FCC Commissioner Robert McDowell said he had doubts about the...
FCC Commissioner Robert McDowell said he had doubts about the wisdom of releasing the staff report on the proposed AT&T/T-Mobile deal (CD Dec 2 p5). “I'm not sure that the reasoning laid out by the staff … makes a Purple…
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Cow,” McDowell told the Practising Law Institute Thursday. Releasing the report left the commission open to having to disgorge other records that might otherwise be subject to the deliberative process exemption, McDowell said: “The chairman has set the precedent, so I'm not sure how future commissions will deal with it.” He said the staff report was “a staff opinion” and not necessarily reflective of the full commission because it wasn’t voted upon. Asked about BART’s decision to shut down its wireless network (CD Dec 2 p11), McDowell said it may have been “a horrible mistake.” He said he understands the need for public safety, but he worried that the cell cutoff might be “a net negative for public safety.” McDowell’s formal remarks centered on what he saw as international efforts to subject the Internet to U.N. regulation. He said he hoped American policymakers and telecom leaders would “emerge from our slumber and engage” on the issue because it was critical for the next year. Asked about percolating challenges to the recently passed Universal Service Fund order (CD Oct 28 p1), McDowell said, “I think it'll hold up pretty well. I expect every order we approve to be appealed … but I think we'll do fine.” He reiterated calls for contribution reform and said he thought the best option might be to move to a numbers-based contribution system.