Reflecting on Telecom Act progress after 5 years, FCC Comr. Ness said Thurs. she hoped Commission would “hold firm in our view” that it’s only after Bell companies have met statutory requirements such as cost-based pricing that they are allowed to enter long distance. She spoke to reporters at press breakfast one day after AT&T Chmn. Michael Armstrong suggested in National Press Club speech that long distance carriers were having so much trouble breaking into local markets it might not be worth effort (CD Feb 8 p7). He raised concerns such as inability to lease unbundled network elements at reasonable prices. Chmn. Powell this week also told reporters he didn’t think “deregulation is like the dessert” served only as reward for creation of competition. Asked about Armstrong warning that AT&T might exit markets where it offers local service, Ness said his frustration appeared to stem from pricing regime set on state-by-state basis. “I do think we need to look at some pricing issues, particularly together with our colleagues in the states,” Ness said, noting issue had emerged in conjunction with Bell long distance applications in Mass. and Okla. “We need to have prices that are forward-looking, that are consistent with the requirements of the Act,” Ness said. “We ought to be looking together with the states on what the best practices are.” She said “sustainable” competition has to be based on both cost-based measurements and efficient applications. Asked whether she expected Powell-led FCC to take less activist turn, Ness disputed “notion that all issues here are decided on partisan grounds.” Telecom issues historically are framed along lines of arguments that are more sympathetic to incumbents “versus those more sympathetic to the arguments of the insurgents,” she said. In other policy areas, Ness said she anticipated Commission would move forward on reciprocal compensation and related intercarrier compensation issues shortly. “I am hoping that we will address both of those pieces in the next few weeks,” she said. On wireless spectrum cap, which FCC is re-examining, Ness said it was time to assess purpose of cap. She said she also hoped that service providers with wireless licenses would “do everything in their powers to use spectrum more efficiently.”

Verizon shouldn’t be allowed to enter Mass. long distance market because Mass. Dept. of Telecom & Energy (MDTE) hasn’t set permanent rates for unbundled network elements (UNEs) based on forward-looking TELRIC (total element long-run incremental cost) methodology, Mass. Attorney Gen. said in comments to FCC Feb. 6. Filing said rates didn’t meet one of Telecom Act’s checklist requirements. It also said that until MDTE can review Verizon’s performance assurance plan (PAP), filed Jan. 30, there was no proof that Verizon wasn’t discriminating against its data competitors in favor of its separate affiliate. Attorney Gen. said Verizon’s PAP didn’t include enough DSL performance measures to assure compliance with Act. Filing said DSL competition in Mass. was dwindling, making need to monitor and remedy poor DSL performance greater to ensure consumers have choices.

Debating success or failure of Telecom Act (see separate story, this issue) is no academic matter in Congress, where several proposals would make significant changes. Most prominent include 2 heavily pushed by House Commerce Committee Chmn. Tauzin (R-La.): Loosening restrictions on Bell companies’ offering data services across long distance LATA lines and adding restrictions on FCC’s handling of merger reviews. While both have received great deal of support in theory, we're told both still face considerable difficulty winning passage this year.

If communications lobbyists could go back in time and rewrite Telecom Act, Bell companies would be first to grab their pens, with broadcasters close behind, according to interviews by staff of Communications Daily. We asked industry representatives, Capitol Hill officials and others what they would change if they could rewrite Act with benefit of 5 years’ hindsight. Cable representatives appeared least likely to want change, having won deregulation, capital and entry into telecom business through Act. Views of CLEC interests ranged from structural separation for Bell companies to stricter enforcement.

New FCC Chmn. Powell laid out broad agenda Tues., stressing need for competition, deregulation and regulatory restraint. Agency should take “judicious” rather than “quasi-legislative” role, he said in his first news conference, citing examples in which FCC’s job primarily was to implement policy. While declining to discuss specifics of priorities such as streamlining FCC procedures, he repeatedly sounded theme of allowing competitive forces in market to take hold. “I do not believe that deregulation is like the dessert that you serve after people have fed on their vegetables as a reward for the creation of competition,” he said. Deregulation is critical to facilitate competition, “not something to be handed out after there’s a substantial number of players in the market,” he said.

FCC asked for comments by Feb. 20 on CLEC access charge issues raised in U.S. Dist. Court, Alexandria. Acting in suits brought by several CLECs against AT&T and Sprint, court Jan. 5 referred to FCC issues involving obligation of interexchange companies (IXCs) to purchase CLEC access service. As part of referral process, AT&T and Sprint filed petitions Jan. 19 seeking FCC ruling on 2 key issues: (1) Whether there is any regulation or law preventing IXCs from refusing to use certain access services. (2) If not, what steps IXCs must take to avoid ordering access service or canceling service after it has been ordered. Replies are due March 2. Court has stayed remaining issues in case, pending FCC ruling, until July 19.

Look for new FCC Chmn. Powell to act fairly early in his tenure to institute measures to improve Commission’s operations, his senior adviser Peter Tenhula said Thurs. at ComNet’s annual “Town Meeting” panel moderated by attorney Richard Wiley. Asked by Wiley what regulatory initiatives Powell would undertake first, Tenhula said question was hard to answer because Powell’s first priority may be to improve agency’s operations. He said some 80% of FCC’s agenda is “reactive instead of proactive,” such as responding to petitions for rulemaking or acts of Congress, and Powell thinks agency “should be prepared to act on those quickly and efficiently.” Nearly everyone who came in to see Powell and his staff in his first week complained about “process,” such as delays in getting action or items becoming “stuck” in pipeline, Tenhula said.

While countries such as Japan and Mexico are starting to remove obstacles to competition, serious problems persist, telecom companies and equipment makers told U.S. Trade Representative’s (USTR) office. USTR sought comments in Jan. as part of annual review on effectiveness of U.S. trade agreements involving telecom products and services, including World Trade Organization’s (WTO) basic telecom agreement. Commenters also pointed frequently to competition hurdles in European Union (EU) member states, urging U.S. in some cases to seek stricter implementation of existing EU directives. Concerns raised by telecom companies, which in part centered on interconnection rates, provide road map of lingering telecom market-opening issues that would face USTR under Bush nominee Robert Zoellick.

FCC’s closely watched C- and F-block auction closed Fri., raising $16.9 billion, of which more than half will be paid by Verizon Wireless. Verizon and designated entities that have ties to Cingular and AT&T Wireless accounted for 83% of net revenue in auction of 422 licenses that started Dec. 12. Verizon filled in spectrum gaps in critical N.Y.C. market. It bid $8.78 billion for 113 licenses, nearly $4.1 billion of that for two 10 MHz licenses in N.Y. Revenue from auction surpassed lower end analyst expectations of $11 billion and surpassed record of $9.6 billion raised in 1996 C-block auction. Industry observers said Fri. they expected some large carriers’ financial arrangements with designated entities would draw challenges after bidders filed more detailed information with FCC on ownership structures. More broadly, several sources said they expected close of auction to refocus attention on wireless spectrum cap.

E-rate supporters are preparing concerted opposition to provision in President Bush’s education reform package that would roll e-rate into larger technology plan and potentially alter its funding structure. Program to subsidize school and library Internet connections currently is funded at $2.4 billion annually through surcharges on long distance bills, called “Gore tax” by its detractors since former Vice President pushed hard for its inclusion in Telecom Act and for program to be funded at high level by FCC. Moving program into Education Dept. and requiring annual appropriations “would be a major step backwards, and I will fight it aggressively,” Sen. Rockefeller (D-W.Va.) said. “It would utterly change the program,” said spokesman for Sen. Snowe (R-Me.).