U.S. Trade Representative (USTR)

The timeframe for implementation of an export arm to the Customs-Trade Partnership Against Terrorism (C-TPAT) has yet to be decided, as CBP continues work to figure out related incentives and security criteria, agency officials and business leaders said. The export inclusion will likely begin as a pilot program and ultimately seeks to provide increased commercial opportunities for U.S. companies, said CBP. The agency is now developing a framework to incorporate an export component to the voluntary trusted trader C-TPAT program (see 13082223).

The Commerce Spectrum Management Advisory Committee approved the final three working group reports on spectrum sharing in the 1755-1850 MHz band, at a meeting Wednesday at NTIA headquarters. Unable to complete its work on the reports at its July meeting, CSMAC scheduled a special meeting for August (CD July 25 p1). There was some contention at that meeting as more than half the CSMAC now endorses an industry statement critical of several of the working group reports.

NARUC’s Federalism Task Force released the final draft report on cooperative federalism and telecom (http://bit.ly/17d1bBZ). The report, based on “listening sessions” and written comments from a range of parties, will guide NARUC’s members on interaction with state and federal legislators as well as agencies for communications policy, it said Monday. NARUC backs joint boards between the FCC and the states for “collectively seeking, developing and implementing communications policy recommendations.” The report urges the FCC to determine the regulatory status of VoIP and other Internet Protocol-enabled services. The states should continue to maintain the primary and immediate responsibility for end-user consumer protection and for ensuring service reliability, safety and service quality under state laws, the report said. Interconnection is “necessary to ensure ubiquitous service and enhance competition among providers,” said the report, and should be required for all providers regardless of the technology they use. The states are also “well positioned to work with all stakeholders” to ensure there’s “robust competition” and customer choice across their specific jurisdictions, the report said. It calls for the states, FCC and service providers to work together to ensure that all customers can access emergency services and call-completion problems. States need to work with the FCC through the Federal-State Joint Board on Universal Service to ensure that service providers continue to meet the social policy goals through providing access to services such as Lifeline, Telecommunications Relay Service and carrier of last resort obligations as permitted by state law, said the report. CompTel said it was “particularly encouraged” by the task force’s recognition of the states’ role in arbitrating interconnection agreements. The association also is pleased that the report encourages states to monitor the status of competition, “as this is critical in evaluating the effect of the FCC’s last mile policies and the need for modernizing them in order to enable a wholesale market that ensures and further enhances competition,” said Angie Kronenberg, CompTel general counsel, in an email. While the report is final, the task force will review any comments it receives, National Regulatory Research Institute Principal Telecom Researcher Sherry Lichtenberg, a task force member, told us. The task force will present a resolution to accept the report at NARUC’s November meeting. If the measure passes, the report will become NARUC policy.

NARUC’s Federalism Task Force released the final draft report on cooperative federalism and telecom (http://bit.ly/17d1bBZ). The report, based on “listening sessions” and written comments from a range of parties, will guide NARUC’s members on interaction with state and federal legislators as well as agencies for communications policy, it said Monday. NARUC backs joint boards between the FCC and the states for “collectively seeking, developing and implementing communications policy recommendations.” The report urges the FCC to determine the regulatory status of VoIP and other Internet Protocol-enabled services. The states should continue to maintain the primary and immediate responsibility for end-user consumer protection and for ensuring service reliability, safety and service quality under state laws, the report said. Interconnection is “necessary to ensure ubiquitous service and enhance competition among providers,” said the report, and should be required for all providers regardless of the technology they use. The states are also “well positioned to work with all stakeholders” to ensure there’s “robust competition” and customer choice across their specific jurisdictions, the report said. It calls for the states, FCC and service providers to work together to ensure that all customers can access emergency services and call-completion problems. States need to work with the FCC through the Federal-State Joint Board on Universal Service to ensure that service providers continue to meet the social policy goals through providing access to services such as Lifeline, Telecommunications Relay Service and carrier of last resort obligations as permitted by state law, said the report. CompTel said it was “particularly encouraged” by the task force’s recognition of the states’ role in arbitrating interconnection agreements. The association also is pleased that the report encourages states to monitor the status of competition, “as this is critical in evaluating the effect of the FCC’s last mile policies and the need for modernizing them in order to enable a wholesale market that ensures and further enhances competition,” said Angie Kronenberg, CompTel general counsel, in an email. While the report is final, the task force will review any comments it receives, National Regulatory Research Institute Principal Telecom Researcher Sherry Lichtenberg, a task force member, told us. The task force will present a resolution to accept the report at NARUC’s November meeting. If the measure passes, the report will become NARUC policy.

