Senate resumed consideration Tues. of Agriculture Committee report (S. Rpt. 76-567) for agriculture, nutrition and rural development bill (S-1731) that would provide $100 million in annual assistance for FY 2002-2006 for rural broadband deployment projects. Rural Utilities Service- administered program would provide grants for broadband infrastructure and equipment in communities with populations under 20,000, but committee wants to focus that assistance on localities with fewer than 2,500 residents. Report also would finance loans for projects in those communities at 4% annual interest or “current applicable market rate.” Loans could be used to refinance outstanding obligations under previous Dept. of Agriculture loans for telecom projects “if the use of the proceeds for that purpose will further the construction, improvement or acquisition of facilities or equipment for the provision of broadband services in eligible rural communities.” Report recommended support for broadband projects without making preference for type of technology used. It also sought to clarify definition of what constitutes broadband service by requiring that Agriculture Secy. periodically review definition to ensure that it applies to technologies that have “the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics or video.” It said that action “would encourage new broader bandwidth technologies that provide significant progress toward higher bandwidth service in rural areas and that the program will foster the development of a variety of technological applications including terrestrial and satellite wireless services.” Committee said it expected Secy. to participate in any FCC or Dept. of Commerce proceedings or studies involving “the future of broadband services and the markets for such services.”
FCC Wireless Bureau said late Tues. it would seek comments on VoiceStream’s petition for waiver on its proposal to provide priority access service (PAS) to National Communications System. Commission recently sought comment on similar waiver request by Verizon Wireless. Comment on VoiceStream waiver is sought by Dec. 18, with Dec. 26 as reply date. PAS allows national security and emergency preparedness personnel in emergencies to gain access to next available wireless channel without preempting calls already in progress. In Oct. 2000, FCC issued rules that didn’t make it mandatory that carriers provide PAS but set out uniform operating protocols for carriers who provided it voluntarily.
FCC Common Carrier Bureau seeks comment on IT & E Overseas’ petition for designation as eligible telecom carrier to receive federal universal service support for service in Guam. Comments are due 30 days after publication of notice in Federal Register.
FCC Common Carrier Bureau gave Verizon 45-day limited waiver allowing company to implement network change so it and IBM could provide replacement services to Bank of N.Y., whose Wall St. area facilities were destroyed in Sept. 11 terrorist attacks. Commission said it waived its 10-day notice requirement because of special circumstances and because IBM, only party affected by network change, supported it. Agency said it was relying on Verizon to ensure changes wouldn’t adversely affect any competing service provider’s performance or ability to provide service, nor adversely affect Verizon’s interoperability with any other service provider. FCC gave other parties until Dec. 17 to comment on Verizon’s proposed network change.
Ranking House Commerce Committee Democrat Dingell (Mich.) and Rep. Markey (D-Mass.) asked FCC for more details on proposed NextWave settlement, which will be focus of House Telecom Subcommittee hearing today (Tues.) Dingell and Markey, who is ranking subcommittee member, asked Commission to furnish details by 6 p.m. Mon. on settlement reached among U.S., Jan. re-auction winners in C-block auction and NextWave. In letter written Fri. to FCC Chmn. Powell, Dingell and Markey said settlement and implementing legislation would “have profound implications for the American taxpayer and for future telecommunications and spectrum management policy.” They said they were seeking more information as part of settlement parties’ request for “expedited consideration” of implementing legislation. Key caveat of NextWave settlement, which would provide $10 billion to U.S. Treasury, is that implementing legislation be passed by Dec. 31. Among 18 questions that Markey and Dingell posed to FCC were: (1) How much money NextWave would receive from settlement before and after federal taxes. (2) Which rules FCC would need to waive to put settlement agreement into effect. (3) What steps FCC has taken on petition filed over summer by Alaska Native Wireless, Verizon and VoiceStream, which sought probe of eligibility of NextWave