Requiring opt-in customer consent before a carrier shares information with outsiders doesn’t violate carriers’ First Amendment rights or the Administrative Procedure Act, the U.S. Court of Appeals, District of Columbia Circuit, ruled Friday. It rejected the NCTA’s challenge to a 2007 FCC order on customer proprietary network information. “There is nothing” to the NCTA’s argument that “the administrative record does not support the Commission’s Order,” the court said. Judge Raymond Randolph wrote the decision, which was supported by Judith Rogers and David Tatel.
The economy, wireless consumer standards, universal service and FCC reform lead the agenda for NARUC committee meetings next week in Washington, D.C. A panel on broadband stimulus will feature Verizon Executive Vice President Tom Tauke. Other panels will feature congressional staffers, state regulators and executives. Former FCC Commissioner Deborah Tate will be among panelists on FCC reform. The Feb. 15-18 meeting will be at the Renaissance Washington Hotel.
Two days after activating it, the FCC turned off the Disaster Information Reporting System for Kentucky ice storms (CD Feb 3 p5). DIRS is a voluntary, Web-based system that communications providers can use to report infrastructure status and situational awareness information during crises. “Yesterday’s DIRS reports showed that substantial progress has been made in restoring critical communications networks systems in Kentucky,” an FCC spokesman said. “As a result, DIRS is no longer necessary to support federal response efforts locally.” The commission continues to monitor the situation, and has been in contact with area 911 call centers about possible communications problems, he said.
Commissioner Robert McDowell’s “geeky FCC reform wish list” includes enhanced communication, administrative audits and agency restructuring, the Republican said at a lunch Monday hosted by the Federal Communications Bar Association. He gave more details on ideas pitched in a letter sent last week to Acting Chairman Michael Copps (CD Jan 28 p1). Copps and Commissioner Jonathan Adelstein also attended the event, but didn’t comment on their colleague’s suggestions. The three have agreed to boost FCC staff morale, promote transparency, encourage meaningful public comment and create “a more informed, collaborative and considerate decision- making process,” McDowell said.
Qwest cut off SkyWi services to users in Santa Fe, Las Cruces and Artesia, N.M., Wednesday, in what Qwest called an “inadvertent” violation of two decrees by the state Public Regulatory Commission. On Dec. 31, the commission told Qwest to restore SkyWi service that the carrier had cut off the day before, and to suspend any disconnections until a federal court rules on a SkyWi injunction request. A decision on the request, part of a SkyWi antitrust suit against Qwest, is set for Feb. 11, SkyWi said. Qwest also signed a commission stipulation agreeing it would give 10 days’ notice of intent to cut off SkyWi customers (CD Jan 24 p11).
The FCC should expand Interstate Telecom Relay Service fund support to include TRS calls involving multiple communications assistants, interpreters and technologies, said AT&T, Sprint Nextel, Sorenson Communications, GoAmerica and five other TRS providers. In a Wednesday petition for declaratory ruling, the companies said federal funding for that kind of call is needed to meet Congress’ functional equivalency goals. But the petition may have to overcome concerns on Capitol Hill that the TRS fund is already too large.
Commissioner Robert McDowell said there’s a continuing threat of a return of the Fairness Doctrine, which could be revived in legislation under a different name or perhaps in a pending FCC rulemaking. Speaking at a Media Institute lunch Wednesday, the commission’s only Republican acknowledged that legislators haven’t formally moved to reinstate the rule requiring broadcasters to cover opposing sides of some controversial issues. But he said recent remarks by members of Congress in support of the doctrine, dropped by the commission in 1987, could bear fruit and would let government stifle political views.
FCC Commissioner Robert McDowell, the FCC’s lone Republican, weighed in Tuesday with additional recommendations for FCC reform, starting with a “thorough operational, financial and ethics audit” of the agency. McDowell acknowledged, as interim Chairman Michael Copps and Commissioner Jonathan Adelstein did Monday, the need for basic change now that former Chairman Kevin Martin has left the commission.
FCC Commissioner Jonathan Adelstein and a group of academics, most with ties to the Obama administration, laid out a proposed revamp of wireline and wireless broadband policy Monday at a New America Foundation conference. All argued that fundamental change is needed from the policies of the Bush administration.
The House Commerce Committee approved by voice vote Thursday a provision to create a $2.825 billion NTIA grant program for wireless projects including broadband. The broadband grant program is a small part of $54 billion slotted for programs under Commerce jurisdiction. The larger bill includes a section on health information technology that was scheduled for markup late Thursday. The Commerce provisions, which would provide funding for NTIA to maintain a nationwide database of providers by location, will be wrapped into the fast-moving, $850 billion House economic recovery package.