Upcoming Telecom events: (1) Columbia Institute for Tele-Information (CITI) sponsors seminar March 4 on “Role of Wholesaling Access in Stimulating Investment,” Columbia U., N.Y.C. Speakers include analysts, regulators -- 212-854-4222 or www.citi.columbia.edu. (2) N. American Numbering Council meets March 12-13, FCC hq -- 202-418-2320. (3) Indian Telecom Training Initiative, sponsored by FCC and National Exchange Carrier Assn., will be Sept. 7-10, starting day earlier than previously announced, Bally’s Hotel, Las Vegas. Program will give tribal leaders information about deploying telecom services -- www.fcc.gov/indians.
FCC’s Local & State Govt. Advisory Committee (LSGAC) recommended Commission “unambiguously” classify cable modem service as cable service to avoid litigation, delay and further investment uncertainty in build-out of cable service. Localities and capital markets need predictability and certainty of established legal precedent, LSGAC said, and existing legal and policy framework for cable services is “clearly understood and working well and provides explicit rights and remedies to cable operators, subscribers and information service providers.”
FCC Wireless and Mass Media bureaus said stakeholders could take part in process to develop uniform procedure to review communications towers and antennas. Bureaus have been working with Advisory Council on Historic Preservation (ACHP), National Conference of State Historic Preservation Officers and ACHP Telecom Working Group. Groups have focused on evaluation and mitigation of adverse effects on towers and antennas on properties that are listed or eligible for listing on National Register of Historic Places. Such evaluations fall under Sec. 106 of National Historic Preservation Act. State prototype program agreement on which groups are working would streamline Sec. 106 review process and create uniform procedure that each state or tribe could adopt or use as model. Bureaus invited participation by Indian tribes, Alaska Native villages and tribal historic preservation officers in drafting and negotiating of agreement -- 202-418-7444.
FCC announced formal approval Thurs. of major portion of agency realignment following consent of all 4 commissioners and approval by National Treasury Employees Union Local 209. Agency must notify Congress of changes before they can become effective, and Chmn. Powell indicated in news conference that lawmakers could seek changes in plan, but were unlikely to do so. Bureaus seeing most changes are: Mass Media and Cable Services, which will be combined into new Media Bureau; Common Carrier, which will become Wireline Competition Bureau; International Bureau, which, like others, will see some of its duties change.
Under newly accelerated timeline, govt.-industry group now is aiming to have agreement by late spring or early summer to streamline siting decisions for both wireless and broadcast towers. Telecom working group organized by Advisory Council on Historic Preservation (ACHP) has been working on streamlining Sec. 106 historic preservation siting requirements by spelling out for both state historic preservation officers and industry what is needed for compliance. Sec. 106 of National Historic Preservation Act (NHPA) requires federal agencies to consider effects of their undertakings on historic properties. Target of first half of this year for crafting prototype program agreement marks acceleration of timelines for groups to put process in place. FCC also has clarified that broadcast facilities -- as well as telecom towers -- were covered by that language. In related development, FCC Wireless and Mass Media Bureaus on Thurs. released long-awaited fact sheet to provide guidance on nationwide program agreement for colocation of wireless and broadcast towers, which had been finalized in March. That agreement streamlines review procedures for colocations of antennas under NHPA, while pending prototype covers new sites.
Space Data was high bidder on more than 1.4 MHz of national narrowband PCS spectrum in FCC auction of 900 MHz band. Space Data said it would pay $4.2 million for licenses after small business and tribal bidding credits were taken into account. “This is an extraordinary value,” Chmn. Jerry Knoblach said: “In 1994, at the first FCC narrowband PCS auction, this much spectrum would have cost more than $1.1 billion.” Space Data said it planned to use spectrum to deploy technology that used weather balloons combined with communications technology to provide broadband services to rural areas. Company said it planned to operate mostly as carrier’s carrier by serving existing wireless providers, allowing them to extend reach of their networks without cost of building towers or turning to satellites. FCC Wireless Bureau had approved company’s balloon-based technology in Sept. When Commission approves its license applications, Space Data said it will hold licenses that cover 1.5 MHz of nationwide spectrum. It said it had patents pending for its “unique technology.” Company indicated it already had raised private funding to develop its technology and finance its spectrum acquisitions and now planned to arrange institutional financing to roll out its network. Space Data also said that Jicarilla Apache Nation in N.M. had adopted resolution that required that company receive bidding credits under FCC’s auction program.
FCC rescheduled this year’s Indian Telecom Training Initiative (ITTI) to Sept. 8-11, 2002, at Bally’s Las Vegas. In conjunction with National Exchange Carrier Assn., ITTI 2001/2002 will provide American Indian tribal and Alaskan Native Village leaders and other parties opportunity to obtain and share information on increasing telecom services on tribal lands, Commission said. Attending will be FCC experts, other govt. agencies, telecom companies.
