The FCC should have given notice of a rare closed-door meeting of commissioners, even if not required to do so, said administrative law professors and media activists. The Oct. 10 meeting on digital TV outreach (CD Oct 15 p1) seems to have obeyed the Sunshine Act, said those people, as did former commissioners and former aides in the agency general counsel’s office. Members discussed no pending regulatory items, so as far as the law is concerned the event wasn’t an open meeting, all agreed. Views differ on whether the FCC should have given public notice of the meeting.
With the proper revisions, major cable and wireless associations said, they would back FCC Chairman Kevin Martin’s plan to overhaul the Universal Service Fund and intercarrier compensation. Meanwhile, Qwest, congressmen and consumer advocates took sides. The FCC plans to vote Nov. 4 on the Martin plan. Sunshine was to have gone into effect Tuesday (CD Oct 28 p2).
FCC and Agriculture Department officials are promoting a $1.5 billion federal loan and grant program for telecom infrastructure, broadband and distance learning projects in rural communities. The funding comes from money provided in the resolution that funds the government through March 6 that Congress passed in September. The FCC and USDA began in February promoting the programs, which had similar funding in FY 2008, starting with a joint Web site and four workshops planned throughout the country, the last set for Nov. 20 in Phoenix.
A federal court in Pennsylvania granted formal intervenor status to four competitive telecom carriers whose interests stand to be affected by a Verizon challenge to a Pennsylvania Public Utilities Commission ruling granting competitors access to high-speed unbundled loops. The U.S. District Court, Philadelphia, in Case 08-CV-3436 ruled that the PUC didn’t really represent the interests of XO Communications, Penn Telecom, One Communications and Broadview Networks. It said the litigation’s outcome will have a direct effect on their ability to access the loops at issue, adding that their interest in loop access is distinct from the PUC’s interests in defending its decision.
The South Carolina Department of Corrections scheduled a demonstration of cellphone jamming technology at a prison Nov. 21, in defiance of federal law. A spokesman for the department said it has “contacted” FCC representatives, the state’s congressional delegation, state legislators, businesses and others interested to invite them to the event at the Leiber Correctional Institution in Ridgeville. Meanwhile, a Texas member of Congress asked the FCC to act against contraband cellphone use in state prisons by authorizing jamming.
The Texas Public Utility Commission called for legal briefs by Oct. 31 and replies by Nov. 7 on whether it has jurisdiction to arbitrate interconnection disputes between competitive E-911 provider Intrado Communications and Verizon. The PUC (Case 36185) wants the companies and other parties to address whether it has legal authority to decide: (1) If emergency services are local exchange services under section 251 of the Telecom Act. (2) If under federal law Verizon must provide interconnection solely for emergency service traffic. (3) If it can allow Intrado to interconnect with Verizon in a manner different from regular competitive carriers.
GENEVA - Countries have geared up for negotiations on a range of telecom and Internet issues at the quadrennial World Telecommunication Standardization Assembly in Johannesburg, South Africa. Key topics during the Oct. 21-30 assembly include strengthening resolve to bridge the standardization gap (CD Oct 17 p6), possible new work on communications technology and climate change, accessibility and ways to identify new areas for standardization.
CTIA and PCIA asked the Office of Management and Budget to reject the backup power requirements for cell sites in the FCC’s Hurricane Katrina order as not justifying the costs and as inconsistent with the Paperwork Reduction Act. The rule has been on hold as OMB completes its evaluation. It’s also the subject of a court challenge by wireless carriers. Carriers and tower companies would have to install batteries at 220,000 sites if the rule takes effect and survives the federal court appeal.
The Red Flags data protection rule was based on good faith compliance, but telecom companies should prepare for the Nov. 1 compliance deadline, said a Federal Trade Commission attorney. The rule, issued by the FTC and federal banking regulators, gives financial institutions and creditors until Nov. 1 to implement prevention programs. It applies to most phone operators providing service in advance of payment, said lawyers. Data quality and governance is key, security experts said. But further interpretation and attention are needed, analysts said.
ORLANDO -- The telecom industry still is divided on how to revamp intercarrier compensation, indicated speakers at a CompTel panel on the topic. The FCC appears to be teeing up the topic for a Nov. 4 vote. But in a late Monday panel, officials from AT&T, XO Communications the VON Coalition and the National Association of State Utility Consumer Advocates disagreed not only on overhaul proposals, but on whether the current system even needs fixing.