Just because Comcast’s VoIP service uses “transmission,” that doesn’t make it a “telecommunications service” under the Communications Act, said Kathryn Zachem, vice president of regulatory and state legislative affairs, in a letter to the FCC. The letter was a response to questions raised by Wireline Bureau Chief Dana Shaffer and FCC General Counsel Matthew Berry on former Chairman Kevin Martin’s last weekend in office (CD Jan 22 p5). They sought information about how Comcast’s network management practices affected its VoIP service, and suggested that Comcast’s VoIP service could be considered a Title II telecommunications service and subject to more regulation. That assertion “is directly contrary to multiple Commission rulings (and one Supreme Court decision) all of which emphatically refute that notion,” Zachem wrote. “No Bureau or Office has delegated authority to countermand a Commission decision.” The matters would better be taken up in a rulemaking, Zachem said. Several relevant dockets are open, including the IP-enabled services proceeding, she said. “It would be inappropriate and in excess of delegated authority for any Bureau or Office to decide the answers to those questions before the full commission has done so.” Comcast VoIP subscribers don’t have to buy broadband service from the cable operator, and Comcast doesn’t route their phone traffic over the public Internet, Zachem said.

Motorola lost $3.6 billion in Q4 on weaker sales, versus a year-earlier profit of $100 million. The manufacturer, looking toward a turnaround in 2010, suspended its dividend, announced the departure of Chief Financial Officer Paul Liska, and the second delay of its planned separation. On a conference call Tuesday, co-CEO Sanjay Jha warned of a weak Q1 and further weakness in handset sales.

Just because Comcast’s VoIP service uses “transmission,” that doesn’t make it a “telecommunications service” under the Communications Act, said Kathryn Zachem, vice president of regulatory and state legislative affairs, in a letter to the FCC. The letter was a response to questions raised by Wireline Bureau Chief Dana Shaffer and FCC General Counsel Matthew Berry on former Chairman Kevin Martin’s last weekend in office. They sought information about how Comcast’s network management practices affected its VoIP service, and suggested that Comcast’s VoIP service could be considered a Title II telecommunications service and subject to more regulation. That assertion “is directly contrary to multiple Commission rulings (and one Supreme Court decision) all of which emphatically refute that notion,” Zachem wrote. “No Bureau or Office has delegated authority to countermand a Commission decision.” The matters would better be taken up in a rulemaking, Zachem said. Several relevant dockets are open, including the IP-enabled services proceeding, she said. “It would be inappropriate and in excess of delegated authority for any Bureau or Office to decide the answers to those questions before the full commission has done so.” Comcast VoIP subscribers don’t have to buy broadband service from the cable operator, and Comcast doesn’t route their phone traffic over the public Internet, Zachem said.

REAL ID and similar identification cards still pose privacy problems, and so do border searches and seizures of digital information, the Data Privacy and Integrity Advisory Committee of the Department of Homeland Security told Secretary Janet Napolitano and acting Chief Privacy Officer John Kropf in a letter completed Tuesday. The letter outlines recommendations on central privacy matters for the new administration to review.

The few documents released by the U.S. Trade Representative about negotiations of the Anti-Counterfeiting Trade Agreement don’t offer much information beyond what was already available, the Electronic Frontier Foundation said, but they do point to industry influence. The newly released documents also show that negotiators agreed to share documents only within government negotiating teams or outsiders who are part of the “domestic consultation process” and that the U.S. said it would “hold ACTA documents in confidence for a fixed period of time after negotiations conclude.”

The FCC should quickly deal with “longstanding open issues” in petitions to deny license assignments from Paxson of KPXF Porterville, Calif., to Univision and KPXJ Minden, La., to another company, said a request for resolution. When the Media Bureau approved the assignments in 2003 and 2004, it didn’t act on contentions by Common Cause and others that Paxson’s deals with the Christian Network violated FCC rules, said Ion, as Paxson is now known. “The issues raised in those Petitions also continue to affect the 60 stations” run by Ion. Since the FCC has ruled on network practices (CD Sept 4 p12), the commission now should tackle the questions raised by the petitions to deny, Ion said Thursday.

During 2008, Alabama’s Public Service Commission reviewed 100 interconnection, resale and collocation agreements among competitive local exchange carriers, wireless providers and incumbent LECs, the commission said in its annual report. The agency received eight applications for toll resale and CLEC service. Commission staff worked on four mediations or arbitrations of interconnection issues and helped resolve 244 matters raised by industry, consumers and other agencies, the agency said. The commission worked with industry and the North American Numbering Plan Administrator to promote conservation in the state’s four area codes, it said. Area code 256 is in jeopardy, with relief planning under way and the regulator monitoring number assignment and use and moving to reclaim unused resources. This has caused area code 256 numbering assignments to shrink significantly, as shown by the latest Numbering Resource Utilization Forecast data, said the commission. Area code 205 is nearing relief status, it said. Besides monitoring numbering assignments and usage, the commission is promoting conservation to fend off exhaustion of numbering assets in this area, the regulator said. An update is pending to rules on phone service offered inmates of state penal facilities. Pursuant to Alabama law, the regulator developed E911 programs and Web sites during 2008 and mandated that companies quoting prices for services fully disclose the actual and estimated charges customers can expect on average monthly bills. The agency widened Lifeline/Link-Up services, and began work on a third-party billing database, said the commission. The agency helped implement Universal Service requirements of the 1996 Telecommunications Act and FCC mandates on universal service. State reviews in this area included analysis of plans by BellSouth, CenturyTel and rural ILECs to use rural and non-rural federal universal service high-cost fund allocations. The commission developed detailed monitoring plans and did on-site inspections to verify that funds were used as it directed, it said.

Acting Chairman Michael Copps told FCC staff members Monday to answer questions from all the commissioners, not just the chairman. He made changes billed as making the commission run more openly. Meanwhile, Commissioner Jonathan Adelstein denounced the FCC’s leadership under former Chairman Kevin Martin. Adelstein said at a New America Foundation event that the commission is entering an era of openness under President Barack Obama.

Acting FCC Chairman Michael Copps spoke to FCC staff Monday, specifically instructing them to answer questions from all commissioners, not just the chairman, as he instituted a series of reforms designed to make the commission more open. Meanwhile, Commissioner Jonathan Adelstein on Monday blasted the leadership of the agency under former Chairman Kevin Martin. In remarks at a New America Foundation event, Adelstein said the FCC will see a new era of openness under the administration of President Barack Obama.

Intel and other large high-tech companies are working to promote Data Privacy Day, a European import to be marked Wednesday, in its second year in the U.S. Public events centering on consumer education about privacy protection are planned from Washington, D.C., to Silicon Valley and overseas. “There will be easily 10 times as many events as there were last year,” said David Hoffman, Intel’s privacy officer. But not everyone is on board, and publicity hasn’t been widespread.