There’s “absolutely no rational public policy basis” for imposing use restrictions on enhanced extended links (EELs) and FCC ought to lift them, CompTel said in comments to agency April 5. EELs are combination loop-transport facilities that CLECs want to use as unbundled network elements (UNEs) to provide local phone service. ILECs fear those combinations also could be used by long distance providers to avoid paying special access rates to ILECs. EELs, based on Total Element Long-Run Incremental Cost (TELRIC) rates, are cheaper than special access tariffs. CompTel said local competitors had to lease higher priced special access alternatives from ILECs such as T-1 lines, multiplexing and transport because EELs rarely were available. “The only effect of the use of restrictions is to guarantee the ILECs a certain revenue stream from their tariffed special access services,” association said. ALTS urged FCC to take several steps to improve access to EELs: (1) Endorse process in which CLECs would self- certify that they were using EELs in approved way. (2) Implement process that set deadlines for ILECs to make billing change that transferred CLECs from special access to EELs. (3) Let CLECs use EELs for data services. (4) Establish enforcement procedure to assure ILECs provided EELs to CLECs. SBC and Verizon filed joint comments warning that sanctioning EEL combinations “would confer an undue windfall” on long distance providers that would use them to get “unwarranted discounts” from special access rates they now paid. On other hand, denying CLECs access to high-capacity loop- transport combinations wouldn’t “impair” competitors, SBC and Verizon contended.
FCC Chief of Staff Marsha McBride and other staffers will speak at Forum on Communications Law sponsored by American Bar Assn. April 22 in Las Vegas, just before NAB convention. Other participants will include Mass Media Bureau Chief Roy Stewart, Senate Commerce Committee staffer Paula Ford, House Commerce Committee staffer Jessica Wallace -- 312-988-6140.
FCC Wireless Bureau granted waiver request by Nextel to operate on 65 Canadian primary frequencies on secondary basis in 800 MHz along part of U.S.-Canadian border. Nextel had sought waiver after Clearnet recently acquired frequencies in Windsor, Canada, area. Both carriers signed agreement for frequency reuse plans that extend along U.S.-Canada border and facilitate roaming. Commercial Wireless Div. of bureau said in order released Mon. that U.S. and Canada now shared use of 800 MHz bands along border under negotiated mutual agreement that designated certain frequencies for U.S. primary use and others for Canadian primary use. Frequencies primarily allotted for unrestricted use by one agency can be assigned for use in border area by other country if certain conditions are met, order said. Bureau approved waiver for Nextel to operate on secondary basis “on frequencies which are not specifically allocated for U.S. operation under Commission rules.”
Among names surfacing with increasing frequency as possible Bush White House nominee to head NTIA is Level 3 Vp-Govt. Relations Tricia Paoletta. Paoletta was majority telecom counsel for House Commerce Committee when it was chaired by then Rep. Thomas Bliley (R-Va.). She also is former dir.-telecom trade policy in Office of U.S. Trade Representative and earlier spent 5 years at FCC, including as senior legal adviser to chief of International Bureau.
Satellite Receivers filed reply comments in support of spectrum sharing in 12.2-12.7 GHz spectrum band as FCC has proposed in MVDDS rulemaking and order (CD April p6). Satellite Receivers also wants technical standards imposed and for band to be opened up to MVDDS providers other than Northpoint. “The day of monopoly service providers has long passed,” filing said.
Viacom said it was “extremely pleased” by stay on compliance with FCC ownership cap issued by U.S. Appeals Court, D.C. Decision means Viacom won’t have to divest some of stations acquired in takeover of CBS pending review of overall ownership cap. FCC Comr. Furchtgott-Roth, who dissented when Commission rejected Viacom petition to suspend national ownership cap, told us he wasn’t surprised by court decision. He said he was surprised that FCC had filed brief with court saying stay request should have been dismissed on procedural grounds. Stay request was based on same First Amendment argument that court upheld in Time Warner cable ownership cap case, Furchtgott-Roth said, but FCC brief generally ignored that argument: “The D.C. court stay puts the FCC in an unfavorable light.” He said whenever court upholds First Amendment argument, FCC ought to actively review any rules that might be subject to same argument.
Wireless carriers were split over how active FCC’s role should be in creating rules to protect privacy of location-based information of mobile customers. CTIA asked Commission last year for rulemaking to adopt proposed location information privacy principles, including notice, consent, security and integrity of consumer data. Association sought regulations to implement part of 1999 Wireless Communications & Public Safety Act. But largest U.S. mobile carrier Verizon Wireless told FCC in comments that while it supported 4 privacy principles proposed by CTIA, it didn’t believe new regulations were needed. Sprint PCS didn’t go quite so far, saying it supported adoption of principles via rule or policy statements but didn’t believe new, detailed regulations are needed. Cingular Wireless, Ericsson and Nokia largely supported CTIA petition for rulemaking. However, PCIA said FCC should examine issue, “but should be wary of adopting any new regulations that could suffocate exciting new technologies and services.”
FCC missed self-imposed April 8 deadline for making decision on VoiceStream-Deutsche Telekom merger, although decision reportedly is expected later this week or early next. It gave no reason for delay.
Despite current problems, residential and business DSL will be $5 billion business by 2005, vs. $1.8 billion today, New Paradigm Resources Group (NPRG) said in new report. Few competing technologies can provide last mile broadband connectivity and market will support DSL’s continued growth, report said. “The next generation of DSL providers will have a better handle on how to offer DSL services,” NPRG Senior Vp Craig Clausen said. “The provisioning of DSL proved much more difficult than initially thought: It was a 50-50 crap shoot whether a new customer would be within the distance limitation, and beyond that, it was another 50-50 chance that the customer would have a phone line with proper conditioning.” DSL business models also are flawed, he said. “Early DSL providers had no idea how to interface with and collect from the ISPs.” While report predicted next generation of DSL providers, including CLECs, would be profitable, Clausen said he expected little regulatory help for CLECs. “The most we'll see from the [FCC Chmn. Michael Powell] is some additional enforcement” of existing rules, he said; existing technology will need to improve to make current regulatory environment workable -- NPRG, 312-980-4796.
Rebecca Beynon, common carrier adviser to FCC Comr. Furchtgott-Roth, moves to Office of Management & Budget as asst. gen. counsel, succeeded by Samuel Feder, ex-Harris, Wiltshire & Grannis… Idaho PUC members elected Comr. Paul Kjellander to 2- year term as agency pres., succeeding Dennis Hansen, who remains PUC member… Charles Keller, ex-FCC Common Carrier Bureau, named partner, Wilkinson, Barker & Knauer… John Zeisler, independent investor, becomes gen. partner, Nokia Venture Partners.