FCC should reject Verizon’s application for long distance service in Mass. because company hasn’t met Sec. 271 checklist requirements, ALTS Pres. John Windhausen said in April 6 letter to agency. Deadline is April 16 for FCC to act on Verizon petition. Windhausen said Verizon’s “failure to comply with its market- opening obligations” had helped drive nearly all competitive DSL providers from Mass. market. Among deficiencies cited by letter: (1) Despite June 6, 2000, deadline, Verizon didn’t finish correcting splitter installation problems in its central offices until Feb. 15, making it unable to provide line sharing to competing providers until then. (2) Verizon hadn’t yet provided “preorder” operations support system (OSS) that included information whether loops could handle DSL. In interim, Verizon uses e-mail to send such information to competitors day after loop makeup request is submitted. That means competitors must wait a day to tell customers whether loops qualify for DSL while Verizon can tell customers instantly, Windhausen said.
Bush Administration’s fiscal year 2002 budget proposal would increase funds for FCC, but White House’s long term strategy is to level off agency’s spending over the next 4 years. According to govt. budget details released Mon., Bush would increase FCC’s FY 2002 budget to $248.5 million from current $230 million. Total proposed outlays, or “amount the [FCC] actually spends in a given fiscal year,” would increase to $320 million from $301 million. Spending in FY 2003 and 2004 would drop to $302 million, then increase by $1 million in FY 2005 and FY 2006, respectively, under plan.
BellSouth, SBC and Verizon together petitioned FCC April 5 to exclude high-capacity lines from Commission’s unbundling requirements. Requiring ILECs to offer high-capacity loops to CLECs at deep discounts no longer is necessary because there are plenty of companies offering such circuits, 3 companies said. If anything, unbundling requirement deters further development of facilities-based competition, they said in petition. At issue are circuits at DS-1 level or higher that are used by large businesses and institutions.
Primary factor in FCC decision whether broadcast material is indecent is “whether the material appears to pander or is used to titillate” or was “presented for its shock value,” FCC said in policy statement (FCC 01-90) on indecency. FCC Comr. Tristani predicted statement would become “how-to manual for those licensees who wish to tread the line drawn by our cases.” Comr. Ness said statement wouldn’t solve problem and urged broadcasters to reinstate voluntary code of conduct. Comr. Furchtgott-Roth said FCC should deregulate broadcast content entirely. NAB was still reviewing document at our deadline.
Underlying long distance companies will have to compensate payphone providers for coinless calls made by their resellers under FCC order released April 5. Order aims to ease payphone providers’ difficulty in collecting payment for calls handled by carriers that resell services of facilities-based long distance companies such as AT&T and WorldCom. Order also requires underlying carriers to track or arrange for tracking payphone calls to determine whether they are completed and thus subject to compensation. Resellers then would have to reimburse underlying facilities-based carrier for amount paid to payphone services as well as cost of tracking calls and making reports to payphone providers. American Public Communications Council (APCC) said it was “satisfied” with order because it clarified treatment of what were called “dial-around” calls, made with access code or toll- free number. FCC said 20%-50% of revenue for calls routed to switched-based resellers were uncollected. APCC said order was particularly important for consumers who didn’t have home phone because it would “keep payphones in place and continue to keep the cost of a payphone call competitive.” Order basically gives payment responsibility to “the first interexchange carrier to whom a dial-around call is routed from the local telephone company… rather than other carriers further down the chain that may not be accessible to the [payphone provider],” FCC said.
AT&T Wireless became latest carrier last week to seek waiver of FCC’s location accuracy requirements for Enhanced 911 Phase 2, seeking time to deploy handset-based technology through its GSM network and network-based solution for its TDMA customers. AT&T said its request was similar to conditional waiver for hybrid handset- and network-based solutions that agency granted to VoiceStream last fall. Request came at time that Cingular Wireless also appeared to be entertaining similar waiver request at FCC, although spokesman said Fri. that carrier hadn’t yet made decision. Groups representing public safety answering points that field 911 calls have objected to such waivers, raising concerns whether Commission’s upcoming deadline for E911 Phase 2 would be met.
