Asked what they would do to increase broadband deployment, a panel of attorneys Tues. offered a panoply of ideas, ranging from tax incentives to better consumer education to more reliance on powerline communications. Some panelists at a symposium sponsored by Catholic U.’s law school Tues. also recommended more dependence on the marketplace and less on regulation, although others said regulators better be sure that marketplace remains open to competition.
The FCC decision not to act on a Verizon forbearance petition seeking regulatory relief regarding charges to business customers for high-speed data was a win for Verizon -- but how big remains unclear, analysts said Tues. The exact relief provided by the FCC is uncertain because the Commission has released statements and a news release, but no order yet, analysts said.
The FCC lifted through inaction regulatory controls on broadband data services Verizon sells business customers. Chmn. Martin chose not to release a notice of proposed rulemaking or seek any votes on a Dec. 2004 Verizon forbearance petition. The FCC was split 2-2 on whether to grant Verizon the relief it sought, with the Democrats prepared to dissent, source said. Because the FCC didn’t act, Verizon effectively gets the regulatory relief it sought. The FCC had until midnight Sun. to block or modify Verizon’s request.
Comcast and Time Warner haven’t made public critical information on the Adelphia deal that’s under FCC review, said media activists concerned about the transaction. Some of the firms, seeking approval for the $17.6 billion cable system purchase, failed to file ex parte documents that said they're in no hurry for the Commission to conclude its review, according to the Media Access Project (MAP). FCC Gen. Counsel Samuel Feder was asked to “conduct an inquiry into possible violations,” said a letter to him from Harold Feld, the group’s senior vp, and Pres. Andrew Schwartzman. It cited comments by Chmn. Martin that suggested “he had been asked to defer action on the Adelphia matter at the request of certain of the parties.” The comments at Martin’s first news briefing were in response to a question on the status of the Adelphia deal (CD March 20 p2).
Cable, broadcasters and consumer electronics firms must do more to educate consumers about DTV, with less than 3 years before analog sets go dark, said FCC Comr. Adelstein. The FCC must play a role in the effort by working with the NTIA, he told consumer electronics executives at a CEA conference Wed. in D.C. The Commission has the authority to lead a campaign, Adelstein said: “We just need to do it.” The FCC has budgeted about $500,000 for such efforts; NTIA, $5 million (CD Feb 3 p6). “There’s a critical need for the Commission and NTIA to work together,” he said.
Scripps Howard told the FCC it should dismiss EchoStar’s opposition to broadcaster requests for federal exemption from DTV signal testing requirements. EchoStar didn’t serve a copy of its opposition to the 30-plus stations whose waivers it opposed (CD Jan 11 p6) or their lawyers, Scripps Howard told the FCC. EchoStar fired back with a letter for the DTV strength testing docket last week saying it followed the Commission’s filing instructions, but that it will now send copies of its opposition to all of the stations it challenged, just in case. EchoStar and DirecTV opposed a majority of the 70 stations that asked the FCC for testing exemptions because their signals may not be strong enough to pass the test. EchoStar opposed stations seeking waivers because of difficulties with international coordination, transmission tower construction permits and side-mounted antennas. EchoStar and broadcasters are now tangling on whose burden it is to prove the need for a waiver. Scripps Howard told the FCC EchoStar’s opposition is off the mark. “Congress simply could not have intended, as EchoStar insists, that a waiver seeker has the burden to prove that there is no other means possible -- irrespective of cost -- to deliver maximized DTV service,” Scripps Howard argued. EchoStar disagreed and said, citing the Jan. 11 Communications Daily report, it’s “concerned that the FCC might be misreading the statute and inappropriately shifting the burden from the broadcast licensee to the waiver opponent.” The statute says the burden is on the network station to establish, on “clear and convincing evidence,” that its digital signal coverage is limited due to the “unremediable presence” of one or more statutory grounds for a waiver, EchoStar argued. The FCC must complete its review of the waivers by April 30 for stations in the top U.S. TV markets to grant DBS customer requests for DTV testing (CD Jan 11 p6). EchoStar has squared off repeatedly with broadcasters on DTV signal testing methods, which decide, in part, satellite TV subscribers’ eligibility for distant network signals. EchoStar pushed for the FCC to adopt a different testing model, fighting the NAB on the issue (CD Aug 29 p2). The Commission told Congress in a Dec. report that no major overhaul of signal testing procedures is necessary for the DTV transition (CD Dec 12 p9), but that rulemaking should set methods for measuring DTV signal strength. Changes will be needed to address variances between analog and DTV signals, the FCC said, but testing procedures should be generally similar to procedures now used to measure analog TV station signals.
An omnibus telecom bill the Senate Commerce Committee is drafting will include a “white space” provision to encourage broadband deployment, Committee Chmn. Stevens (R-Alaska) said Tues. “Tweaking” would bridge differences between his bill (S-2332), which would enable TV white spaces to be used by unlicensed devices, and another (S-2327) introduced by Sen. Allen (R-Va.), he said. Stevens expects to move to a markup of the overall bill now that 16 of 17 planned telecom hearings have been completed, he said.
Emergency number representatives will storm the Hill today (Wed.) at the behest of the National Emergency Number Assn. (NENA) and several legislative and regulatory players who spoke at its conference. Timed to coincide with a report on the group’s E-911 program, the convention Tues. focused on how public safety access points (PSAPs) can grab funding and attention from D.C. policymakers. Several Hill staffers urged PSAP representatives to support pending legislation in both houses that would resolve liability issues for VoIP providers.
What some perceive as a trend toward FCC officials speaking at closed-door events “violates the spirit of open government, if not the letter of the law,” said Paul McMasters, First Amendment ombudsman for the Freedom Forum’s First Amendment Center. In response to questions, he and other FCC officials and open meeting activists said speaking at closed-door events probably doesn’t violate sunshine or open meeting rules, or even SEC regulations, but the public was better served by previous FCC administrations who refused to speak at closed events.
Identities of high bidders in June’s advanced wireless services (AWS) auction would be secret until the sale ends, under rules apparently headed for FCC approval. Sources said despite wireless carriers’ opposition, the Wireless Bureau seems inclined for the first time to embrace nondisclosure provisions. The proposal got backing this week from the FTC’s Bureau of Economics.