President Barack Obama plans to nominate: Joshua Wright, George Mason University School of Law, as FTC commissioner; Scott Kieff, George Washington University Law School, as International Trade Commission member … Alexander Hoehn-Saric, ex-Commerce Department, hired by FCC Commissioner Jessica Rosenworcel as policy director, responsible for media and technology issues; Holly Saurer, who was interim media adviser to Rosenworcel, returns to Media Bureau … News Corp. promotes Paul Cheesbrough to chief technology officer … Cablevision hires Andrew Ip, ex-Meridian Advisory Group, as vice president-wireless technology and operations … Entercom promotes Michael Doyle to regional president … Discovery Communications promotes Lara Richardson to Discovery Channel senior vice president, marketing-creative … RigNet managed remote communications provider to oil and gas companies hires Brad Alexander, ex-Westlake Securities, as vice president-corporate development, new position … PlayNetwork hires Nicole Rikkinen, ex-Microsoft, as vice president-marketing … WIK-Consult European telecom research firm hires Ilsa Godlovitch, ex-European Competitive Telecommunications Association, as director of new office in Brussels … Lobbyist Registrations: TrellisWare Technologies, Innovative Federal Strategies, effective Sept. 4 … Adobe Systems, Mehlman Vogel Castagnetti, effective Aug. 1.
The FCC’s regulatory fee process is “based on obsolete data” and needs to be updated, the GAO said in a study released Monday (http://xrl.us/bno8c6). On average over the past decade, the commission collected 2 percent more in regulatory fees than it was required to -- about $66 million in excess fees that “cannot be used without congressional action,” the report said. The Communications Act requires the FCC to base its fees on the number of full-time equivalents that perform regulatory tasks in certain bureaus, but the commission based its 2011 regulatory fee assessments on 1998 data, the report found. “After 13 years in a rapidly changing industry, FCC has not validated the extent to which its fees correlate to its workload,” the GAO wrote, finding the agency’s practice is “inconsistent with federal guidance on user fees.” As a result, “companies in some fee categories may be subsidizing companies in others,” the report said. Due to lack of transparency -- specifically, “the limited nature of the information FCC has published on it” -- it’s difficult for the telecom industry and other stakeholders to understand and provide input on fee assessments, GAO said. It recommended the FCC look at the examples of other fee-funded regulatory agencies for guidance, such as the Nuclear Regulatory Commission, Federal Energy Regulatory Commission, and Canadian Radio-television and Telecommunications Commission.
The National Public Safety Telecommunications Council is expected to weigh in strongly in the 4.9 GHz band docket. The NPSTC’s likely to argue that the spectrum should continue to be set aside for public safety and critical infrastructure use, rather than opened to broad commercial use. The band, once set aside for federal operations, was reallocated to public safety a decade ago, but has seen little use so far. In June, the FCC agreed to launch a notice of proposed rulemaking asking further questions (CD June 14 p2). Initial comments are due Oct. 1. NPSTC members discussed how the group should respond.
Carriers already have multiple incentives to make their systems robust in the event of emergencies, and the FCC shouldn’t impose additional regulations, CTIA said in reply comments to a public notice asking about communications following the June 29 derecho wind storm. T-Mobile and MetroPCS offered similar comments. Carriers potentially face new backup power requirements in the wake of the 911 problems encountered in the days following the massive storm, which packed high winds and shut off power to millions (CD July 20 p1). The FCC imposed a requirement once before, later dropping the post-Hurricane Katrina mandate (CD Dec 2/08 p1) before it could take effect. Several jurisdictions in the Mid-Atlantic region expressed continuing 911 concerns.
Only Harris County, Texas, and two other local government groups asked the FCC for special temporary authority (STA) to operate an early public safety network in the 700 MHz band. Charlotte, N.C., which is considered to be among the furthest toward completion of a network, has yet to apply for an STA, FCC officials said Monday. The additional two applications were filed by the San Francisco-based Bay Area Regional Interoperable Communications System Authority (BayRICS) and by Adams County, Colo.
Wisconsin’s “broadband playbook” received both positive and concerned industry feedback Friday, as entities like AT&T, CenturyLink and the Wisconsin Cable Communications Association (WCCA) weighed in on the Aug. 31 commenting deadline. The PSC on Aug. 8 released a draft of the playbook it had developed throughout the spring and summer (CD Aug 24 p6). Federal grant money fuels the PSC’s buildout efforts, which include LinkWISCONSIN and the hiring of state Broadband Director Tithi Chattopadhyay, who started in early August. The playbook outlines broad strategies on leveraging resources, streamlining regulations and creating incentive for investment in Wisconsin. PSC staff will integrate feedback into the draft and then present it to the commission and then the Wisconsin Legislature, Chattopadhyay told us in August.
The Georgia Public Service Commission announced Sept. 10-16 will mark Lifeline Awareness Week, it said Thursday. “The Commission’s focus this year is making consumers aware of new eligibility requirements adopted this year by the Federal Communications Commission,” the PSC said (http://xrl.us/bnnwar). In a statement, Chairman Tim Echols emphasized the way Georgia had sought to instill accountability and prevent fraud.
The U.S. Supreme Court shouldn’t hear an appeal of a decision upholding the FCC’s 2009 wireless zoning shot clock order, the commission argued in a brief to the court Wednesday (http://xrl.us/bnnnk8). The FCC submitted its brief in opposition to motions for writ of certiorari filed after the 5th U.S. Circuit Court of Appeals rejected arguments by Arlington, Texas, that the order was “arbitrary and capricious” and a violation of the Administrative Procedure Act (CD Jan 24 p4). Lacking statutory guidance, the FCC Wireless Bureau had adopted deadlines of 90 days for processing collocation applications, and 150 days for other applications, with the ability to extend the timeframe “by mutual consent” of the carrier and local government.
The Republican party presented its plans for a new era of telecom policy in its recently ratified 2012 platform (http://xrl.us/bnnmv3). The GOP emphasized the need to repeal the FCC’s net neutrality order, protect global Internet freedom, expand rural broadband access, increase the private sector’s access to spectrum, oppose any attempt to reverse the Supreme Court’s decision on political advertising, and reverse the Justice Department’s decision on Internet gambling, in its long list of 2012 priorities.
CenturyLink shouldn’t avoid New Mexico regulations, said multiple speakers on behalf of the New Mexico attorney general and the U.S. Department of Defense. They submitted extensive testimony released this week on CenturyLink’s September 2011 petition before the New Mexico Public Regulation Commission. “The Commission should no longer handicap CenturyLink QC as a competitor in the marketplace,” company Regulatory Operations Director Robert Brigham said in May (http://xrl.us/bnnihz). The petition argues that CenturyLink faces effective competition and should be deregulated.