FCC Chief of Staff Marsha MacBride told Public Safety National Coordination Committee (NCC) Fri. that public safety interoperability and other issues were part of emphasis of Commission’s homeland security efforts. MacBride was named by FCC Chmn. Powell in Nov. to head agency’s Homeland Security Policy Council. In presentation to NCC, MacBride outlined homeland security efforts that were stressing broader areas than in past for network protection, including mass media and wireless. Network Reliability & Interoperability Council (NRIC), which played key coordinating role during FCC’s Y2K efforts, is refocused on homeland security, including lessons learned and existing vulnerabilities, MacBride said. Composition of NRIC has shifted from historical wireline emphasis to include wireless, cable and Internet service providers, she said. In broadcasting and multichannel video programming, Commission is starting Federal Advisory Committee (FAC) to examine infrastructure reliability and security issues. Among other themes that emerged during NCC general membership meeting was need for better public safety interoperability, which has gained renewed public attention following Sept. 11 attacks.
William Caton promoted to acting Secy. of FCC… Peter Hero, Community Foundation Silicon Valley, elected to PBS board… Promotions at Showtime: Bryan Byrd to vp-PR, Jackie Joachim to vp-consumer PR… Changes at Sonicblue: David Sugishita, ex-Synopsys, joins as CFO, John Todd promoted to COO.
NTIA released report Fri. outlined need for more spectrum for critical infrastructure providers in energy, water and railroad sectors, concluding that urgency of those issues might have changed following Sept. 11 terrorist attacks. Report to Congress, required by fiscal 2001 appropriations act that covered Commerce Dept., catalogued congestion that infrastructure providers faced in land mobile portion of spectrum. “It is of utmost importance that the Federal Communications Commission revisit these critical issues in order to accommodate the increasing role these industries play in maintaining quality of life,” report said. It cited continued use of spectrum as “essential to the current and future operations of these industries.” NTIA said industry feedback it received in preparing report pointed to spectrum that was “either congested or quickly approaching critical mass, thus leading to problems of interference.” NTIA said industry consensus called for additional spectrum, citing lack of bands available for new users. Report has been closely watched by private wireless industry who have raised concerns about Nextel proposal pending at FCC that would reconfigure some public safety, private wireless and commercial operators at 700, 800 and 900 MHz.
NextWave submitted brief to U.S. Supreme Court Fri. opposing FCC petition for certiorari seeking review of U.S. Appeals Court, D.C., ruling that overturned decision to cancel NextWave’s PCS licenses. As expected, NextWave argued that petitions for certiorari didn’t warrant high court review, in part because lower court decision “implements the plain language of the Bankruptcy Code.” NextWave countered FCC argument that D.C. Circuit ruling conflicted with earlier NextWave decision by 2nd U.S. Appeals Court, N.Y. “The D.C. Circuit squarely rejected as ‘implausible’ petitioners’ contention that the Second Circuit adjudicated the merits of NextWave’s claims,” NextWave said. It also disagreed with claim D.C. Circuit ruling impaired FCC authority to allocate spectrum and employ auction mechanism. “Recent events dramatically undercut the sincerity of petitioners’ expressions of concern about the decision below,” NextWave said. It points to proposed settlement involving U.S. govt., Jan. 2001 re-auction winners and NextWave that collapsed at end of year when Congress failed to pass legislation that would implement its terms. “Although the settlement agreement subsequently terminated, the fact that the FCC was more than willing to settle this litigation in a manner that left it subject to the D.C. Circuit’s decision belies petitioners’ dire predictions about the allegedly dramatic impact of the decision below,” NextWave said. It said Commission’s willingness to sign on to settlement was “justified” because D.C. Circuit holding “has little if any future significance either for the FCC or for other agencies and the government will have no difficulty implementing auction schemes.” Most “obvious” reason why Supreme Court shouldn’t grant cert, NextWave said, is that question at issue is unlikely to recur. It said FCC turned away from installment payment plan for licenses that gave rise to thorny bankruptcy issues in NextWave case. “As a result, the question presented will not arise with any frequency in the future,” NextWave argued.
N.Y. PSC’s reduction in rates for unbundled network elements (UNEs) means FCC has to reject Verizon’s pending Sec. 271 application for R.I. because prices there are based on old, higher N.Y. prices, AT&T told FCC in ex parte filing Fri. Verizon has “defended” its R.I. rates on ground they're comparable with rates approved by N.Y. PSC in 1997, AT&T said. Now that N.Y. regulators have decided those earlier rates should be reduced because don’t meet TELRIC (Total Element Long Run Incremental Cost) standard, Verizon’s R.I. application “plainly cannot be granted,” AT&T said.
