NARUC PANEL ADOPTS SATELLITE AND SPECIAL ACCESS POSITIONS
NARUC’s Telecom Committee adopted watered-down version of controversial policy resolution addressing broadband telecom implications of direct broadcast satellite merger pending at FCC and passed resolution urging FCC to establish performance monitoring program for interstate special access services. NARUC telecom panel late Tues. also passed rewritten version of another contentious resolution addressing local right-of-way management as potential barrier to broadband service development.
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Adopted satellite resolution says proposed acquisition of Hughes Electronics’ Direct TV by EchoStar Communications Dish Network “may have important implications for broadband competition in rural areas.” It urges FCC to evaluate and weigh deal’s effects on rural broadband market. Resolution was amended to delete all language that elaborated on states’ cause for concern in order to placate Telecom Committee opponents who felt original language amounted to states’ telling FCC what to do about deal in communications industry segment that was entirely outside states’ jurisdiction. Resolution had been narrowly rejected by telecom staffs Sun. because of concerns it would be perceived as states’ meddling in area outside their jurisdiction.
Telecom panel also asked FCC to adopt performance measures and standards, reporting requirements and strong, straightforward enforcement mechanism for wholesale and retail special access ordering, provisioning and maintenance. Resolution said “last mile” special access links were critical to development of facilities-based local competition and advanced telecom services. FCC in Nov. opened rulemaking on interstate special access performance measures.
Although incumbents and CLECs, for different reasons, lobbied heavily behind scenes to keep that resolution from advancing, it saw relatively little open discussion. Main dissenter was Comr. Denise Bode of Okla., who was concerned it might be read as call for imposition of performance measures on special access services provided by CLECs as well as those provided by incumbents. Bode cast lone vote against that resolution.
Telecom panel late Tues. approved hotly debated rights- of-way (ROW) resolution that also had been rejected Sun. by telecom staffs. Version proposed to Telecom panel by Comr. Robert Nelson of Mich. was substantially amended from original. New version would drop original call for states to “take all actions necessary” to ensure prompt, nondiscriminatory access for broadband and narrowband telecom carriers to public lands and local rights-of-way. New resolution instead “encourages all governmental entities” to provide prompt, nondiscriminatory ROW and public lands access at “reasonable” rates and terms and consistent with their management responsibilities.
New resolution would create NARUC study committee on public rights-of-way to investigate entire range of ROW access issues and make policy recommendations at NARUC summer meeting in July for “reducing the extent to which ROW access serves as a barrier” to broadband deployment. Last minute attempt to further weaken resolution by amendment was overwhelmingly defeated.
Telecom panel heard NTIA Dir. Nancy Victory say earlier in day that delays, unreasonable rates or terms, and 3rd-tier regulation imposed by handful of municipalities can affect vast areas. She lauded NARUC for paying attention to this issue. Victory said NTIA has asked Administration to examine telecom access barriers to federal lands. She said NTIA also is encouraging dialog on ROW issue so communities can “reap the benefits of broadband while preserving the integrity of their public property.”
Meanwhile, NARUC’s Consumer Affairs Committee adopted telecom policy resolutions on rural telecom services and telemarketing. Panel called on FCC to amend its proposed reorganization plan to include separate bureau of rural communications policy.
Resolution said evolution of industry and of federal policy since passage of Telecom Act required separate federal processes for addressing universal service and access issues in rural and nonrural markets. Resolution said rural markets presented unique issues for development of both basic and advanced telecom services and no longer should be lumped in with urban/suburban markets, which so easily could overshadow rural areas. Resolution urges creation of new FCC bureau “dedicated expressly to addressing telecom service issues affecting rural customers.” Under reorganization plan FCC outlined to Congress last month, rural telecom policy probably would fall under umbrella of new Wireline Competition Bureau and be split among divisions within that new bureau.
Consumer Affairs telemarketing resolution urged FTC not to craft federal no-call telemarketing policies that would preempt state no-call laws and policies. Resolution said nothing in any federal telemarketing policy should block states from passing tougher laws or from administering their own no-call lists. All those resolutions must be approved by NARUC’s board of dirs. at its session today (Feb. 13) before becoming official NARUC policy.