to hold C- and F-block licenses. (4) Whether FCC was satisfied that NextWave now was qualified licensee under designated entity and foreign ownership rules at FCC. (5) Whether FCC had evaluated NextWave’s financial structure submitted to U.S. Bankruptcy Court, White Plains, N.Y., in Aug. (6) Whether Commission had examined how proceeds of settlement that NextWave would receive would be distributed between its control group and noncontrol group investors. Dingell and Markey noted that Powell had described settlement as resolution that would maximize public interest. “We, too, support a public interest resolution to this matter and are curious as to what public interest conditions the Commission sought to obtain in the settlement agreement with the parties,” letter said. It asked whether settlement would impose conditions on carriers that would receive NextWave licenses, such as whether they would expedite deployment of Enhanced 911 technology. Senate Commerce Committee Chmn. Hollings (D-S.C.) released “Dear Colleague letter Mon. expressing his opposition to the proposed resolution of NextWave spectrum auction case. Hollings described arrangement as “private, back-room settlement [that] is fundamentally at odds with telecommunications and has been presented to us at the eleventh hour.” He urged members not to “legislate a scam,” which he said would happen if Congress acted hastily on matter: “There is no reason for Congress to legislate this settlement. Congress doesn’t legislate FCC decisions. Regardless, since the 2nd Circuit Court found for the FCC and the D.C. Circuit found for NextWave, why should we legislate the wrong result?” Meanwhile, House Telecom Subcommittee released witness list for Tues. NextWave hearing, 3 p.m., Rm. 2123, Rayburn Bldg.,: FCC Chmn. Michael Powell, Verizon Wireless CEO Denny Strigl, NextWave Gen. Counsel Frank Cassou, Urban Communicators Corp. Secy. James Winston.
FCC granted must-carry complaint filed by Entravision, licensee of WJAL (Ch. 68, Ind.) Hagerstown, Md., against DirecTV. Commission ordered DirecTV to begin carrying WJAL’s signal by Jan. 1 or within 75 days after station provides good signal to DirecTV’s local receive facility. WJAL said DirecTV was providing local-into-local satellite service in its Washington, D.C.-Hagerstown market. DirecTV said WJAL didn’t provide quality signal to its receive facility, but station committed to delivery of its signal through alternate means.
FCC gave 30-day extension to USTA, BellSouth and CompTel for comment on Unbundled Network Element (UNE) measurements and standards notice. Petitioners said initial comment schedule fell within holiday season and wouldn’t provide opportunity to consider complex issues involved. Commission granted 21-day extension because it said it wanted to obtain complete record with input from both carriers and state public utility commissions. Comments now are due Jan. 22.
N.C.’s utility consumer advocacy agency recommended that state support BellSouth’s interLATA long distance entry. N.C. Public Staff recommended that N.C. Utilities Commission (NCUC) endorse BellSouth’s Sec. 271 petition to FCC in 195- page recommended order proposed for NCUC adoption. Consumer agency said it appeared BellSouth had complied with all 14 points of Sec. 271 checklist, saying “barriers to [local] entry have been removed and [BellSouth] local markets are open as required” by Telecom Act. Public Staff urged NCUC to adopt strict wholesale performance measurements and penalties like those approved by Ga. PSC, to take effect month after FCC grants N.C. long distance approval. Agency urged NCUC to reaffirm its previous position that BellSouth long distance entry would benefit public interest through more choice, better service, lower rates. NCUC has just about wrapped up record and BellSouth is hoping for final state decision around end of year. FCC is scheduled to rule on BS interLATA applications for Ga. and La. by Dec. 31. It also has long distance entry endorsements of Miss. and S.C. regulators.
Several upcoming proceedings at FCC could “clarify the regulatory scheme that applies to broadband,” FCC Comr. Abernathy said at press breakfast Mon. She noted that Commission had issued notice of inquiry last year that covered issues such as how cable modem service should be classified, particularly whether it was cable service, information service or something else (CD Sept 29 p4). “We hope to move on this issue or issues sometime in the early part of next year,” she said.
FCC Comr. Martin will speak at conference on international telecom policy Thurs. sponsored by American Enterprise Institute. Conference will look at whether U.S. should “export” American telecom principles to other nations through trade policy -- www.aei.org or 202-862-5907.