Companies large and small, public interest groups and trade associations offered a divided FCC very different takes on whether proposed net neutrality rules would stifle or spur competition, in replies in the net neutrality proceeding. The biggest change from the first comment round, in January, is that many filers focused on the Comcast decision and the complicated question of whether the FCC has authority to proceed with new net neutrality rules or first would have to change the way broadband is classified to gain clear authority.
TORONTO -- Canadian government officials are looking at ways to lift limits on foreign telecom and broadcast investment and attract more capital from the U.S. and abroad in response to industry complaints about the country’s restrictions. They're squabbling over how to do so without sacrificing Canadian control of the broadcast, cable, and telecom industries.
Congress remains divided over whether action is needed on net neutrality, said the Congressional Research Service. In a report dated April 14 and released Thursday, CRS said “a major point of contention is the question of whether action is needed to ensure unfettered access to the Internet.” The recent Comcast ruling by the U.S. Court of Appeals for the D.C. Circuit has focused attention on the issue, CRS said. “Some policymakers contend that more specific regulatory guidelines may be necessary to protect the marketplace from potential abuses which could threaten the net neutrality concept,” it said. “Others contend that existing laws and Federal Communications Commission (FCC) policies are sufficient to deal with potential anti-competitive behavior and that additional regulations would have negative effects on the expansion and future development of the Internet.” Legislators have introduced one bill to make net neutrality rules (HR-3458), and two to stop the FCC from doing so (S-1836, HR -3924).
In a surprise, CenturyLink agreed to buy Qwest in a $22.4 billion deal, including a $10.6 billion all-stock transaction and $11.8 billion debt, the companies said Thursday. The deal is expected to close in the first half of 2011. It’s likely to be approved by regulators within a year with attached conditions, such as an obligation to expand broadband access or to provide it at certain prices, analysts said.
The Media Bureau denied a request by Sky Angel that the FCC let it keep carrying some Discovery Communications networks while its program-access complaint is considered. At the center of the complaint is the question of whether Sky Angel, which distributes pay-TV programming online, qualifies as a multichannel video programming distributor under federal rules.
The FCC sought comment on several technical aspects of its rules for marking communications towers, including several changes sought by PCIA. One of the association’s proposals was that commission rules specify that lighting and marking requirements for towers won’t change unless the Federal Aviation Administration recommends new specifications for particular structures. “PCIA believes this language is necessary to clarify that a revised FAA Circular does not impose new obligations upon already-approved antenna structures,” the FCC said in a rulemaking notice. “We also seek comment on whether, in the event the FAA changes its standards, it may instead be preferable for the Commission to have the flexibility to apply any new standards retroactively.” Another change regards the timing of tower inspections. PCIA, CTIA and others asked in 2004 that the commission require annual rather than quarterly inspections. The FCC said it’s considering eliminating the inspection requirements in favor of a simple requirement that if lights become extinguished the structure owner promptly request a notice to airmen (NOTAM). “If these requirements are not met, we may subject the structure owner to enforcement action regardless of the measures it followed to inspect its lighting and monitoring systems; and if these requirements are met, it would be immaterial to us how the structure owner ensured that its lights would remain functioning or NOTAMs would be requested,” the commission said.
Net neutrality advocates pointed to a class-action lawsuit settlement in Sabrina Chin v. RCN Corp. announced this week in which the cable operator agreed to stop manipulating its broadband subscribers’ peer-to-peer file transfers and be more transparent about network management practices. “This is yet another example showing why the Federal Communications Commission needs to be given the authority over Internet access service,” said President Gigi Sohn of Public Knowledge. RCN denies it violated any laws and said it settled to avoid the cost of litigation. The episode will probably find its way into reply comments that net neutrality advocates plan to file with the FCC before Monday’s deadline.
Hypercube Rebuffed by California Judge on Access Charge Claims, Withdraws Related Complaint in Texas
Hypercube Telecom was dealt a setback and set itself back in separate actions in California and Texas. Hypercube, a competitive local exchange carrier, is in a long-running dispute with interexchange carrier Level 3 Communications. In California, a utility commission administrative law judge dismissed a Hypercube claim against Level 3. And Hypercube withdrew a complaint against Level 3 in Texas, where utility commission staff had prepared a recommendation that commissioners there dismiss Hypercube’s complaint.
Motorola said in reply comments there is consensus in comments sought by the FCC Public Safety Bureau on the report of the National Public Safety Telecommunications Council’s Broadband Task Force (BBTF), as well as the response of the Public Safety Spectrum Trust to the report (CD April 8 p8). “Specifically, all of the participating public safety entities, i.e., those that intend to use and operate the wireless broadband networks at issue, endorse the essential framework of the Public Safety Spectrum Trust and National Public Safety Telecommunications Council Broadband Task Force recommendations, including the identification of 3GPP Release 8 (LTE) as the interoperable standard of all public safety wireless broadband networks,” Motorola said. “The Commenters generally agree that these recommendations strike the appropriate balance between flexibility and interoperability.” APCO agreed there was general consensus in the initial comment round. “There must be uniform interoperability standards for all public safety users of the 700 MHz band, whether they are operating on local public safety broadband networks, a national public safety broadband network, or (as the FCC suggests in the National Broadband Plan) roaming on commercial networks,” APCO said in reply comments. “The PSST supports the efforts of the Bureau and the Federal Communications Commission to advance the deployment of mission-critical broadband services to public safety,” the PSST said. “The PSST encourages the Bureau to facilitate life-saving public safety broadband deployment and address the technical aspects of any local or regional systems deployed on the 700 MHz public safety broadband spectrum with these goals in mind."
The FCC won’t undertake Universal Service Fund reform specifically for the non-rural high cost support mechanism, it said in an order. The commission decided it has met its statutory obligation to provide sufficient support, it said late Friday. The FCC also found that “rural rates are reasonably comparable to urban rates if they fall within a reasonable range of the national average urban rate. … The current non-rural high-cost support mechanism comports with requirements of Section 254” in the Communications Act.