Lawmakers should not get caught up in the “micro-minutiae” of Internet radio royalty reform proposals, the Free State Foundation said in an email blast Tuesday. They should start with the “candid recognition” that the current system “runs counter to rule of law and free market principles,” and “arbitrarily discriminates among market players and imposes an onerous set of price controls,” said the post by research fellow Seth Cooper: Any reforms should have the “ultimate purpose of abolishing compulsory licensing and rate controls, be it immediately or incrementally.” Cooper’s argument closely follows that of the Information Technology and Innovation Foundation, which released its own recommendations Monday for revising or replacing the Internet Radio Fairness Act (CD Nov 27 p1). The government not only substitutes “bureaucratic rate rulings” for market mechanisms but applies different standards to different services, letting cable and satellite pay lower performance rates than they otherwise could get and terrestrial radio pay nothing, he said. But even if bill supporters like Pandora get the same standard as cable and satellite -- Copyright Act Section 801(b) rather than the more expensive “willing buyer/willing seller” -- the bill won’t solve the “arbitrariness” of giving a pass to terrestrial radio or forcing music copyright holders “to the table” through compulsory licensing, Cooper said. The transition to a “free market for music” regardless of platform recognizes the “abundance” of the market and “technological alternatives available to consumers” through subscription, download purchases and radio, whose “rivalry” will set the “price points that meet consumer demand,” he said.
Alaska Communications Systems threw its support behind a General Communications petition to clarify that an FCC rule requiring “annual” recertification of Lifeline subscribers means once per calendar year instead of once every 12 months. In a filing Friday, ACS said the commission should consider costs of regulatory compliance, which ultimately are “reflected in charges for services appearing on customer bills” (http://xrl.us/bn3rzx). GCI’s proposal would reduce costs of compliance, which will prevent “particularly acute damage” to the “highly price sensitive customers” who rely on Lifeline support, ACS said. No one opposed GCI’s petition (CD Nov 26 p2).
Rep. Darrell Issa, R-Calif., released a discussion draft of a bill that would prevent new Internet-related legislation for two years and is asking social website Reddit users for feedback, he said in a Reddit post on Tuesday (http://xrl.us/bn3r2u), linking to the newly released discussion draft of the Internet American Moratorium Act (http://xrl.us/bn3r2w). The bill would disallow the House and Senate from passing “any new legislation for a period of 2 years from the date of enactment of this Act that would require individuals or corporations engaged in activities on the Internet to meet additional requirements or activities” and would prevent federal agencies and departments from enacting any new rules and regulations for two years, starting 90 days after the bill’s passage. The draft includes a national security exemption, which would permit the President to “allow agencies to promulgate rules that have otherwise been suspended by this Act” if there is “an existential threat to the Internet,” according to the text of the bill that was posted on Madison, the crowd-sourcing platform released by Issa’s office at the beginning of the year. According to his post, Issa will begin responding to questions and comments, of which there were almost 200 by our deadline, at 10:30 a.m. EST Wednesday.
ITU will “strengthen its activities” on e-waste, said an ITU blog post from the World Telecommunications Standardization Assembly (http://bit.ly/UVbp0h). A proposed resolution up for adoption urges the directors of the ITU bureaus on standardization and development to assist developing countries in assessing “e-waste challenges” and to “lead global efforts combatting and raising awareness around e-waste’s adverse effects,” it said. The resolution also asks an ITU-T study group to document and develop best-practice models of handling, controlling, treating and recycling e-waste, and to reflect the resulting findings in international standards, it said. The study group would also be instructed to study the e-waste impacts resulting from developed countries’ exports of used telecom and information and communications technology gear to developing nations, it said.
Several trade associations are cautious about federal agencies abusing Chevron doctrine deference, an amici brief filed at the Supreme Court showed. The case addresses whether federal agencies should be allowed to determine their own jurisdiction. The American Farm Bureau Federation, the U.S. Chamber of Commerce, the National Association of Home Builders, the National Federation of Independent Business Small Business Legal Center, the National Mining Association and the Retail Litigation Center filed a joint brief supporting the petitioners this week. “Expanding the scope of ‘Chevron’s domain’ to agency jurisdictional determinations would have vast -- and troubling -- implications for the administrative state,” the joint brief said. “Historically, de novo judicial review of agency assertions of jurisdiction has served as an essential check against agency aggrandizement of power.” At stake is the “proper allocation of authority within the federal government and the relationship between the federal government and the States,” the trade associations said. The National Association of Regulatory Utility Commissioners filed a separate joint brief Tuesday (http://xrl.us/bn3rxc) with several municipal parties of the State and Local Legal Center in support of the City of Arlington, Texas v. FCC petitioners, as expected and reported last week (CD Nov 21 p1).
