POWELL INDICATES DISCOMFORT WITH DELAYING 700 MHZ AUCTION AGAIN
FCC Chmn. Powell told House Appropriations Subcommittee Wed. that he was somewhat uncomfortable about delaying 700 MHz auction again and violating congressional mandate. It’s one thing to say Commission has delayed auction already but that’s not going to carry much weight before a court if FCC is sued for violating congressional order, he told Subcommittee on Commerce, Justice, State and Judiciary. Answering questions at hearing on FCC FY 2003 budget, Powell also revealed that vote had been taken by commissioners on Northpoint petition but he declined to say more, saying that press release would be issued “in next few days” that would give outline of decision. Northpoint was on agenda for Commission’s open meeting today (April 17). “I can confirm that the item has been adopted but it’s in the final stages when things can change, so I don’t feel comfortable” talking about it, he told Rep. Vitter (R-La.). Vitter had said he heard FCC would call for auction of spectrum sought by Northpoint and thought that “penalizes innovations and hurts consumers.”
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Satellite attorney told us FCC Northpoint decision was “done 2 days ago,” but order was held up because Commission was waiting for response to dissent from unnamed Commissioner. “I've heard [from FCC sources] they are desperate to get it out for political reasons,” attorney said: “It shouldn’t matter, but what they are going to do is going to make Northpoint angry. They wanted to get it out” before FCC agenda meeting. Commission has been “very tight- lipped” about entire process, attorney said. FCC spokeswoman promised text of decision would be released to public “shortly.”
Powell underwent wide-ranging questioning, generally friendly, on issues ranging from 700 MHz issue to whether FTC should have more authority over common carrier issues. Vitter asked about delaying auction because of concerns that DTV transition “is not at a point where that [auction] makes sense.” Powell responded that “I have anxiety” about delaying dates mandated by Congress. FCC has delayed first of 2 auctions several times but now has scheduled both for same time, date that FCC is required to hold 2nd one. He said he had “a lot of empathy for the arguments for delay” but there was deadline problem. Vitter asked if Congress could do something, short of passing new legislation. Powell said that if full Commission considered recent bureau decision turning down request for delay, letter from members of Congress could be considered. However, he repeated, “a letter from members of Congress is not the same as a congressional act.”
Asked for his views on expanding FTC power, Powell said “it doesn’t bother me” and “maybe its time for an FTC-FCC summit” to determine what areas merit joint action from 2 agencies. He noted that 2 agencies had worked together before on concerns such as slamming. However, he said he thought consumer issues with strong communications policy aspects should remain with FCC. “I wouldn’t want to punt to the FTC [those issues] that are part and parcel of communications policy.” He also said there were non-FCC areas exempted from FTC authority, including some in transportation and labor categories.
On other issues, Subcommittee Chmn. Wolf (R-Va.) asked Powell whether anything could be done about so-called “fat fingers” scam featured last week on NBC’s Today show. Scheme involves companies that set up 800-based calling plans that are slightly different from numbers used for common ones such as 1-800-CALLATT and 1-800-Collect. Idea is that people who misdial would get those alternative calling plans that charged much more and didn’t tell consumers they were alternatives. Powell said he thought schemes would be considered illegal by some authorities such as state regulatory commissions or states attorneys gen. FCC might have some authority under requirement that calls from hotels and other “aggregators” couldn’t be unbranded and rates had to be explained. However, that is far from complete and “my initial judgment is there probably are some jurisdictional holes that merit working with the FTC and Congress,” Powell said. Wolf said he was interested in working on that issue and asked Powell if FCC staff could meet with FTC staff to work out recommendations. Wolf said he might send letter to states attorneys gen. Powell said FCC also could issue consumer alert on scam.
Wolf also expressed concern about burdens on consumers of having to provide audiotapes when they had complaints about offensive material on radio, issue often raised by Powell. Powell said tapes weren’t required but agency had to have some kind of proof, acknowledging that could be difficult but agency had “to have something to look at.” Wolf also said he would like to craft law to “meet test” raised by U.S. Supreme Court ruling Tues. on child pornography. Powell said that “really isn’t my area.” However, Wolf said he would like to collect “the best minds on this issue in the country” to advise him on how to write law to counter court’s decision.