“When you get to be the biggest guy on the block, you'd better get used to it.” That was a Microsoft lawyer’s advice to a Google counterpart, at a Computer and Communications Industry Association conference Friday, on what both called flawed antitrust reviews of their companies by the U.S. government. Speakers had few nice things to say about the workings and outcomes of government reviews of Microsoft’s operating-system monopoly and the XM-Sirius and Google-DoubleClick mergers. Google’s search advertising deal with Yahoo, which has been held up indefinitely by Justice Department review, wasn’t mentioned but seemed to lurk behind some complaints.

A “hidden dagger” in FCC Chairman Kevin Martin’s draft order on a comprehensive intercarrier compensation overhaul could mean no more access charges for AT&T and Verizon, said a National Telecommunications Cooperative Alliance official in an interview. If the Bells can avoid access charges, everything else in the comprehensive overhaul becomes “inconsequential” and a “distraction,” said Dan Mitchell, NTCA legal vice president. AT&T, which endorsed Martin’s draft, denied the NTCA claims.

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The FCC shouldn’t comprehensively revamp intercarrier compensation or the universal service fund at its Nov. 4 meeting, the National Association of Regulatory Utility Commissioners said. In a Tuesday motion sent to commissioners, NARUC said the FCC should seek comment on the draft orders recently circulated by Chairman Kevin Martin. At the meeting, the FCC should answer only a court order to explain the legal basis for the agency’s ISP-bound traffic compensation issues, it said. “The 167 page detailed draft raises a host of issues that no-one -- including the majority of the FCC Commissioners that are expected to vote on the document in two weeks -- has had (or will have) time to fully assimilate,” NARUC said. Acting too quickly “will dramatically increase the odds of a successful appeal -- which will perversely delay reform which is clearly within reach,” it said.

The FCC shouldn’t comprehensively revamp intercarrier compensation or the universal service fund at its Nov. 4 meeting, the National Association of Regulatory Utility Commissioners said. In a Tuesday motion sent to commissioners, NARUC said the FCC should seek comment on the draft orders recently circulated by Chairman Kevin Martin. At the meeting, the FCC should answer only a court order to explain the legal basis for the agency’s ISP-bound traffic compensation issues, it said. “The 167 page detailed draft raises a host of issues that no-one -- including the majority of the FCC Commissioners that are expected to vote on the document in two weeks -- has had (or will have) time to fully assimilate,” NARUC said. Acting too quickly “will dramatically increase the odds of a successful appeal -- which will perversely delay reform which is clearly within reach,” it said.

SANTA CLARA, Calif. -- Wireless Carterfone supporters tried to turn First Amendment arguments against carriers, as opponents attacked proposals to require opening cellphone networks to a wide range of devices. The comments came late Friday at a Santa Clara University conference on the 40th anniversary of the FCC Carterfone order breaking wireline companies’ control over attachments.

Internet freedom “must be at the forefront” whenever Europe talks of Internet governance, Information Society and Media Commissioner Viviane Reding said Monday. Openness, interoperability and neutrality must be maintained and user privacy and security are ensured, she said. Privacy, security and openness aren’t mutually exclusive, she said, speaking via video at a two-day Council of Europe dialogue in Strasbourg. The event, focusing on Internet governance, was the first aimed at crafting a European position for December’s UN Internet Governance Forum (IGF) in Hyderabad, India.

SANTA CLARA, Calif. -- Wireless Carterfone supporters tried to turn First Amendment arguments against carriers, as opponents attacked proposals to require opening cellphone networks to a wide range of devices. The comments came late Friday at a Santa Clara University conference commemorating the 40th anniversary of the FCC Carterfone order breaking the wireline phone system’s control over attachments. A long line of Supreme Court cases starting with Red Lion empowers the commission to protect a “robust marketplace of ideas” by promoting diversity that the FCC should extend to telecom from TV and radio through wireless Carterfone, said Media Access Project President Andrew Schwartzman. Carrier practices such as restricting file sizes and directing subscribers to partner search engines act as limits on expression, Schwartzman said. Verizon Wireless has raised the First Amendment on the other side of the question, contending that imposing rules would restrict the diversity that the market offers. Schwartzman raised “an important issue,” said Nicolas Johnson of the University of Iowa’s law school, who as an FCC commissioner wrote the majority opinion in Carterfone. Contending that competitiveness of the cellular market makes it completely inappropriate to extend Carterfone from its Bell monopoly context were George Ford, the Phoenix Center’s chief economist, and James Speta of Northwestern University’s law school. Carterfone doesn’t apply outside the world of monopoly, strong regulation and guaranteed returns from which it emerged, Speta said. Rules on devices are beside the point in a world where consumers have a wide choice of cellphones and operators have controlled Skype and P2P in their networks, not through leverage over hardware, Ford said. “It’s not just the equipment,” he said. “It’s the terms of the agreement we have to use it.” And it’s Apple that dictated to carriers what the iPhone 3G would be, Speta said.

The FCC should seek public comment on the Office of Engineering and Technology’s report on the use of the TV white spaces before adopting final rules, officials of the Association for Maximum Service TV said Thursday in a meeting with Charles Matias, advisor to FCC Chairman Kevin Martin. MSTV said in a filing there are “dramatic inconsistencies” between the conclusions OET drew in the report and the testing data reported. The FCC released the report late Wednesday and plans a vote on rules at the Nov.4 meeting. Meanwhile, broadcaster groups and the networks filed an emergency petition at the FCC Friday asking the agency to seek comment on the report. “Simply put, until two days ago, it has been the Commission’s practice to adopt rules based on complex data only after allowing the public an opportunity to comment on that data,” the broadcasters said. “Failure to provide adequate opportunity for public comment on information so central to the outcome of this proceeding raises serious questions about compliance with the Administrative Procedures Act.” NAB, MSTV, ABC, CBS, NBC, FOX and the Open Mobile Video Coalition signed the petition.

Verizon Wireless and Alltel are citing the credit crunch and crashing financial markets in arguments at the FCC urging speedy approval of Verizon’s acquisition of the smaller carrier. In an order circulated Tuesday FCC Chairman Kevin Martin (CD Oct 16 p1) asked commissioners to approve the merger at the Nov. 4 meeting. At the same time, smaller wireless carriers are starting a strong push asking the FCC not to impose more automatic requirements on Verizon Wireless as merger conditions.