New FCC ex parte rules were violated at least 11 times since taking effect June 1, a Communications Daily review of all filings and the agency’s own checks found. Some filings were made late -- from a day in many instances to a few weeks -- and others didn’t contain enough information on what was discussed during lobbying meetings. The filings were made by companies and associations big and small. They covered proceedings ranging from changing the Universal Service Fund to pay for broadband deployment to retransmission consent, ISP speeds, disabilities access legislation passed in 2010 and getting low-power TV stations to fully vacate the 700 MHz band for wireless broadband in the small portion they occupy.
House Commerce Committee Republicans questioned FCC transparency during the agency’s Universal Service Fund proceeding. “Given the keen interest of Congress in seeing the FCC’s internal procedures subjected to public scrutiny, we are particularly concerned with the Commission’s recent conduct with respect to the universal service item adopted at the Commission’s October open agenda meeting,” Chairman Fred Upton, R-Mich., and Communications Subcommittee Chairman Greg Walden, R-Ore., wrote in a Monday letter to Chairman Julius Genachowski. The chairmen complained of another last-minute “data dump” by the commission. Also, the agency’s “practice of negotiating up to, and sometimes after, the Commission’s open agenda meeting appears to have reached an apex in the universal service proceeding,” they said. The Republicans asked Genachowski to say what changes were made to the USF order between the time it was considered and adopted. Meanwhile, the FCC sought comment Tuesday on additional ways to improve “transparency and efficiency” in Commission proceedings. “In particular, we seek comment on whether we should require commenters to file materials they cite in pleadings submitted in rulemaking proceedings, so that those materials are more easily accessible to all interested parties,” the FCC said. Comments are due 30 days after the notice’s publication in the Federal Register. Replies are due 45 days after publication. The House Commerce Committee marks up FCC process reform legislation Wednesday. Committee Democrats continued to oppose Walden’s HR-3309 in a memo that circulated late Monday.
The NAB wants some FCC rules adopted 11 years ago kept, while the Minority Media and Telecom Council wants others changed. That’s according to filings posted this week in docket 11-72, on an Aug. 2 public notice where the Office of Communications Business Opportunities asked about rules adopted in 2000 with a “significant economic impact on a substantial number of small entities.” NAB wants kept as-is standards and complaint procedures about whether TV stations and multichannel video programming distributors negotiated retransmission consent deals in good faith, and technical and operational rules on stations’ MVPD carriage. “There is a continuing need for each of these rules in their current form, and the rules already are tailored in a manner that minimizes economic impact on small entities,” the association said (http://xrl.us/bmjr98). “Numerous factors support retention of the FCC’s good faith negotiation requirements. First, these rules implement an act of Congress, and do not in any way overlap, duplicate, or conflict with other federal, state or local rules.” MMTC wants the agency to use the review to deregulate local radio programming rules. “The Commission has relied on Section 307(b) to inquire into the likelihood of local programming by move-in applicants,” the group said (http://xrl.us/bmjs6f). “The Commission should relax this antiquated and unnecessary policy that is an obstacle to competition and diversity. An overhaul of this policy would improve the general state of broadcasting, ease the path of entry for minorities, and remedy many of the present effects of past discriminatory policies directed against minorities."
FCC Chairman Julius Genachowski and key FCC staff still have not decided whether to allow AT&T to withdraw its application to buy T-Mobile (CD Nov 28 p1), agency and industry officials said Monday. Genachowski would like to make the staff memo on the deal public, regardless of whether the application is allowed be withdrawn “without prejudice,” officials said. If the staff report is released, it could become part of an upcoming trial of the government’s case against the deal in U.S. District Court in Washington. Commissioners have yet to approve through electronic voting either an order sending the application to an administrative law judge for hearing or an order Genachowski circulated the same day approving AT&T’s buy of 700 MHz spectrum from Qualcomm (CD Nov 23 p1), officials said.
Nov. 28 National Public Safety Telecom Council conference call meeting, 1 p.m. ET -- 855-738-3725
Forcing ISPs to monitor all e-communications on their network to prevent digital piracy would seriously infringe their freedom to conduct their business and may also breach customers’ civil rights, the European Court of Justice said in a closely watched opinion November 24. National authorities and courts must strike a fair balance between protecting intellectual property rights and operators’ businesses, something the Belgian court order against ISP Scarlet failed to do, the court said. The decision will dramatically affect the national and European debate on online copyright infringement, said telecom/Internet independent advisor Innocenzo Genna.
A proposed decision by the FCC to send AT&T’s buy of T-Mobile to an administrative law judge is expected to put more pressure on AT&T to reach a settlement with the government, industry and government officials tell us. AT&T officials have a meeting set up with the Department of Justice Monday to discuss a possible settlement (CD Nov 23 p1). A meeting that had been scheduled for Monday of this week was cancelled at the last minute.
Rep. Tim Griffin, R-Ark., sought to ban Lifeline support for wireless services under the Universal Service Fund. His HR-3481, introduced last week, would kill funding for mobile for the program aimed at low-income households in one sentence: “A provider of commercial mobile service may not receive universal service support under sections 214(e) and 254 of the Communications Act of 1934 … for the provision of such service through the Lifeline program of the Federal Communications Commission.” Griffin is a freshman who serves on the House Judiciary Subcommittee on the Internet. The bill was referred to the Commerce Committee. The FCC declined to comment. “I have heard from numerous Arkansans who have shared stories of dead relatives receiving free cell phones in the mail, individuals abusing the system by obtaining numerous free cell phones and recently I saw a electronic kiosk in a convenience store promoting free cell phones, all through a government run and taxpayer funded program called Lifeline,” Griffin said. “My bill returns the Lifeline program back to its original structure by ending federal subsidies for free cell phone services. This costly government cell phone program is costing American consumers, and my bill puts an end to it."
The FCC will take on the contribution side of Universal Service Fund reform early next year, with an order likely by mid-year, FCC Commissioner Robert McDowell predicted Monday during a question and answer session at an Federal Communications Bar Association lunch. McDowell said he has a commitment from Chairman Julius Genachowski to move forward quickly following the commission’s approval last month of an order reforming the distribution side of the USF (CD Oct 28 p1). “The chairman and I have talked,” he said. “Certainly, we have to do something."
Nov. 21 FCBA luncheon with FCC Commissioner Robert McDowell, noon, Renaissance Mayflower Hotel -- www.fcba.org