COPPS STRESSES PUBLIC INTEREST IN SPECTRUM CAP ANALYSIS
If FCC were to alter spectrum cap for wireless carriers, Comr. Copps told reporters at Wed. breakfast, public interest should be demonstrated and “use of their current spectrum would be a consideration.” Commission this fall is to address issue of spectrum cap for wireless carriers, which now is 45 MHz in most markets and 55 MHz in rural areas. CTIA repeatedly has urged agency to relax cap, most recently arguing that such action could serve as “interim” solution for spectrum-constrained carriers until larger 3G decision are made (CD Sept 26 p9). Copps didn’t rule out changes in those limits, but said “those who are advocating for change would have to demonstrate to me that there’s a benefit to the public interest, there is a necessity to change it.” He said: “It’s a fairly fundamental change if you're talking about lifting the cap in terms of economic power” and other considerations. Public interest implications of spectrum cap changes include availability of technology and cost effects of products available to consumers, Copps said: “I think there are competition issues, there are public safety issues.”
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FCC decisions are “imminent” on pending waiver requests on enhanced 911 Phase 2 decisions, he said, with rulings expected by end of day Wed. or Thurs. (By our deadline, FCC orders on waiver requests hadn’t been issued). Deadline to begin implementation of enhanced location capabilities of Phase 2 of E911 was Mon. Carriers that have submitted waiver requests, including alternative compliance timelines based on when technology will be available, include AT&T Wireless, Cingular Wireless, Nextel, Sprint PCS, Verizon Wireless. Commission has been expected to address waiver requests of largest wireless carriers, dealing separately with small to midsize carriers, which may get short- term limited relief on deadlines but not accuracy standards. Copps said he would issue separate statement as part of items released on waiver requests, but he declined to say whether it would be dissent. “As a general principle, in the wake of what happened, I think obviously E911 assumes even greater importance than it may have had in some people’s minds than before Sept. 11,” Copps said. “We have not accorded this sufficient priority,” he said, saying those responsible included everybody from FCC and public safety answering points to wireless carriers and equipment makers. “We have to make this an urgent priority and make sure it gets done,” he said. “There are lots of requests in for waivers. We have to look at each one of those on the merits. We can’t really generalize.”
Asked about ILEC-IXC mergers such as rumored AT&T-BellSouth, Copps said he didn’t automatically think such mergers were bad. “You have to look at each case on an individual basis,” he said. “All bigness isn’t bad,” particularly with move toward globalized economy, Copps said. “That said, people in this country have had a history of concern about excessive economic power” and effect of such large consolidations must be weighed in terms of economic concentration, he said. Asked whether that meant he didn’t share ex-FCC Chmn. Reed Hundt’s view that local-long distance mergers were “unthinkable,” Copps said “very little is unthinkable.”
Copps said he shared ex-Comr. Susan Ness’s concern about sunshine law’s dampening effect on Commission debate (CD Oct p3). He said before he joined he envisioned commissioners “hashing out” issues as a block, like appeals court panels do. FCC’s efficiency could be greatly improved by easing open meeting law, he said, although he didn’t expect that to happen soon. “You lose a dynamic element if you can’t all get together.” Asked why agency couldn’t just debate issues in public, he said public meetings were good for information gathering rather than decision making.
Copps said he was “heartened” by broadcasters’ response to his urging that they voluntarily keep transcripts or tapes of programs so consumers could file complaints of indecent content more easily. “I have genuine concern and want to work with them [broadcasters],” he said. “I hope to hear from them soon.” FCC puts unwarranted burden on consumers by requiring them to provide transcripts or tapes, he said. A parent car pooling children or sitting with them on beach can’t produce tape recorder on spur of moment if allegedly indecent programming is aired, he said. Many stations probably already are taping, he said. “I'm not saying send the tape to the FCC so I can pore through it,” he said, adding that he just wanted stations to keep tape for few months in case there were complaints.
Asked about public interest standard and FCC’s obligations under it, Copps said that would be topic of his Oct. 15 FCBA luncheon speech.