Questions whether satellite service competition has grown since passage of Orbit Act in 2000 are being raised once again on Capitol Hill, as ranking Democrats of Senate Commerce Committee and House Telecom Subcommittee urged General Accounting office (GAO) to open new inquiry. Sen. Hollings (S.C.) and Rep. Markey (Mass.) are particularly interested in having GAO review what FCC and NTIA have done since passage of law to improve access to foreign markets by U.S. satellite companies.
High-definition station WHDT-DT (CH. 59), Stuart, Fla., appealed FCC Media Bureau decision that EchoStar wasn’t required to carry station in DTV format, licensee Guenter Marksteiner confirmed. Bureau said existing issues of DTV must-carry proceedings “must be decided before the digital signal carriage rights of TV stations, with regard to satellite carriers, can be enforced” (CD Jan 22 p5).
Four of 5 FCC commissioners raised concerns with portion of rulemaking that eliminated line sharing (although only 2 formally dissented), according to review of their statements. However, it was unclear whether those objections would assist companies such as Covad that might file suit challenging decision (CD Feb 21 p1). Only Comr. Martin, who reportedly brokered agreement, expressed support for eliminating line sharing.
FCC’s “unilateral” action under International Settlement Policy is “contrary to the spirit and the letter of the WTO- GATS rules as well as GATS commitments made by the U.S.,” European Commission (EU) said in reply comments to FCC on whether latter should review settlement charges. It said liberalization and procompetitive regulation of international settlement rates “must be achieved not by unilateral actions but by negotiations between countries… and by policy of assistance towards other countries” to reform their telecom regulations. EC applauded FCC’s initiative to review its rules on relations between U.S. and foreign carriers, but said the review would be only “first step towards a needed revision of the policies themselves in the light of the WTO rules.” EC expressed concerns that FCC was considering whether to take into account ownership structure of terminating dominant foreign operator, saying that criterion wasn’t relevant under WTO rules. It said competitive market would be achieved by applying appropriate procompetitive regulations, while insisting on privatization wouldn’t help process, but would “risk delaying the introduction of real competition.” EC also opposed idea to impose unilaterally regulatory obligations on mobile termination of international services: “This is no more warranted for mobile termination than for fixed termination of international services.” EC said issues raised by mobile termination demonstrated “practical risks of unilateral approach,” as lack of discussion with 3rd countries prevented understanding of their regulatory framework. For example, it said, application of “calling party pays” system in many countries had encouraged development of competitive mobile services and equipment markets. “The FCC cannot act in the place of national regulatory and competition authorities in 3rd countries, neither from a legal point of view nor from a practical point of view,” EC said: “However, the FCC may wish to share experiences with regulators from 3rd parties.” EC said it would “challenge the actions by the FCC” that weren’t compatible with WTO obligations.
FCC’s controversial UNE Triennial Review ruling undoubtedly will lead to more legal challenges, with Verizon already committing itself to court, and very possibly more legislation from House Commerce Committee Chmn. Tauzin (R- La.). While RBOCs and ILECs were critical of portion of ruling that kept UNE-P on table for competitors, CLECs, IXCs and consumer groups said broadband provisions of ruling would reduce choice and raise prices for consumers.
Critical infrastructure protection (CIP) and other counterterrorism activities could be improved by creation of single intelligence analysis entity, panelists told Senate Govt. Affairs Committee at hearing Fri. U.S. Commission on National Security/21st Century Co-Chmn. Warren Rudman said Bush Administration’s plan to develop Terrorist Threat Integration Center (TTIC) had potential to enhance govt.-wide efforts to make sense of an “overwhelming amount of domestic terrorism intelligence.”
FCC appeared headed toward compromise in contentious UNE debate Thurs. as dozens of lobbyists poured into Commission to make last-min. pitches before agency implemented “sunshine” restrictions at end of day. FCC, as expected, released agenda for Feb. 20 meeting about 5 p.m., halting further contact with lobbyists. Note: UNE review is only item on agenda.
In 2-hour session punctuated by frequent questions from bench, lawyers for Verizon and RIAA clashed Thurs. over whether ISP should have to divulge identity of subscriber claimed to be engaged in massive copyright infringement. Verizon is seeking stay -- pending appeal to U.S. Appeals Court, D.C. -- of Jan. 21 decision by Judge John Bates of U.S. Dist. Court, D.C., directing it to comply with RIAA subpoena issued under Digital Millennium Copyright Act (DMCA) (CD Jan 22 p2). Bates said he would rule “fairly expeditiously” in what both sides agreed was case of first impression.
Traditional role of media as neutral observers was questioned Wed. night at forum on whether role should change in response to campaign to stem global terrorism. Panelists generally agreed at National Press Club event organized by Public Relations Society of America that media and terrorists often fed on each other. However, panel disagreed whether news organizations should show restraint in covering acts of terror and disseminating terrorist messages.
In 2-hour session punctuated by frequent questions from bench, lawyers for Verizon and RIAA clashed Thurs. over whether ISP should have to divulge identity of subscriber claimed to be engaged in massive copyright infringement. Verizon is seeking stay -- pending appeal to U.S. Appeals Court, D.C. -- of Jan. 21 decision by U.S. Dist. Judge John Bates of U.S. Dist. Court, D.C., directing it to comply with an RIAA subpoena issued under Digital Millennium Copyright Act (DMCA) (WID Jan 22 p1). Bates said he would rule “fairly expeditiously” in what both sides agree is case of first impression.