Absence of additional spectrum and funding for new communications equipment will require public safety agencies “to utilize existing equipment for the next several years,” Dept. of Justice (DoJ) said. In light of what department says is shortfall of technical and financial resources, DoJ’s Public Safety Wireless Network (PSWN) Program plans to advise such agencies on how they can “enhance their level of communications interoperability” without making new purchases. PSWN, L.A. County Fire Dept., and L.A. County Sheriff’s Dept. will jointly host symposium Jan. 28-30 to “stimulate networking and information exchanges among attendees, equipment manufacturers, and commercial wireless service providers.” Requests to attend event or participate in panel discussions are due Dec. 30. Symposium will be at Universal Hotel, L.A. About 10 tabletop exhibit spaces will be made available on first-come basis. -- 703-632-6102.

Charter said Mich. Broadband Authority brokered $12- million partnership to provide broadband services to underserved areas of northern Mich. and Upper Peninsula. Charter said it would construct more than 200 miles of fiber infrastructure extending from Petoskey, across Straits of Mackinac, to Sault Ste. Marie and Munising, Mich., completing “fiber loop” between Lower Peninsula of Mich. and Upper Peninsula through lease arrangement with state-funded Merit Networks. Public-private arrangement will provide broadband service to Northern Mich. U., Mich. Technology U., Lake Superior State U. and other university, school and library users in area. Mich. Broadband Development Authority was created earlier this year to provide funding for broadband deployment in underserved areas of state. Merit Networks, state-funded Internet Service Provider (ISP) that serves state’s 13 public universities, will sign 20-year lease on Charter Communications’ broadband fiber network, Charter said. Charter is state’s 2nd-largest cable operator, serves more than 930 communities and operates more than 20,000 miles of cable for residential and commercial telecom in Mich.

OPASTCO urged FCC to deny AT&T’s request that its phone- to-phone interstate IP telephony service be exempted from access charges. In comments filed Wed., OPASTCO said AT&T’s petition “fails to explain how an interexchange carrier’s use of IP technology to transport a voice call reduces a LEC’s cost of terminating that call in any way.” Such calls “should be subject to both originating and terminating interstate access charges in order to provide local exchange carriers with lawful and adequate compensation for the use of their facilities,” OPASTCO said: “The functions performed by both the terminating LEC and the originating LEC for phone- to-phone IP calls are no different than the access functions they perform for regular long distance calls transported without IP technology.” Other groups with rural interests expressed similar sentiments. Telecom Consulting Assoc., which performs financial, regulatory and marketing services for more than 50 rural LECs, said “AT&T has failed to prove that its provisioning of long distance services using IP telephony is substantially different from other forms of service, from a transmission perspective, and thus should be afforded the substantially different treatment requested by AT&T.” National Telecom Cooperative Assn. said AT&T’s petition “is a preemptive attempt to evade paying legitimate access charges and avoid making lawful universal service fund contributions… AT&T couches its petition as a request for exemption from existing access charges but, if adopted, it would have an increasingly severe effect on universal service and separations.”

FCC made interim changes Fri. in system used to assess carrier contributions to Universal Service Fund (USF) and said it would seek comments on making broader changes in future (CD Dec 2 p1). Agency basically modified current system, based on carriers’ interstate revenue, to deal with problems that had arisen with that system.

In panel discussion Thurs. that bordered on acrimony, representatives of SBC and WorldCom painted very different pictures of state of competitive access to unbundled network elements (UNEs). During Wireline Telephony panel at annual FCBA-Practising Law Institute conference, WorldCom Vp Donna Sorgi started debate by saying UNE platform was only viable entry vehicle for CLECs, so she was “chagrined” that FCC could consider eliminating it. She said she couldn’t believe “a Republican Commission” could consider such “radical action,” which she likened to “industrial policy.”

