Regulators should impose “meaningful conditions” on the purchase of control of NBC Universal by Comcast so they can’t withhold broadcast or cable programming from subscription-TV rivals, 25 consumer and industry groups wrote legislators and President Barack Obama. “A merger of this size and scope will have a devastating impact on the media marketplace. It will result in less competition, higher consumer costs and fewer content choices.”
Spectrum constraints could limit the long-term competitiveness of wireless carriers and the FCC should make more spectrum available, the Department of Justice said in a commission filing Monday. The extent to which wireless broadband will provide a real, competitive alternative to traditional phone companies and cable operators remains uncertain, Justice said, calling developments so far only “mildly encouraging.”
Spectrum constraints could limit the long-term competitiveness of wireless carriers and the FCC should make more spectrum available, the Department of Justice said in a commission filing Monday. The extent to which wireless broadband will provide a real, competitive alternative to traditional phone companies and cable operators remains uncertain, Justice said, calling developments so far only “mildly encouraging.” The filing was the department’s first in the main docket the commission has set up to take comment on the National Broadband Plan and was authored by the Antitrust Division. NTIA also filed at the FCC “on the proper balance between regulation and market forces in the Internet environment,” which it said is informed by the Justice Department letter. “Wireless may be a very attractive alternative for consumers who greatly value mobility and for consumers who do not place much value on the highest speeds (e.g., consumers who do not want advanced services, such as HD video streaming),” the department said. It warned, “we do not yet know … whether wireless broadband offerings will be able to exert a significant degree of competitive constraint on cable modem, DSL or fiber optic-based services.” Emerging 4G services may offer “an alternative sufficient to lead a significant set of customers to elect a wireless rather than wireline broadband service,” the department said. It cited the success of Clearwire, which has begun WiMAX service in about 25 markets, and Verizon Wireless’s commitment to begin offering LTE technology this year. “Within the next several years, however, the limits of wireless broadband will be tested, including the actual delivered speeds, adequacy of in-building coverage, and ability of the networks to accommodate large numbers of users,” Justice said. “In addition, unanswered questions remain as to whether these services will be offered at prices and on terms that make them attractive to wireline users.” Justice also stressed the importance of “transparency” in broadband offerings, so subscribers know what they're getting for their money. “The Commission is uniquely situated to ensure more effective public disclosure of such data and should use its authority to do so,” the filing said. “To the extent is does so, private parties, non-profits, and researchers can creatively use such information to provide not only greater awareness of the options available, but also valuable insights and analyses.” Justice also warned against imposing regulation too quickly even in markets that are not currently competitive. “Although enacting some form of regulation to prevent certain providers from exercising monopoly power may be tempting with regard to such areas, care must be taken to avoid stifling the infrastructure investments needed to expand broadband access,” Justice said. The department said it’s not “especially helpful” for the FCC to develop “some abstract notion” of whether broadband markets are competitive. The filing is signed by Christine Varney, assistant attorney general in charge of the Antitrust Division, Philip Weiser, deputy assistant attorney general and former professor of law and telecommunications at the University of Colorado, Gene Kimmelman, chief counsel for the division and former lobbyist for Consumers Union, and others. NTIA picked up on many of Justice’s arguments in a separate letter to the FCC. “The economics of providing wireline broadband Internet access service suggest that market forces alone may not produce additional entry,” NTIA said. “A key question looking forward is whether emerging ‘fourth generation’ wireless services will have price and performance characteristics that might make them a viable alternative to wireline services for a significant number of customers.” The next few years “will test the limits of wireless broadband, including the adequacy of in-building coverage and the ability of wireless networks to accommodate large numbers of data-intensive users,” NTIA said.
Spectrum constraints could limit the long-term competitiveness of wireless carriers and the FCC should make more spectrum available, the Department of Justice said in a commission filing Monday. The extent to which wireless broadband will provide a real, competitive alternative to traditional phone companies and cable operators remains uncertain, Justice said, calling developments so far only “mildly encouraging.” The filing was the department’s first in the main docket the commission has set up to take comment on the National Broadband Plan and was authored by the Antitrust Division. NTIA also filed at the FCC “on the proper balance between regulation and market forces in the Internet environment,” which it said is informed by the Justice Department letter.
CTIA and PCIA separately asked the FCC to reject an emergency motion for stay of its wireless facility “shot clock” filed Dec. 17 by the National Association of Telecommunications Officers and Advisors and other organizations. Last week, the Wireless Bureau requested comments on the petition, which questions one part of the November shot clock order -- the 30-day review period for local authorities to determine the completeness of a wireless facilities siting request (CD Dec 28 p6). The U.S. Conference of Mayors, the National League of Cities, the National Association of Counties and the American Planning Association joined NATOA in seeking an emergency stay.
The Transportation Security Administration has issued an annual summary of all enforcement actions taken by TSA under the authority granted in the Implementing Recommendations of the 9/11Commission Act of 2007. (D/N TSA-2009-0024, FR Pub 12/28/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-30623.pdf)
Mexico's National Service of Agro Alimentary Health, Safety, and Quality (SENASICA) has informed the U.S. Foreign Agricultural Service that Mexico's Import Inspection Points (OISAS) will be closed from December 31, 2009 at 1:00 p.m until January 3, 2010 at 10:00 p.m. for import database updates. All import documents must be submitted prior to 1:00 p.m. December 31, 2009, but any outstanding import documents not completed before December 31 at 3:00 p.m. must be resubmitted on January 4, 2010. FAS states that this closure will affect all U.S. agricultural exports to Mexico which need a SENASICA import permit, except pets traveling with a tourist. (FAS GAIN report, No. MX9095, dated 12/18/09, available at http://gain.fas.usda.gov/Recent%20GAIN%20Publications/Mexican%20Inspection%20Points%20will%20Close%20from%20Dec.%2031%20to%20Jan.%203%20_Mexico_Mexico_12-18-2009.pdf)
AT&T asked the FCC to set a deadline to move telecom from circuit-switched to IP-based networks. The request came in comments this week on an FCC National Broadband Plan public notice that proposed the release of a notice of inquiry (NOI) on the transition. Small rural carriers cautioned the commission not to move too fast. Meanwhile, competitive carriers fought with Verizon over whether interconnection and traffic exchange requirements under Sections 251 and 252 of the Communications Act apply to IP networks. Wireless carriers said the rules should ensure regulatory parity.
CTIA and CEA, filing jointly, proposed transitioning full-power broadcasters to low power, which they say would free up 100-180 MHz of spectrum for mobile broadband use across the country, while causing minimal disturbance for consumers. That amount is still far short of the 800 MHz CTIA says carriers need in the next few years because of growing demands for mobile broadband. The proposal brought an immediate flood of opposition from broadcasters. The groups made the proposal to National Broadband Plan Public Notice No. 26, which examines spectrum issues.
CTIA and CEA, filing jointly, proposed transitioning full-power broadcasters to low power, which they say would free up 100-180 MHz of spectrum for mobile broadband use across the country, while causing minimal disturbance for consumers. That amount is still far short of the 800 MHz CTIA says carriers need in the next few years because of growing demands for mobile broadband. The proposal brought an immediate flood of opposition from broadcasters. The groups made the proposal to National Broadband Plan Public Notice No. 26, which examines spectrum issues.