The FCC will consider easing an in-market exclusion for roaming agreements, at its Aug. 22 meeting, FCC Chairman Kevin Martin told reporters Monday. The FCC will vote on an order on reconsideration addressing issues raised by Sprint, Leap Wireless, MetroPCS, SpectrumCo and T-Mobile in petitions to reconsider last summer’s roaming order (CD Aug 8/07 p1). Martin is also seeking votes on a digital TV fine and an HD-carriage exemption for small cable systems.
The following are the trade-related bills and resolutions that were introduced in the House or Senate during July 31-August 1, 2008:
The Agricultural Marketing Service has issued an interim final rule1, effective September 30, 2008, requiring the mandatory country of origin labeling (COOL) for the following agricultural goods (collectively, covered commodities):
FCC members seem to agree it should be easier for women and minorities to buy communications properties, so the question is how to help, Commissioner Michael Copps said at the start of the agency’s Tuesday hearing on the subject. “I think we all recognize that access to capital is a huge barrier to entry and that we need to find ways to bring aspiring entrepreneurs together with meaningful capital,” he said in prepared remarks. But the “serious fault-lines that arguably exist among us” result from disputes over whether increased consolidation hurts minority and female ownership, he said. Copps said he and Commissioner Jonathan Adelstein agree more concentrated ownership does hurt diversity. Adelstein said consolidation has “shut out new entrants by raising the cost of owning a single broadcast entity.” Saying he was disappointed that Congress ended tax breaks for companies that sell assets to minority-group members, he said ownership by them and women has “been in a tailspin” since Congress dumped tax certifications and passed the 1996 Telecom Act. Commissioner Robert McDowell said he worries that implementing FCC localism proposals would hurt women and minorities. “These proposals treat stations as if they are homogenous,” he said. “It doesn’t make sense for stations that serve niche audiences to poll for advisory boards the same community leaders that a general purpose station does.” Commissioner Deborah Tate said many industries other than broadcasting have few companies owned by minorities and women. But, she said, “opportunities do still exist for broadcast entrepreneurs, especially in the mid to small markets, to acquire stations and outperform industry growth.” An FCC spokeswoman said the commission couldn’t provide Chairman Kevin Martin’s opening statement right away. Technical problems precluded webcasting the hearing as planned, the FCC said.
Sirius and XM put in writing additional commitments in order to get FCC Commissioner Deborah Tate to be the necessary third vote for approval of the companies’ merger late last week. The commitments came in a letter filed late Friday and made available Monday. The FCC formally announced approval of the proposed combination late Monday.
Sirius and XM late Friday put in writing additional concessions to get FCC Commissioner Deborah Tate to be the necessary third vote for approval of the companies’ merger, documents released Monday at the commission show.
AT&T asked the FCC not to allow Sprint Nextel to combine its 2.5 GHz assets with Clearwire’s in a WiMAX partnership. AT&T said that the FCC should at least create a screen to judge the effects on competition of combining the spectrum holdings. The Rural Cellular Association also asked the FCC to reject the deal. Numerous educational broadcast service and broadband radio service licensees filed in support of Sprint and Clearwire.
Comcast and Free Press continue feuding at the FCC (WID July 21 p2) over whether the agency has authority to find that the cable operator violated commission net neutrality principles, as Free Press claimed in a filing on Comcast’s network management. In a Monday letter to the FCC Comcast said it meant its communique to “re-emphasize the fundamental legal flaw in Free Press’ demand” that the FCC act: “There is simply no law, and no lawful basis to promulgate any new legal standard to be enforced.” Section 230(b) of the Communications Act and 706(a) of the Telecom Act, both of which Free Press “now focuses” on, “confer no rights or enforceable duties on subscribers or broadband providers, and do not expand the agency’s statutory authority in any way,” said Comcast. “The absence of any potentially applicable law prevents the Commission from taking any action on the Complaint.” If it did act, the FCC could violate the Administrative Procedure Act and the due process clause of the Constitution, Comcast suggested. Friday, officials from Free Press and other network neutrality proponents met with Commissioner Jonathan Adelstein to discuss “the strongest jurisdictional bases for the Commission to issue a show-cause Order,” said an ex parte. “We also discussed several of the meritless arguments that Comcast and its allies have raised in its attempt to delay the Commission’s action.” Another letter from Comcast to the FCC said the cable operator’s network management, similar to that of other ISPs in the U.S. and other countries, isn’t discriminatory. Comcast broadband customers “can and do access any content, run any application, and use any service that they wish,” said the cable company.
The Environmental Protection Agency has posted to its Web site an unofficial version of its advance notice of proposed rulemaking on regulating greenhouse gas (GHG) emissions under the Clean Air Act (CAA).
Comcast and Free Press continue feuding at the FCC (CD July 21 p11) over whether the agency has authority to find that the cable operator violated commission net neutrality principles, as Free Press claimed in a filing on Comcast’s network management. In a Monday letter to the FCC Comcast said it meant its communique to “re-emphasize the fundamental legal flaw in Free Press’ demand” that the FCC act: “There is simply no law, and no lawful basis to promulgate any new legal standard to be enforced.” Section 230(b) of the Communications Act and 706(a) of the Telecom Act, both of which Free Press “now focuses” on, “confer no rights or enforceable duties on subscribers or broadband providers, and do not expand the agency’s statutory authority in any way,” said Comcast. “The absence of any potentially applicable law prevents the Commission from taking any action on the Complaint.” If it did act, the FCC could violate the Administrative Procedure Act and the due process clause of the Constitution, Comcast suggested. Friday, officials from Free Press and other network neutrality proponents met with Commissioner Jonathan Adelstein to discuss “the strongest jurisdictional bases for the Commission to issue a show-cause Order,” said an ex parte. “We also discussed several of the meritless arguments that Comcast and its allies have raised in its attempt to delay the Commission’s action.” Another letter from Comcast to the FCC said the cable operator’s network management, similar to that of other ISPs in the U.S. and other countries, isn’t discriminatory. Comcast broadband customers “can and do access any content, run any application, and use any service that they wish,” said the cable company.