FCC Chmn. Powell’s special counsel Mary Beth Richards said Thurs. she was “confident” Congress would approve overhaul of agency in coming days. She said she had spent much of this week, and would spend much of next, with Hill staffers to “make sure they are comfortable with the plan and understand the benefits.” Letter outlining changes went up to Congress Jan. 17, and congressional appropriators of FCC budget have 15 days in which to express objections. “I am hopeful that there are no surprises. I am hopeful that they all agree that it is a wise and judicious decision,” Richards said in conference call hosted by Communications Daily. Given that changes must be published in Federal Register before they can take effect, Richards said she expected effective date either in late Feb. or early March. In meantime, once congressional approval is assured, Commission plans to issue news release outlining staff changes, specifically who will head divisions and makeup of front office staff. Release, to include structural charts, also will be posted at Commission’s Web site, Richards said.
U.K. has many of same problems as U.S. with minority ownership and content, Broadcast Standards Commission(BSC) of Britain said in report Thurs. on visit with U.S. broadcast leaders and regulatory officials in Washington Dec. 12-14. During stay, group met with civil rights groups, NAB, FCC and NTIA representatives, and telecom lawyers to get feel for regulatory process. Group evaluated EEOC policies and programs used by companies to increase minority participation throughout industry. Major concerns mirror those of U.S. minority groups and include content, ownership and jobs, group said. “Black business programs in the U.K. are based on American experience,” BSC Comr. Vday Dholakia said: “We are attempting to bring in all the regulatory bodies under one organization.” He said bill that would achieve goal was under consideration in Parliament.
EchoStar takeover of DirecTV would benefit telemedicine, National Alliance of Medical Researchers & Teaching Physicians wrote in letter to FCC Chmn. Powell Mon. “The medical profession has long recognized the value of being able to examine patients, review test results and in some cases even provide treatment over long distances via broadband, multimedia connections,” Dr. David Charles wrote. However, telemedicine has been “sharply limited by the scarcity of affordable broadband connections, especially on local telephone networks,” but deal would solve problem. If it were approved, “Digital Divide would shrink from a chasm to a small fissure.”
CTIA Pres. Tom Wheeler wrote to NARUC Chmn. William Nugent Thurs. trying to find common ground on number pooling, asking whether requiring wireless pooling and porting on same day wasn’t “a bridge too far.” Large wireless carriers have asked FCC to forbear on wireless number portability deadline of Nov. 24, with some operators asking for delay of at least 30 months to implement requirement. Wireless thousand-block number pooling deadline is on same date but carriers aren’t seeking forbearance in that case. Wheeler wrote that CTIA and NARUC were in “strong agreement on the importance of implementing thousand-block number pooling as a way to mitigate the nation’s shortage of telephone numbers.” However, NARUC has voiced opposition to Verizon Wireless request for forbearance on wireless number portability. Wheeler said Cal. PUC in Nov. had warned that aggressive schedule for wireless number pooling could create problems with service quality or call completion. “Clearly, both of our constituencies desire a smooth implementation of number pooling and a total absence of anything that might affect service quality, or even call completion,” Wheeler wrote: “Installing multiple new systems simultaneously is an invitation to disaster; the technical complexity of either number pooling or number porting is daunting; to require these to be done simultaneously is an invitation to a train wreck, with consumers as the victims.” Wheeler reiterated CTIA position that forbearance was warranted for number porting and said NARUC and CTIA agreed on porting issue. “Joint goal of number pooling is threatened by number porting,” he said.
Payphone providers praised FCC action Thurs. that affirmed use of forward-looking “new services test” in pricing intrastate line rates that ILECs charge to payphone companies. Action came in response to review sought by coalition of ILECs of earlier FCC decision involving rates in Wis. American Public Communications Council (APCC) said order “will help to make more payphones available by lowering rates paid by payphone service providers.” Although order requires state PUCs to apply rate test only to Bell companies, it encourages regulators to apply it to other telcos as well. Praise also came from National Community Voice Mail Federation, coalition of community service organizations that support payphones as important for people without home phone service. “This order will help lower costs and therefore keep more payphones available for those citizens that need them most,” group said.