NCTA and FCC filed separate briefs with U.S. Supreme Court Fri., asking it to overturn ruling by 11th U.S. Appeals Court, Atlanta, that held that Commission lacked authority to regulate pole attachment rates for cable-delivered Internet access. NCTA argued that pole attachment statute extended regulatory protections to “any attachment” by cable system, regardless of what services were provided using those attachments. Copy of FCC’s brief, filed by Solicitor Gen. Office, wasn’t available by our deadline.
N.C. Utilities Commission (NCUC) ruled calls to CLEC virtual local numbers such as foreign exchange (FX) numbers are local calls for reciprocal compensation purposes. Agency’s ruling was part of arbitration order settling interconnection contract impasses between WorldCom and BellSouth. BellSouth contended that calls originating in one local calling area and terminating in another couldn’t be local traffic by definition and must be treated as interexchange. It said regulators in Ill., Me. and Tex. all concluded that FX numbers weren’t local exchange, Conn. tentatively concluded same thing, and FCC ruled calls to FX number of out-of-state business were interstate traffic, not local. But NCUC sided with WorldCom in ruling that classification of call as local or toll depended solely on exchange prefix dialed by caller, not physical location of receiving party, as long as caller and recipient were in same LATA. NCUC said interLATA FX numbers would be interexchange, not local, for intercarrier compensation purposes. On related question, NCUC declined to rule on appropriate compensation treatment of Internet Protocol telephony, saying there was too much uncertainty surrounding issue. On other issues, NCUC said: (1) BellSouth didn’t have to unbundle operator or directory assistance services if it provided WorldCom with selective routing enabling CLEC to reach alternative operator service provider. (2) BellSouth must provide unbundled dedicated transport along routes where facilities existed, but wasn’t obligated to construct new dedicated transport routes for CLEC. (3) BellSouth was entitled to be paid for any extraordinary functions it performed if requested by WorldCom to deal with 3rd party carrier for reciprocal compensation. (4) Reciprocal compensation for Internet-bound local calling would be subject to later true-up once FCC decided on compensation method for Internet-bound calls. (5) BellSouth must notify WorldCom if it sold property on which WorldCom had installed facilities. (6) BellSouth must notify NCUC if it intended to disconnect WorldCom’s wholesale services for nonpayment at same time notice went to WorldCom. (7) WorldCom had right to opt into terms of any other BellSouth-CLEC interconnection agreement, but BS wasn’t required automatically to provide WorldCom with copies of other interconnection agreements it made.
Sen. Frist (R-Tenn.) introduced bill (S-722) April 4 that would require FCC to develop regulations to constrain telemarketers from interfering with or circumventing consumers’ caller ID services. Sens. Lugar (R-Ind.) and Reed (D-R.I.) are co-sponsors. House Commerce Committee (CD March 1 p3) in Feb. referred to full House companion legislation (HR-90) by Rep. Frelinghuysen (R-N.J.).
FCC Wireless Bureau is extending deadline for filing reply comments by one week to April 24 on privacy petition submitted by CTIA on proposed principles for protecting privacy of location- based information. CTIA last year requested rulemaking that would address best practices for wireless industry on location-specific information on wireless devices, including opt-in provision to protect subscriber privacy. As expected, Electronic Privacy Information Center (EPIC) submitted comments Fri. backing CTIA petition, which asked agency to develop technology neutral rules on collection and use of location information. Petition asked Commission to implement 1999 legislation that required commercial mobile services providers to obtain express prior authorization of consumers before using or disclosing location data. EPIC told agency it supported opt-in approach and particular scrutiny should be paid to unique characteristics of wireless devices when creating mechanisms to protect user information and notify consumers of their rights. “From the average user’s perspective, the only common denominator among these devices will be the desire to control the collection and use of location information,” EPIC Gen. Counsel David Sobel said. “The legal protections should accommodate that desire.” As for comment extension, Wireless Bureau said it was responding to motion by Sprint Spectrum to extend reply comment 30 days.