ABERNATHY: BROADBAND PROCEEDINGS MOVING AHEAD AT FCC

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.

Abernathy also reiterated FCC timing for releasing notice of proposed rulemaking this month to address issue of incumbent LEC that didn’t offer DSL transport at retail but instead offered it as part of Internet access service. Question of carriers’ DSL resale obligations was raised in FCC decision that allowed SBC to offer long distance in Mo. and Ark. At the time, agency said it would address that issue as part of separate rulemaking (CD Nov 20 p2). That NPRM will be released “sometime this month,” Abernathy said. Regulatory treatment of transmission facilities provided by ILECs to affiliate ISPs has potentially broad ramifications, Abernathy said. “If we rule that broadband Internet services offered by the LECs are information services, that has some serious implications for universal service and our universal service program,” she said.

Broad NPRM that covers how to classify service that ILEC provides as part of DSL offering will be coordinated with separate proceeding on dominant-nondominant regulatory scheme, Abernathy said. Dominant-nondominant item is on agenda for FCC’s meeting Wed. and tees up NPRM to begin comprehensive look at appropriate regulatory framework for ILEC provision of broadband services. Item stems from SBC petition for ruling that it was nondominant in providing advanced services and for forbearance from dominant carrier regulation of those services. Somewhat “narrower” is separate item also set for Wed. agenda, Abernathy said. That is triennial review of unbundling obligations of ILECs, which will consist of NPRM to examine definitions and rules for access to ILEC unbundled network elements. On broadband cable, Abernathy said there were several procedural options, including issuing NPRM to follow up on earlier notice of inquiry.

In other areas, Abernathy stressed importance of preparations for World Radio Conference (WRC) meeting in 2003 in Caracas, Venezuela. Among key impacts of WRC decisions is extent to which those policies will shape global scale and scope of telecom companies, she said. As example, she said one proposal to be considered at WRC was for “global Internet in the sky,” which would operate in 14 GHz band. Decisions at WRC also have impact on benefits of global or regionally harmonized bands. Abernathy noted that at WRC 2003 was proposal for globally or regionally harmonized bands for public safety services. Goal is for same type of interoperability U.S. has been trying to achieve among public safety users in 700 MHz band, but on international basis, she said. Among proposals at WRC 2003 that affect global service providers, Abernathy said, are: (1) For global allocation for Little Low Earth Orbiting (LEO) satellites at 1.4 GHz. (2) For high-definition fixed satellite service. International interference rules typically come up at WRC meetings, she said, and issue is expected to arise at next meeting from parties interested in imposing power limits on GPS. Abernathy said her Web page had been updated so that requests for appointments with her or one of her staffers could be handled online.

Asked whether ultrawideband item would remain on Wed. agenda, Abernathy said it “could, but it might not.” She said technology offered promising new applications but “there are some critical interference issues that have to be worked out.” FCC has enough information now to “take a conservative approach,” she said. “I view it ultimately as a continuum,” since policy could focus initially on services that first could be rolled out to public without creating interference problems. “Later on we may have more and better information” that would allow policymakers to determine whether rules needed to be revised or changed, Abernathy said.

On FCC’s announced plan to merge Mass Media Bureau and Cable Bureau (CD Sept 14 p1), Abernathy told reporters there was nothing formally before commissioners to accomplish that. Chmn. Powell had told us month ago that he expected merger to be completed by year-end and Abernathy said “I suppose that’s possible… I just don’t know where we are” at present. As for continuing transition to DTV, she said issues are much more complicated than envisaged several years ago when analog stations were ordered to make switch. On stations in upper analog band voluntarily moving to make room for public safety services, Abernathy said: “Even if you offered them a lot of money, I don’t know where they would go.” Of pending EchoStar-DirecTV merger, she said: “I'm not aware of any specific deadline” for FCC to act, but “it’s going to take a while and then there will be coordination with the Justice Dept.” She said Commission wouldn’t wait on Justice to act first.