Washington-based Blumenfeld & Cohen is merging with Gray Cary Ware Freidenrich, law firms announced Thurs. Blumenfeld & Cohen, with 9 attorneys, specializes in Washington policy issues before FCC, Dept. of Justice, FTC, Capitol Hill. Combined Washington office is expected to have 50 attorneys. Gray Cary has more than 480 attorneys practicing in Cal., Tex., Washington state.
FCC granted must-carry complaints against EchoStar brought by 3 TV stations Thurs. KM TV, Flagstaff, Ariz.; Christian TV, Clearwater, Fla., and Long Family Partnership, Hickory, N.C., filed petitions for carriage on behalf of stations KCFG, WCLF and WHKY-TV. Each station said EchoStar was providing local-into-local service in its market but refused to carry its signal in violation of rules. EchoStar said it denied stations carriage because of poor signal quality. It said WHKY also was rejected because of failure to provide community of license and substantial duplication grounds. Commission ordered EchoStar to add signals of 3 stations within 75 days of receiving good quality signal.
FCC Comr. Abernathy said Thurs. that many regulatory issues involving competitive markets that were focus of domestic policy were attracting same level of attention internationally, including resale obligations, colocation rates, rights of way, nondiscriminatory access to critical facilities. At brown-bag lunch of FCBA’s International Practice Committee, she said U.S. outreach to regulators in other countries was important, although she stressed importance of not dictating to other countries how they should structure regulations or regulatory bodies, instead focusing on areas such as best practices. In Q&A session, one issue was Fri. comment deadline for U.S. Trade Representative’s Office on implementation of telecom trade agreements. One attorney said expected theme this year was not laws that were on books in countries, but process of how they were implemented. “We can build relationships with foreign regulators,” Abernathy said. “We can talk about how we encountered some problems and how we solved them.” She also was asked how her regulatory philosophy of letting markets work where they could applied to potential role of FCC when it came to market shortcomings in areas such as mobile satellite service. Without addressing MSS issue directly, Abernathy said: “I am always hesitant to believe that the FCC would have better business planning instincts than industry… I don’t generally believe the FCC will get it right if we try and anticipate the right business model.” As for continued need for accounting rates and benchmarks, Abernathy said that in “vast majority of instances,” accounting rates had been very positive for U.S. industry. “The real question is, do we take Enforcement Bureau or International Bureau resources to go after very poor countries with small volumes of traffic who may not be meeting benchmarks,” she said: “This is one of those issues where there is no easy answer.” Asked whether U.S. should phase out accounting rates and declare victory because they had been successful, Abernathy said she wasn’t sure. Saying that that would require opening another proceeding if Commission examined issue, she said, “now it may be time to look at where we go and what we have accomplished to date.” Among upcoming international meetings that commissioners will attend, Abernathy said: (1) She will attend European Union bilateral meeting in April in Brussels. (2) Comr. Martin will attend ITU World Telecom Development Conference in March in Istanbul. (3) Comr. Copps will attend formal bilateral meetings with China.
FCC denied American Public Communications Council (APCC) petition for reconsideration of order terminating calling party pays docket. APCC had said Commission should issue rule to prevent commercial mobile radio service carriers that offered calling party pays service option from charging payphone operators for calls placed from their phones to wireless subscribers. Commission said adequate safeguards existed to protect interests of payphone service providers without imposing additional regulations on commercial mobile radio service carriers.
FCC shares FTC’s commitment to ensuring that consumers’ concerns are addressed by telemarketing rules, Dane Snowden, chief of FCC Consumer Information Bureau, said. FCC will be following closely progress of FTC’s recent proposal to create national do-not-call registry to help consumers in their interactions with telemarketers, Snowden said.
Motorola urged FCC to not delay decision on ultra- wideband, saying in ex parte filing that it was “unlikely that the Commission will gain any significant new insight into the potential of UWB to interfere by further delaying a decision.” Commission is expected to include UWB item on agenda for Feb. 14 meeting after postponing it at Dec. meeting in deference to request by Commerce Secy. Donald Evans for more time to evaluate issue. Motorola also proposed compromise for UWB limitations, saying it agreed that allowing UWB to operate at Part 15 limits above 5 GHz “while limiting UWB emissions below 5 GHz to levels that are in line with industry-developed standards for protection of services” would strike balance of interests. Motorola said Defense Dept. had backed limiting UWB operation to above 4.2 GHz and coalition of companies, including some wireless carriers, sought limitations on UWB operations to above 6 GHz. Motorola said FCC had to ensure that existing services were protected from potential interference by UWB. “This protection can only be adequately afforded by setting appropriate technical limits rather than trying to construct a complex and unenforceable regulatory structure that severely limits the operational abilities of UWB while still not ensuring adequate protection to existing services,” company said. Equipment manufacturer cited “considerable debate” in UWB docket on correct way to interpret various interference studies submitted to Commission. “One thing should be clear, however: the rights of a Part 15 user should not exceed the rights of the licensed primary user of the spectrum, nor should Part 15 operations be permitted to disrupt a carefully managed radio environment,” Motorola said. Company cited industry standards for protecting PCS services in relation to Part 15 emission limits. It said industry “finds it necessary to protect itself to a level significantly greater than what is required under the Commission’s rules.” That means FCC shouldn’t allow UWB emissions above levels that wireless industry had imposed on itself -- 16-24 dB below Part 15 levels, Motorola said. It said FCC should err on side of protecting GPS and limit emissions in GPS band to 27-35 dB below Part 15 levels, depending on type of UWB emission. Company urged Commission not to rely on “artificial regulatory constraints” such as barring peer-to-peer communications or limiting UWB use to indoors.
