CABLE BUREAU SUGGESTS REGULATORY FORBEARANCE FOR NEW SERVICES

Without directly endorsing Lathen’s proposal, Chmn. Powell appeared open to idea in comments to reporters after meeting. Calling for “the right incentives for innovation,” he said FCC staff would do “a lot of thinking about whether we can forbear in the promotion of innovation.” But he cautioned that, while Sec. 10 of Telecom Act grants FCC “really broad forbearance authority” in many ways, other parts of law rule it out in particular situations. “It takes courage,” he said.

Powell also proposed that FCC, in considering its approach toward similar services offered by such rival technologies as cable and telephone, move toward “some degree of less regulation” that would be “not so technology-centric.” “We need these things harmonized,” he said. “Otherwise, we're penalizing a competitive technology simply because of its legacy.”

Lathen said FCC, in weighing her proposal, should look at whether to create safe harbors only for new technologies or for broader range of advanced services. She also recommended that Commission consider how long any regulatory moratorium might last. She proposed that agency examine whether it needed new enabling legislation or just its Title VI authority to conduct greater forbearance. “How do we remove roadblocks to investment and allow for deployment of new services?” she asked.

In other comments, Lathen said Cable Bureau would spend much of its time over next few years weighing “question of access in many flavors and colors,” including open access, DTV must-carry, program and leased access, interactive TV, inside wiring and pole attachment regulations. She said she particularly expected to “see a lot more activity in pole attachments” area as electric utilities compete more with cable operators to offer high-speed data services.

Mass Media Bureau Chief Roy Stewart said his division would devote itself to processing applications for thousands of DTV stations, noncommercial radio and TV stations, MMDS and ITFS broadband services and low-power FM radio stations, among other things. Of 1,751 LPFM license applications now before his bureau, he said roughly 40% had been weeded out informally because they failed channel adjacency test. Stewart said he would inform stations once FCC completed congressionally mandated revision of its LPFM authorization order. He also said he expected to “open 2 remaining windows” on new LPFM applications in next few months.

Comr. Furchtgott-Roth repeatedly chided Commission, under leadership of former Chmn. William Kennard, for trying to “go beyond the law” and risking rejection by courts and disapproval of Congress. Citing agency’s unsuccessful attempt to create far more LPFM stations than Congress wanted, he argued that it’s “not an accomplishment for the agency” when Congress feels need to intervene on issue and “clean up the mess.” Furchtgott-Roth urged Powell and his fellow commissioners to “be mindful” of law and Congress’s wishes when setting such policies. “It doesn’t do this agency any credit when we run against the will of Congress,” he said.

But Comr. Tristani retorted that FCC, in drafting its original LPFM rules, was simply meeting its obligation to “respond to the American public.” Citing case of Fla. church that unsuccessfully pursued LPFM license, she said agency sought to dedicate just small sliver of public airwaves to such community- based stations. Tristani also questioned Stewart, Enforcement Bureau Chief David Solomon and Consumer Information Bureau Deputy Chief Roderick Porter closely about indecency complaints against radio and TV stations, seeking better tracking of public complaints and inquiries. She said she also wanted better sense of how indecency complaints had been processed.