Genachowski Proposes Ambitious Agenda for Broadband Proceedings

The timeline is front loaded, with many items lined up for action in the second quarter of the year, in April to June, including everything from the a D-block notice of proposed rulemaking to a Universal Service Fund NPRM and notice of inquiry. FCC Chairman Julius Genachowski originally was expected to circulate the list last week.

The plan will proceed as scheduled despite this week’s Comcast v. FCC decision, which raised questions in the eyes of some about FCC authority to implement part of the plan, Genachowski said. “We are putting the National Broadband Plan into action,” he said. “The court decision earlier this week does not change our broadband policy goals, or the ultimate authority of the FCC to act to achieve those goals. The court did not question the FCC’s goals; it merely invalidated one technical, legal mechanism for broadband policy chosen by prior Commissions."

It’s “a nice courtesy” that the schedule was released, but “the important part is not the procedure it’s the substance,” said one FCC official. A wireless industry attorney said the FCC document offers more actions items than excepted. “They're dividing them in a more detailed way than I might have expected,” the source said. “It’s sometimes easier to break things up into bite sizes pieces where a couple of people can work on them and get them done faster.” “Based on the National Broadband Plan, it’s what we expected,” an eighth floor official said. “It’s helpful to have a schedule that gives us some idea about where we're going this year."

The Universal Service Fund and intercarrier compensation parts of the time line are among the most ambitious. There are 12 items dedicated to “repurposing” the USF high-cost fund as the broadband-focused Connect America Fund. For the second quarter, an NPRM and NOI will begin to identify and refocus funds toward broadband. A merger commitments order will be adopted to resolve open issues and implement “commitments by Sprint and Verizon Wireless to eliminate over multiple years, the substantial funding they receive for telephone service from the USF high cost fund.” Later in the year, three rulemaking notices will be dedicated to establishing a framework of the CAF, creating a mobility fund for one-time support of 3G networks and reforming USF contributions, the plan said.

Intercarrier compensation reform is addressed in a single NPRM scheduled for release at year end. Items on the USF’s Lifeline, Linkup and E-rate programs are scheduled for release before the end of June. The commission will lead off with an order referring some Lifeline/Linkup program issues like eligibility and verification to the Federal State Joint Board. The FCC will consider implementing pilot programs “to identify the most efficient and effective long-term broadband support mechanism for low-income Americans.” Changes to E-rate will stretch into 2012 with two rulemaking notices and an order geared toward “indexing the E-rate funding cap to inflation for funding year 2011."

The spectrum proposals were already well spelled out in the National Broadband Plan. The list includes five items under the general category of “Unleash More Spectrum for Mobile Broadband,” including a D-block order and NPRM, a Mobile Satellite Spectrum rulemaking and an AWS “bands analysis and potential order.” It lists four items under the “Increase Opportunities for Innovative Spectrum Access Models” category, three aimed at removing barriers to spectrum utilization and two dedicated to greater spectrum transparency.

Public safety proposals, among the most controversial in the broadband plan, have also been discussed in great detail by FCC officials in recent weeks. The time line lists four items aimed at development of a national interoperable network for public safety, including the D-block item, creation of an Emergency Response Interoperability Center and orders addressing various 700 MHz waiver petitions.

The schedule includes five cybersecurity action items and three aimed at development of next generation 911 service and improved emergency alerting. Among them are a location accuracy rulemaking, a next generation 911 NOI and an alerting NOI. It provides for six items under improving data collection, analysis, and disclosure, including launch of Technical Advisory Group on Speed and Performance, development of a national broadband map with NTIA, release of transparency and disclosure and broadband data NPRMs and completion of the Mobile Wireless Competition Report.

The time line commits to launch of an FCC Native Nations Broadband Task Force and an FCC Office of Native American Affairs, both by the end of June. It also promises an NPRM examining spectrum issues on American Indian lands.

The time line puts forward various items that focus on making hardware, software and assistive technologies more accessible and affordable for the disabled. Proceedings include an NOI, rulemaking notice and order establishing a real-time text standard to help the speech and hearing impaired conduct conversations over networks and “transition away from outmoded analog-based services.” NPRMs on Internet video and device accessibility and Telecommunications Relay Services will follow in 2011.

Plans to foster competition and empower consumers will consist of rulemaking notices, NOIs and workshops. The analytical framework for special access rates will be discussed in a workshop later this year, followed by proposed rules for the framework. An order and further rulemaking notice on nondiscriminatory access to utility poles also is on the agenda. A rights-of-way task force is to be launched in July.

That there are only three items in the broadband action plan relating to media aside from spectrum reflects both the commission’s focus on Internet service and that there are few major media policy items outside that area, commission officials said. As expected (CD April 6 p2), the two media items this quarter are starting a rulemaking on CableCARDs and an inquiry on gateway devices that can link plug-and-play video devices to any subscription-video service. A surprise to at least one commission official was that the plan also envisions a rulemaking on the gateway devices in the fourth quarter. The National Broadband Plan seeks the establishment of a gateway device by the end of 2012, so some had expected a rulemaking to occur after this year.

Besides what’s in the action plan, major media items likely to get FCC attention in the foreseeable future include program access -- which some see as linked to broadband deployment -- retransmission consent deals between TV stations and subscription-video providers, the media ownership review and Future of Media Project, commission officials said. That’s outside of Comcast’s purchase of a control of NBC Universal and any other media deals.

Chief of Staff Edward Lazarus acknowledged “the broadband plan itself is not especially media focused,” during a Q-and-A session Thursday at a Media Institute lunch. The congressionally-mandated ownership review for 2010 “is going to be something the commission will spend a lot of time and attention on,” he continued. “The commission really is called on to mediate between the past and future at an uncertain time.” Lazarus declined to say if the ownership review will be completed this year, after some said they think that’s doubtful (CD April 2 p1). “We will place tremendous emphasis on these areas” including the Future of Media project, he said: “We are trying to increase the size of our staff” after some left in recent years.