It will be hard to convince courts to reverse an FCC decision requiring facilities-based broadband Internet access service providers, such as VoIP, to accommodate electronic surveillance wiretaps under CALEA, said Mike Warren, NeuStar vp-fiduciary services and ex-FBI head- CALEA implementation section. He spoke Wed. at a USTelecom webinar on CALEA.

The FCC should amend its pole attachment rules to prevent harm to service providers and customers and prevent market distortions, USTelecom said Tues. in a petition for rulemaking. Many firms are “exploiting the FCC’s inconsistent rules and demanding that ILECs pay rate increases up to 500%,” said USTelecom Pres. Walter McCormick. The group said an FCC formula stipulates default pole attachment rates for CLECs and cable providers and a process for handling rate disputes, but the FCC hasn’t applied the same principles to ILECs.

Rural telecom firms face a significant choice as a result of FCC deregulation of wireline Internet access (CD Aug 8 p1), panelists said on a USTelecom Webinar conference Tues. The order lets rural telecoms decide if their DSL service is to be treated as a regulated common carrier service or as a generally unregulated private carriage offering -- and that’s a major decision that can’t be made “off the top of the head,” said Carol Mattey, formerly at the FCC Wireline Bureau and now a Deloitte & Touche dir.

The 4 proposals to modify the rules governing high- cost universal service support by the FCC’s Joint Board on Universal Service didn’t received much support in comments filed with the FCC Fri.

USTelecom asked the House Appropriations Committee to keep 2 provisions the Senate added to a Commerce-Justice- Science Appropriations bill passed last week (CD Sept 16 p9): (1) Extend a year’s waiver of the Anti-Deficiency Act rule for the Universal Service Fund program. (2) Bar the FCC from expending funds to implement a proposal limiting high-cost support to rural carriers to primary lines. The bill, passed by the House before the summer recess, now goes to conference. USTelecom officials said they sent their letter to House Appropriations Committee Chmn. Lewis (R-Cal.) to remind the panel of the provisions’ importance to the telecom industry.

FCC personnel’s absence at this week’s VON Convention in Boston spurred many a hallway conversation during the event. Only one FCC staffer -- Russell Hanser, an aide to Comr. Abernathy -- agreed to be on the program, and he spoke off the record. VON organizers said other FCC officials were invited but declined. Some in the VoIP industry complained that no-show Chmn. Martin spoke in June at the USTelecom co-sponsored Supercomm and is on the program for USTelecom’s Oct. show, perhaps indicating bias. Von Coalition Pres. Staci Pies, who is PointOne regulatory vp, said she doesn’t know why so few FCC people came but she doubts there was a deliberate slight. Martin always has been willing to meet with the VoIP industry and “he listens” to what industry representatives say at those meetings, she said.

New Qwest board members: James Unruh, ex-Unisys, and Wayne Murdy, Newmont Mining; Vinod Khosia resigned from board effective Sept. 12… Former FTC Comr. Orson Swindle joins Hunton & Williams as senior policy adviser, Center for Information Policy Leadership… Anthony Anbrosio moves to exec. vp-human resources & administration, CBS Corp., after network splits off from parent Viacom; JoAnne Griffith to similar position at new Viacom… Jeffrey Feinberg, ex-CIBC Telecom Group, becomes senior vp-origination for GE Commercial Finance Global Media & Communications… Richard Szejelyi, ex-Navigent Group, moves to Weida Communications as CFO… Arbitron promotions: Beth Webb to dir.-Portable People Meter research; Dan Ames to dir.-international research… SI International names Harry Gatanas, ex-National Security Agency, exec. vp-strategic programs group… Pappas names Alan Weintraub, ex-National Cable Communications, dir.-national sales, Chicago… Correction: USTelecom Pres. Walter McCormick joins State Dept. Advisory Committee on International Communications & Information Policy.

Broadband video services would be federally regulated but local authorities authorized to assess franchise fees up to 5% of gross revenue, under a draft of the House Commerce Committee telecom update bill released Thurs. The bill would put VoIP services, broadband video services and “broadband Internet transmission services” (BITS) under federal regulatory authority. House leaders who worked on the legislation -- Committee Chmn. Barton (R- Tex.), ranking member Dingell (D-Mich.) Telecom Subcommittee Chmn. Upton, ranking Subcommittee member Markey (D-Mass.) and Rep. Pickering (R-Miss.) -- agreed on the discussion draft Wed. and began distributing copies to members Thurs., House sources said.

USTelecom Pres. John McCormick joins State Dept. Advisory Committee on International Communications & Information Policy… Elections at EICTA (European Assn. for Information Systems, Communications Technologies & Consumer Electronics): Rudy Provoost, Philips, re- elected pres. and chmn. of executive board; John Higgins, Intellect, becomes vp… Wireless Age promotes Bradley Poulos to CEO, replacing John Simmonds, who remains chmn… Gino De Jesus, ex-Investor Relations Group, becomes Fox vp-corporate communications… CNBC promotes Jeremy Pink to vp-international news & programming, effective Sept. 26; Barbara Stelzner, ex- Sky News, replaces Pink as head of news for CNBC Europe… Consultant Larry Satkowiak returns to Cable Center as interim COO.

The FCC should deny a petition by 8 CLECs asking it to forbear from applying deregulatory actions it took earlier this year in the UNE Remand Order, USTelecom said. In comments filed Mon., USTelecom said forbearance is the wrong way to address the CLECs’ concerns. “The true nature of the filing is a request to revisit the Commission’s findings that were adopted or reaffirmed in its [UNE Remand Order],” USTelecom said. The association said forbearance is used to eliminate the application of regulation and in this case “there is no regulation from which to forbear.” Since the FCC decided not to require Bells to unbundle network elements the CLEC petition targeted, “a grant of forbearance from a rule that states a carrier is not required to unbundle certain elements cannot then require a carrier to unbundle those elements.” The CLECs’ March 28 petition asked the FCC to forbear from applying: (1) The wire center-based test for DS1 loop impairment if CLECs use the DS1 loops to serve “predominantly residential” or “small office” buildings. (2) The DS1 dedicated transport cap. (3) Eligibility criteria for use of Enhanced Extended Links (EELs). However, PaCLEC, a small CLEC in Pa., told the Commission forbearance from at least one of those limitations -- use of EELs -- would be a great help to “CLECs serving smaller communities expand their business in a cost-effective way.” PaCLEC said CLECs expand their business by installing a switch and using it to extend service in other central offices. “To grow a CLEC to a sufficient level to enable the installation of a switch” requires colocating in several central offices, the PaCLEC said. CLECs in smaller communities often can’t gather enough business customers in the new central offices to justify multiple colocations, PaCLEC said. EELs enable a CLEC to serve customers outside its colocated central offices before it’s economical for the CLEC to install its own switch, PaCLEC said. “Under the Commission’s existing regulations, however, EELS cannot be used by CLECs that are providing data service without voice service.” The CLEC petition was filed by XO Communications, Birch Telecom, BridgeCom, Broadview Networks, Eschelon Telecom, NuVox, SNiP LiNK and Xspedius.