Advisory Council on Historic Preservation (ACHP) and Justice Dept. are “studying the possibility” of appealing recent U.S. Dist. Court, D.C., decision that upheld -- with 2 exceptions -- ACHP siting regulations under Sec. 106 of National Historic Preservation Act (CD Sept 26 p10). Final rule challenged by CTIA and National Mining Assn. had implemented Sec. 106. Rule set regulations for wireless towers and other facilities on siting and environmental impact on historic properties. Court had upheld Sec. 106 except provisions that allowed ACHP to reverse finding by federal agency that siting decision had no impact on historic properties or “no adverse effects.” ACHP said objection by council or state or tribal historic preservation officer of “no historic properties affected” finding required federal agency to move to next step. At that next level, agency would assess whether effects of siting proposal were adverse. If ACHP objected to “no adverse effect” finding, agency had to try to resolve impact. While ACHP and DoJ are weighing whether to appeal invalidated provisions, council said it would provide “opinions” to federal agencies on findings of no adverse effects “whenever appropriate.” ACHP said: “However, such opinions will be advisory and will not require the federal agencies to continue to the next step in the Sec. 106 process.” If state or tribal historic preservation officer doesn’t agree with finding by federal agency that no historic properties are affected, ACHP said agency official should notify council “and seek an advisory opinion.” ACHP said that interim step wasn’t mandatory but “would help resolve disputes and avoid the potential for litigation or other delays.” CTIA had challenged final rule as part of ACHP’s authority to promulgate regulations that would bind FCC. CTIA also had contended that rule was arbitrary and unconstitutional.
FCC has much bigger job -- to protect public’s interest, chiefly its safety -- than anyone could have imagined just 5 weeks ago, Comr. Copps said Mon. In speech to Federal Communications Bar Assn. (FCBA), he said Sept. 11 terrorist attacks caused many in federal govt. to rethink their agencies’ role. FCC now “must be in the vanguard of our homeland security efforts,” he said. Among first tasks, Copps said, is for Commission and industry to determine which parts of nation’s telecom networks performed well, which failed, repair damage, establish “redundancies” in networks that will allow citizens to communicate during crises, even when one system fails. He cited example of his own family. His son, student at Gonzaga High near Capitol, tried to get through to his parents by wireline and wireless without success. But, much to his worried parents’ relief, he was able to reach them over school’s Internet connection to tell them he was okay. “If Sept. 11 was about anything other than evil, it was about communications,” Copps said, citing “desperate outreach from each of us as citizens to find out what was going on, where our loved ones were, what other threats were coming our way.”
With Comr. Martin dissenting, FCC designated Western Wireless as eligible telecom carrier (ETC) for universal service support for Pine Ridge Indian Reservation in S.D. Order released late Fri. concluded that FCC, not S.D. PUC, had jurisdiction over decision on whether to grant ETC status to Western Wireless for service. Commission said S.D. PUC should make ETC determination for providing services to nontribal members on Oglala Sioux Tribe’s reservation. Companion order designated Western Wireless as having ETC status for serving tribal population, move that S.D. PUC and some LECs had opposed. In Aug. 2000, Oglala Sioux and Western Wireless had signed agreement for wireless universal service offering on Pine Ridge, where tribal members comprise 91% of population. PUC had argued that Western Wireless was subject to state’s general regulatory authority over service quality and prohibitions against unreasonable rate and service discrimination. State also contended it was in better position to make public interest determination on whether to permit additional ETC carrier for area now serviced by ILEC. “Although we are sympathetic to state concerns about maintaining uniformity and preventing unjust and unreasonable discrimination in telecommunications statewide, we are persuaded that the tribe’s interests in regulating service quality and determining the procedures by which to resolve complaints between Western Wireless and its tribal members are more compelling,” FCC said. While states typically are more familiar with local circumstances, it said: “Here we have been presented with a full record detailing the Oglala Sioux Tribe’s sovereignty interests and its desire to regulate the relationship between the carrier and its own tribal members.” Sec. 214 of Communications Act sets out that where state lacks jurisdiction, FCC will make public interest determination on whether carrier should be designated as ETC. “Perhaps most importantly,” Commission said regulated wireline carriers, unlike Western Wireless, hadn’t consented to tribal jurisdiction. However, FCC disagreed with Western Wireless contention that agency should declare tribal jurisdiction over all of Western Wireless’s service on reservation. In dissent, Martin said part of Sec. 214 of Communications Act at issue was written by Congress based on concerns that some Indian-controlled carriers couldn’t obtain forum in which to seek ETC status due to jurisdictional limits of state PUCs. “In my view, the Commission has taken a misguided approach to effectuating Congress’s intent,” he wrote: “Rather than simply ensuring that carriers have a place to go when state commissions or courts conclude that a state lacks jurisdiction, the Commission has made itself the arbiter of competing jurisdictional claims made by states and Indian tribes.” Martin also highlighted “legal and practical problems” of order. “Among other things, we have set up a regime in which Western Wireless will receive universal service funding for serving Indians, but not non-Indians, even if they live on the same land.” He expressed concern that order would encourage “more parties to come before the Commission seeking to displace state claims of jurisdiction.” Western Wireless said grant of ETC status on Pine Ridge reservation meant “the FCC has empowered the tribe to have a real choice and resolve the long-standing telephone service problems on the reservation.” Company said that within one month of starting wireless phone service on reservation in Nov. 2000, it had more than 1,000 customers.