FCC Comr. Adelstein, who attended his first FCC meeting Wed., left shortly after it started but said issues on which he has been recused should be cleared up by end of week. Adelstein stayed for first item, presentation by Wireless Bureau on unintentional 911 calls that didn’t require FCC vote, leaving before notice of inquiry on wireless service in rural areas was on floor. “I don’t need to say much because the whole world has been waiting for him,” Chmn. Powell said at start of meeting. Comr. Abernathy, sole female commissioner, said she was “thrilled” to have Adelstein on board and joked that “it’s great to have another guy.” Noting that Democratic representation on Commission just increased 50%, Copps said, “I can already feel the energy.” Copps praised Adelstein’s “outstanding intellect,” common sense and good judgment. “I can’t tell you the admiration I have for Jonathan, the way he handled his long and tortured road to nomination,” Copps said. Agenda meeting started at 1:30 p.m. instead of 9:30 a.m. because of icy morning rush hour Wed. Adelstein quipped: “It doesn’t really bother me. I'm kind of used to delays by now.” He had told reporters Tues. that he would be recused from voting on proposal to change way carriers contributed to universal service fund and said he wouldn’t be voting on any of Wed. agenda items (CD Dec 11 p1). “I had hoped to participate fully in the meeting,” he said Wed. “Because of an existing family financial holding, which we are in the process of divesting, I have been advised to recuse myself from the items… I am working with the Office of the General Counsel to resolve this conflict which I expect most likely will be resolved by the end of this week.”

FCC Comr. Adelstein has been recused from voting on pending proposal to change way carriers make contributions to Universal Service Fund, he told reporters at breakfast Tues. He said FCC’s Office of General Counsel (OGC) advised him late last week that he should be recused from universal service issue because of “family financial situation.”

FCC Comr. Martin said Commission should make broadband deployment “number one priority” of its telecom policy proceedings. In comments at Progress & Freedom Foundation (PFF) panel Fri., he said FCC rulings on broadband also should avoid uncertainty and address all potential implications possible. Panel discussion accompanied release of PFF book: “Telecrisis: How Regulation Stifles High-Speed Internet Access.”

Congress eventually will have to “weigh in” on universal service, NTCA CEO Michael Bunner said Wed. in letter to incoming Senate Commerce Committee Chmn. John McCain (R- Ariz.) that urged continuing universal service fund (USF) support. “We continue to advocate these concepts before the Federal Communications Commission in a plethora of open proceedings,” letter said. “Yet, it is our belief that it will be crucial for Congress to weigh in on these matters as well, to ensure congressional intent is being met in terms of ensuring the future of this indispensable national policy.” Bunner said “string of adverse regulatory and judicial decisions” in name of “competitive neutrality” have eroded congressional mandate on universal service. “The Senate has long played a leading role in advocating and monitoring the many aspects of this critical national policy,” he said. NTCA outlined its leading USF principles: (1) Universal service support must be sufficient and sustainable and all providers of telecom should contribute as public interest mandates. (2) Eligible telecom carriers (ETCs) receiving universal service support should receive such support based on their own costs rather than on costs of incumbent. (3) Competing ETCs should receive support only when they actually had captured customer lines, begun service to new lines or modified their rates or services. (4) States must take their public interest duties more seriously when authorizing additional ETC’s in given market.

President Bush signed papers Mon. required for Jonathan Adelstein to take his seat on FCC, White House spokeswoman said. Adelstein was 7-year telecom staffer for current Senate Majority Leader Daschle (D-S.D.), but his confirmation was held up for nearly 10 months amid political fights over federal judicial nominations. He will take Democratic seat formerly held by Gloria Tristani. Adelstein’s swearing in “will be done quickly,” FCC spokesman said Mon., but he didn’t know specifics. FCC commissioners usually are sworn in almost immediately after their papers clear, which means it could happen by today (Tues.). There’s good chance Adelstein will be present for FCC’s next agenda meeting Dec. 11 if process goes as usual. Swearing in usually is somewhat routine exercise, conducted by FCC chairman or another commissioner. Adelstein, who has been hailed as advocate for rural issues, recused himself from telecom issues during nomination process, but in past had suggested that universal service funding could be used for advanced services such as broadband.