The FCC opened an inquiry Wed., asking for comments on whether providing broadband communications services over power lines could cause interference and how to best measure emissions. Commissioners said the technology could offer consumers a 3rd way to obtain broadband service, in addition to DSL and cable modems, although it still was in the experimental stage.
WorldCom asked the FCC Wireless Bureau to rule that SkyTel and its other wireless affiliates were eligible to participate in Commission auctions. In dispute is whether SkyTel qualifies to compete in a May 13 paging band auction amid questions over the default status of 2 Multipoint Distribution Services (MDS) licenses held by Wireless One, another WorldCom affiliate. FCC rules stipulate bidders are eligible to take part in an auction only if they have satisfied outstanding installment payment defaults.
A wireless industry challenge to the FCC’s retention of local number portability (LNP) faced tough questions Tues. from the U.S. Appeals Court, D.C. Attorneys for both sides sparred over the meaning of “necessary” as viewed by the agency in its rejection of forbearance on wireless LNP, which takes effect Nov. 24.
The Australian govt. unveiled Tues. a report that sets out extensive recommendations for the future of the country’s information & communications technology (ICT) industry. “Enabling Australia’s Future” was commissioned by the federal govt. to serve as the framework for policy decisions on ICT, the Dept. of Communications, Information technology and the Arts said. Recommendations include: (1) Commonwealth, State and Territory govts. jointly should articulate ICT goals and craft strategies to harness ICT for broad national objectives such as security and education. (2) R&D funding should be beefed up. (3) The govt. should give “close consideration” to recommendations of a regional telecom inquiry, including those related to access to high-speed data services in regional Australia. (4) The govt.’s review of digital agenda legislation should examine the balance of rights between creators and users in a digital environment and ensure that the country’s copyright regime didn’t hamper innovation and investment.
FCC Chmn. Powell emphasized to members of Congress Tues. that he didn’t plan to delay the June 2 completion of the FCC’s media ownership review. He used a 3-page letter to reply to nearly a month’s worth of letters from Capitol Hill -- some of which asked Powell to expedite the proceedings while others sought a delay.
The Parents TV Council (PTC) is urging parents to sign a complaint it’s sending to the FCC, saying its $27,500 fine against Infinity Bcstg. for an indecent broadcast on WKRK(FM) Detroit was nothing more than a slap on the wrist. “Broadcasters keep putting totally disgusting obscenity on the airwaves and the Federal Communications Commission (FCC) does nothing!” PTC said in an alert sent to its members. The group is demanding tougher enforcement. PTC said the fine was “pocket change to Infinity, which has coughed up over $1.5 million in previous indecency fines -- not surprising, since Infinity is the radio home of the vile Howard Stern program.” A lawyer for Infinity said the company would have a response in a few weeks.
The American Cable Assn. (ACA) is afraid the merger between News Corp. and DirecTV will give the new company too much power over small cable operators that compete with satellite. ACA Pres. Matthew Polka asked for strict federal oversight of the deal. “Given the enormous vertical integration of Fox/News Corp. and DirecTV, the Federal Communications Commission, Congress and the Department of Justice must be actively involved to ensure that this vertical integration is not abused in any way,” he said. The ACA said federal agencies should focus on retransmission consent practices, consumer information about programming costs and possibilities of tiering and a la carte pricing, tying and bundling practices, ensuring regulatory parity between cable and satellite and extending program access laws and regulations to prevent self-dealing. Polka said News Corp. in the past had used tying and bundling of its services and had raised its rates in excess of inflation. The ACA asked the FCC to investigate the company’s retransmission consent practices, report them to Congress and provide protection through access regulations, retransmission consent regulations and other means.
The FCC plans to begin “systematically” evaluating scientific findings on the impact of communications towers on migratory birds, but that doesn’t necessarily mean rule changes are on the way, said Bryan Tramont, senior legal adviser to FCC Chmn. Powell. Speaking at a Wed. PCIA seminar, he said the Commission “in the near future” would seek input on scientific evidence, but: “We believe it would be premature to jump into something at the moment that would drastically change the regime because we just don’t think there’s enough information out there.” In related areas, Tramont said the FCC was nearing release for public comment of a nationwide agreement on streamlining tower siting decisions, and might hire a staff biologist to examine communications issues.
The FCC’s handling of the recent UNE decision may require Congress to step in and force the agency to follow more standardized operational procedures, Rep. Bachus (R- Ala.) said in a floor statement. The Commission causes “needless regulatory uncertainty” by issuing orders that go back and forth to the courts, he said. The agency was close to meeting the U.S. Appeals Court’s remand on UNEs when 3 commissioners “at the last minute decided to break away,” adding to that problem, Bachus said. Saying that the new plan would spread decisionmaking to regulators in every state, Bachus said “the only winners of this particular approach are likely to be the members of the Federal Communications Bar Assn.” He suggested that Congress might have to address this problem “in connection with proposals to reform the overall FCC process and to require the agency to follow standard quasi-judicial rules and procedures -- not individual Commissioners’ latest whimsy or caprice.”
State legislatures this year have taken up many bills that will affect state commission operations, administration and jurisdiction, ranging from agency restructuring and public campaign financing to universal service and consumer advocacy, including proposals to turn the Cal. PUC and Utah PSC from appointed to elected bodies, restructure the Ark. PSC and reform the commissioner selection process in S.C.