The Senate Commerce Committee plans a hearing next week on the nominations to reappoint Mignon Clyburn as FCC commissioner and George Mason University professor Joshua Wright to become an FTC commissioner. The hearing is scheduled for 2:30 p.m. Tuesday in Room 253 Russell.
The Wisconsin Public Service Commission delayed a move to a new area code. Wisconsin now expects the 920 area code to be exhausted in the fourth quarter of 2017, later than originally anticipated, according to a PSC order released Tuesday (http://xrl.us/bn3rwb). The 920 lifespan has been extended due to “various number optimization measures” and the “lingering economic downturn,” the PSC said. It had planned to begin introducing the overlay of the 274 area code in 2013, but no longer needs to due to 920’s longer life. It ordered the use of trigger points, based on certain exhaustion levels, in assessing its area code exhaustion going forward. “A further postponement of the 920/274 implementation schedule ensures that residents living in the 920 area code are not subject to these changes and inconveniences before it is necessary,” the PSC said. It said earlier orders on the overlay process still stand, noting the latest order has simply delayed it.
CTIA released a public service announcement video reminding consumers to use their smartphones’ features and apps to “remote lock, track and erase” when their devices are lost or stolen. “Today’s average wireless user stores a lot of personal information on their mobile devices, such as pictures, video, banking and other sensitive data,” said CTIA President Steve Largent. “It’s important consumers know that by taking some simple precautions such as downloading a few apps, they can protect their information from unauthorized users.” More information is posted on CTIA’s “Before You Lose It” website (http://xrl.us/bn3rv9).
An ITU-R study group on the broadcasting service will revise studies on digital interfaces for broadcast production, enhancements to digital terrestrial TV broadcasting, and worldwide broadcast roaming unless objections arise before Jan. 21, said Francois Rancy, director of the Radiocommunication Bureau, in a letter to members. Proposed revisions to a study on the interfaces for broadcast production and postproduction call for the inclusion of international exchange of TV programs, it said. It also would cover ultra high definition TV. A study on enhancement of digital terrestrial TV broadcasting will consider “that future integrated/hybrid systems may allow complementary terrestrial broadcasting with other methods of broadcast content delivery,” it said. The work will also consider “future integrated/hybrid systems” other than terrestrial broadcasting for delivery of broadcast content, it said. The work will likely include input from the ITU-R study group on the mobile service and the ITU-T study group on broadcast cable and TV, it said. Another study on worldwide broadcast roaming would be revised to look at “methods of broadcast content delivery via future interactive and existing systems,” it said.
Major wireless carriers reached agreement with FiberTower for the continued operation of FiberTower’s network through April 30, AT&T said in a filing at the FCC posted Tuesday (http://xrl.us/bn3q6c). The agreement was filed with the Bankruptcy Court for the Northern District of Texas, which is hearing FiberTower’s petition for Chapter 11 bankruptcy. Earlier, carriers warned of problems if FiberTower cuts off wireless and fiber backhaul services to the carriers in 12 states and the District of Columbia on Dec. 9, as proposed in a November filing at the FCC (http://xrl.us/bn3q36). AT&T, Verizon, Sprint Nextel, MetroPCS and Leap/Cricket all had representatives at a meeting on the issue with FCC staff. “The Carriers rely on FiberTower to provide critical backhaul services to thousands of sites, which the Carriers use to provide wireless service to millions of customers, including government agencies and public safety entities,” they said in a filing on the meeting (http://xrl.us/bn3q4a). FiberTower notified the FCC it was terminating service but said it didn’t believe the decommissioning “is subject to the discontinuance procedures applicable to interstate common carriers set forth in” the Communications Act. But FiberTower said it notified the FCC “out of an abundance of caution.”