CTIA cited support from wireless carriers and the National Emergency Number Association in arguing that the FCC should alter the roaming requirement embedded in the commission’s May 17 text-to-911 order. CTIA responded directly to the Association of Public-Safety Communications Officials, which said earlier this month the requirement should stand as written (CD Aug 19 p4). The order requires all carriers and interconnected text messaging providers to send an automatic bounceback text message to consumers where text-to-911 service is not available, starting Sept. 30.

U.S. Chamber of Commerce CEO Thomas Donohue cautioned against sacrificing market access gains in exchange for a quick end to negotiations. The Office of the U.S. Trade Representative (USTR) has repeatedly pressed for negotiations to end by the end of 2013 (see 13080714). “A successful TPP must get rid of tariffs; eliminate discriminatory regulations and standards; protect intellectual property to support innovation and growth; cultivate the digital economy; bind state-owned enterprises to a standard of fair competition; and combat trade and investment protectionism,” said Donohue in the statement (here).

The FCC must act swiftly in its pending rulemaking on call completion issues, the National Exchange Carrier Association, Western Telecommunications Alliance and NTCA told FCC officials Tuesday, an ex parte filing said (http://bit.ly/176G8xd). The groups urged enforcement action against carriers that fail to connect calls to rural consumers. The groups cited “troubling and life-threatening examples of call failure, including a surgeon who did not receive a call that was needed to perform emergency surgery.” The groups pushed for adoption of record retention rules and safe harbors after four quarters of comparable call completion performance between a carrier’s rural and non-rural areas.

The National Emergency Number Association isn’t opposing a CTIA request that the FCC reconsider one part of its May 17 text-to-911 order and drop a requirement that even roaming subscribers get bounceback messages when they can’t text to 911. The Association of Public-Safety Communications Officials strongly opposed CTIA in comments filed last week at the commission (CD Aug 19 p4). NENA didn’t file comments in response to CTIA, but NENA Regulatory Counsel Telford Forgety explained NENA’s position in a meeting with Public Safety Bureau Deputy Chief David Furth (http://bit.ly/19LUcll). Forgety said NENA “does not oppose the petition of CTIA,” according to the ex parte filing. NENA is “convinced the long-term safety and security of the public requires a ubiquitous Text-to-911 solution that works across networks, regardless of whether a subscriber is attached to a home or roaming network,” Forgety said. “However, I also explained that CTIA’s position with respect to the limited question of which party should be responsible for delivering a bounce-back message is consistent with the understanding of the public safety community.”

As the fight continues over Verizon’s plan to rebuild its network on Fire Island destroyed during Superstorm Sandy using wireless infrastructure, one big question that arises is what’s wrong with wireless anyway as an alternative to the plain old telephone service. With small carriers across the U.S. deploying wireless-only systems and larger carriers making wireless a big part of their IP transition plans, some industry observers are asking if the FCC needs to change its regulatory worldview of wireless substitution. Last week, the FCC Wireline Bureau opted not to “automatically” grant Verizon’s Communications Act Section 214 petition (CD Aug 15 p1) to discontinue domestic phone services, but to instead request additional data from Verizon.

A U.S. Trans-Pacific Partnership proposal for language specifically targeting tobacco as a justification for trade restrictions that protect human health faces opposition from 16 business and agriculture associations, according to a press release from the Emergency Committee for American Trade (ECAT). The U.S. is advocating the "product-specific reference" for tobacco and tobacco products in TPP language on application of the General Exceptions article of the General Agreement on Tariffs and Trade (Article XX(b) of GATT).