Competitive providers are uneasy -- about the future of interconnection in a world where copper is gone; about the monopoly power they believe is still enjoyed by many incumbents; and about AT&T’s proposed wire center trials, which they fear could bring the industry a step closer to massive deregulation. No matter what AT&T and its supporters say to assuage CLECs, to many industry officials the trials are inextricable from their history -- such as an August ex parte FCC filing in which AT&T detailed its ideal path toward deregulation. In interviews with several CLEC officials, a common theme emerged: Confusion about the scope of the trials, and fear of what it could mean for the future of competition.

CBP's intent to establish a new system of records (SORS) for data filed as part of the Customs—Trade Partnership Against Terrorism (C-TPAT) program is causing alarm among some trade groups due to the potential release of proprietary information. Several recent filings with the agency responding to the notice establishing the SORS and a related proposed rulemaking (see 13031225) indicate concern with the idea and the speed at which the regulatory process is moving forward.

The cable industry was adamant in comments posted Tuesday in docket 05-25 that the FCC’s special access data collection regime violates the Paperwork Reduction Act. NCTA and ACA said the FCC’s PRA time estimate was far too low, with an actual burden far disproportionate to any possible benefit. Some small carriers also objected to the burden, saying there’s almost no “practical utility” to collecting the information. But AT&T and several CLECs said the burden was accurately estimated, and justified.

FTC Chairman Edith Ramirez defended the agency’s settlement with Google and recent use of its authority under Section 5 of the FTC Act during a Tuesday hearing of the Senate Judiciary Subcommittee on Antitrust.

FTC Chairman Edith Ramirez defended the agency’s settlement with Google and recent use of its authority under Section 5 of the FTC Act during a Tuesday hearing of the Senate Judiciary Subcommittee on Antitrust.

The Pipeline Hazardous Materials Safety Administration increased maximum and minimum civil penalties for knowing violations of the Federal hazardous material transportation law. The revisions set forth changes required by the Moving Ahead for Progress in the 21st Century Act, passed by Congress last year. The new amounts are:

Efforts to head off an FCC vote in favor of giving Vonage direct access to numbers in a few pilot markets appear to have fallen flat despite a big push last week by the National Association of Regulatory Utility Commissioners, consumer and public interest groups. FCC and industry officials said Monday that Chairman Julius Genachowski appears to have lined up at least three votes for the Vonage trials, with commissioners Mignon Clyburn and Jessica Rosenworcel ready to vote yes. The NARUC-led coalition came in too late in the game, bringing with it public interest and consumer groups that had never lobbied on the issue to change votes on an order set for Thursday’s meeting, agency officials said. Supporters of the letter hoped they would raise enough questions to give Clyburn and Commissioner Ajit Pai pause, organizers said last week. “It seems to me the trial gives the bureau a chance to get real world data on porting and routing and number exhaust and intercarrier comp,” an agency official said. A second official said it’s hard to make a case against a pilot. Vonage lawyer Brita Strandberg of Wiltshire Grannis reported on recent calls with aides to Genachowski and Clyburn to address lingering concerns about the trials. “I explained that Vonage is committed, and has been committed throughout this proceeding, to working with the states to address their concerns about direct access to numbers,” said an ex parte filing posted Monday (http://bit.ly/XCJDsP). “Vonage does not seek access to any numbers other than those it can access indirectly today. Vonage has thus agreed to conditions suggested by states to address number and area code exhaust concerns. Vonage also believes any participant in a trial should work closely with relevant states to address those concerns.” The company also agreed to “a very high level of number utilization -- 65 percent,” as a condition of the waiver, Strandberg said. “In contrast, the CLECs from whom Vonage currently buys numbers are among the most inefficient users of numbers, with utilization averaging less than 35 percent.” The letter said the pilots will “test the feasibility of direct access and provide information about routing, porting, and intercarrier compensation that is critical to informed decisionmaking; it will not prejudge the rulemaking.” Prior to the release of a sunshine notice on the FCC meeting, Vonage CEO Marc Lefar also left a voicemail for Zach Katz, the commission’s chief of staff, on “the importance of the trial to provide real-world data to support the NRPM [sic], and noted that recently raised concerns about the Commission’s consideration of direct access have been addressed extensively in the record,” said a second ex parte filing (http://bit.ly/XNtqDs). Also posted by the FCC Monday was an ex parte filing on a meeting between Level 3 and Bandwidth.com officials and officials in the Office of General Counsel. The two companies have been leading opponents of the pilots. “CLEC Participants articulated that Vonage and other Petitioners have failed to meet the legal standard for a waiver of Section 52.15(g)(2)(i) and that due process demands that the Commission act only after issuing a Notice of Proposed Rulemaking, including the question of whether changes to the Commission’s numbering rules are warranted,” said the filing (http://bit.ly/Zt0zj4). Matt Wood and Derek Turner of Free Press said they had received a call from Genachowski adviser Michael Steffen on Free Press’s support for the NARUC letter. “Together we questioned the reported decision to grant Vonage a waiver for direct access to numbering resources prior to the conclusion -- or even initiation -- of a notice and comment rulemaking on the same topic,” the filing said (http://bit.ly/ZsWF9L).

The FCC did not act within its discretion when it determined InterCall’s services were “telecommunications” service and required the company to pay into the USF, Arent Fox attorney Ross Buntrock argued for The Conference Group. The agency also did not act properly in issuing the order through adjudication, rather than through the notice-and-comment rulemaking procedures it must follow under the Administrative Procedure Act, Buntrock said.

Efforts to head off an FCC vote in favor of giving Vonage direct access to numbers in a few pilot markets appear to have fallen flat despite a big push last week by NARUC, consumer and public interest groups (CD April 15 p1). FCC and industry officials said Monday that Chairman Julius Genachowski appears to have lined up at least three votes for the Vonage trials, with commissioners Mignon Clyburn and Jessica Rosenworcel ready to vote yes.

A week after CBS and Fox talked about moving to a subscription model if retransmission-consent fees are threatened by a victory in court for online-TV service Aereo, some in the industry are divided over whether such a huge shift could really happen. “We're going to use all of our legal options to protect this business model that has sustained our industry,” said an NAB spokesman, echoing Fox Chief Operating Officer Chase Carey, who raised the spectre of a move to subscription at the NAB Show last week (CD April 9 p14). Several industry observers said Carey’s comments were posturing aimed at influencing legislators or investors, because removing content from broadcast would be very disruptive to network affiliates.