FCC “has censored speech that is not indecent and that is entitled to the highest First Amendment protection,” People for the American Way (PFAW) and artist Sarah Jones said in bid in U.S. Dist. Court, N.Y., for injunction. Suit, as expected (CD Jan 30 p8), seeks to block FCC indecency enforcement action against KBOO(FM) Portland, Ore., noncommercial station that broadcast excerpts from Jones’s Your Revolution recording. Suit says recording is “a statement against indecency and indecent treatment of women in popular culture” and “advocates universally understood values and urges the listener to choose a life-style that denounces subjugation and promotes human dignity.” FCC assessed indecency fine of $7,000 against station (CD May 21 p8) for airing broadcast in 1999. Suit charged FCC didn’t consider “full context” of broadcast and ruling “creates an effective ban on constitutionally protected speech, based on the context and viewpoint of that speech.” Jones said other stations were refusing to air recording because of fear of FCC action. Suit also contended ruling “labels speech that is not indecent as indecent,” isn’t least-restrictive means of achieving govt. purpose, “fails to advance a compelling or substantial governmental interest.” It accused FCC of focusing on sexual terms used, instead of viewing context. PFAW Pres. Ralph Neas said censorship was “never good government policy,” but FCC action was “especially ludicrous” because Jones recording had educational message… By declaring this song indecent a whole range of valuable expression will be jeopardized.”
FCC is “very sympathetic to regulation parity” between broadband services provided by cable companies and telcos “but there are limits to what the Commission can do,” Comr. Martin said Wed. in Comnet session in Washington. In What’s Ahead in Communication Policy and Regulation he said 2 deployment models were “regulated very differently.” Citing current cable open access proceeding at FCC, Martin said he was “hesitant to apply legacy regulations” to cable industry: “I am worried about regulating up.” When Commission opens proceeding and then fails to reach decision, uncertainty created can dampen investments in new technology, he said: “The Commission needs to be careful with regulatory parity” and “not impose new burdens on new technology.” Regulatory parity should be implemented “with very subtle tools,” otherwise it could “slow deployments [in markets] where cable has been very successful,” he said.
SBC and Verizon have informed FCC they will pay combined $3.9 million to U.S. Treasury this month for not meeting performance measurements required as part of their respective mergers. This month’s payments -- $2.9 million for SBC and $1 million for Verizon -- are for Sept.-Nov. period. Companies must make voluntary payments if any given measurement falls below standard for 3 consecutive months. Payments prompted AT&T to complain “here we go again, another month, another fine levied against the Bells for reneging on promises made to open their markets to competitors.” Amount of payment varies depending upon how many measurements fall below standard. For example, SBC’s monthly payment has fallen from high of $6.4 billion in Jan. 2001. SBC requirement came as part of its merger with Ameritech, Verizon’s is under merger with GTE.
Public safety groups asked FCC Wed. to be more active in testing conducted by wireless carriers for upcoming number portability and pooling deadlines to take account of 911 system impact. National Emergency Number Assn. (NENA), Assn. of Public-Safety Communications Officials International and National Assn. of Nine One One Administrators want Commission to enforce its wireline-to-wireless number portability nondegradation rules to require wireless carriers to deliver 911 Phase 2 data in customer service area. Wireless carriers face Nov. 24 deadline for both number portability and pooling requirements and large carriers have been urging FCC to exercise forbearance on portability deadline. Filing by NENA and others challenges “the near-simultaneous implementation of wireless local number portability and number pooling, on the one hand, and wireless enhanced 911 Phase 2 service on the other hand.” Public safety groups told Commission they weren’t taking position on forbearance petition on portability filed by Verizon Wireless. Groups said their aim was to ensure 911 service wasn’t degraded by implementation of either wireless number pooling or portability requirements. They said: “A wireless carrier should not be permitted to accept a customer switching from a wireline carrier and retaining the wire telephone number unless the wireless carrier is capable of delivering to the customer Phase 2 wireless E911 service.” They also argued that wireless carrier, if FCC regulations were enforced, shouldn’t be allowed to accept customer from another wireless carrier and retain same wireless phone number “unless its E911 service matches or surpasses that of the losing carrier.” Wireless number portability testing by industry should involve FCC oversight to make sure all wireless carriers involved had test results that showed no degradation or interruption in national networks, “particularly as this applies to 911 and emergency services’ access,” NENA said: “The FCC should make it clear to the wireless industry leadership that it is essential that each wireless carrier have substantial proof, prior to wireless number portability/pooling implementation, that there will be no loss or diminution of 911 service and access to emergency services/public safety.” Groups said “summit meeting” of experts “in the very near future” would help resolve key issues with existing timelines. “Any negative impact could affect several million wireless 911 customers in first year of wireless number portability/pooling implementation,” NENA said.