If Comr. Abernathy had to list one disappointment in her 4-1/2 years at the FCC it’s that agency efforts for a media ownership rule didn’t fare better, she told us. “I wish we could have created better certainty in that market regardless of what the numbers are,” Abernathy said in an interview: “That was not to be -- for lots of reasons, including directions from different courts, very significant political issues and the unbelievable complexity of figuring out what are the right numbers.”
The FCC should open a rulemaking to protect ILECs from excessive pole attachment fees charged by electric companies and other utilities, ILECs said in comments filed late Fri. Backing a USTelecom petition, the National Telecom Co-op Assn. said the FCC pole attachment rules “unreasonably discriminate against… ILECs” through an inaccurate reading of Sec. 224(b) of the Communications Act. The section, which once protected only cable systems, was expanded by the Telecom Act to include CLECs and other “telecommunications carriers.” But the Act seemed to exclude ILECs from the “telecommunications carriers” definition, so FCC pole attachment rules don’t cover them. And other language in Sec. 224 uses the term “provider of telecommunications service,” which does include ILECs, NTCA said. Sec. 224(b) “should not and was never intended to be exclusive of ILECs,” NTCA said. BellSouth said “ILECs are increasingly experiencing unfair and unreasonable treatment when seeking to attach to the poles of other utilities.” Energy utilities, not ILECs, own the most poles nationwide, so “the assumption that ILECs are always in a superior bargaining position is simply not the case,” BellSouth said in its filing. Some energy utilities “have demanded excessive rates that bear no relation either to the amount of pole space occupied by BellSouth or comparable increases in the Consumer Price Index,” BellSouth said. USTelecom asked the FCC to clarify that ILECs are entitled to reasonable rates under Sec. 224, urging they be allowed to use Commission pole attachment complaint procedures.
The FCC took up many arguments of Bells in seeking comments on the efficiency of how local franchise authorities (LFA) award video licenses. The notice of proposed rulemaking reflected some priorities of Chmn. Martin, who wants to speed the expansion of video services by firms including Verizon. In asking whether local mandates to build out service to an entire municipality instead of a smaller area currently served by a telecom firm hinder competition, the review reflects a major Bell concern.
PALM SPRINGS, Cal. -- The telecom market 10 years from now will be very different from today, but there still will be a role for regulators, said speakers at a panel looking toward telecom in 2015 that concluded the NARUC annual convention here.
PALM SPRINGS, Cal. -- Broadband consumer protection and disaster recovery issues dominated telecom discussions at the NARUC meeting here. But NARUC panels on broadband- related policy resolutions either tabled or refocused resolutions when states sparred on how or whether to voice broadband concerns.
By the end of the year, the FCC is expected to resolve several wireless proceedings, agency and industry sources said. The Commission is close to acting on a Remington Arms Co. petition and an air-to-ground (ATG) proceeding, plus 2GHz MSS spectrum reallocation, E-911 waiver petitions, designated entities, broadband radio service (BRS) and educational broadband service (EBS) rules. “Remington will be the first, and then ATG, then it’s up in the air,” an FCC source said.
The FCC extended national warning system rules to digital broadcast and cable TV, digital audio broadcasting, satellite radio, and DBS -- previously not subject to Emergency Alert System (EAS) controls. All 4 commissioners called the move the first step of many in an EAS reform that will account for new technology and language diversity. A Further Notice of Proposed Rulemaking seeking comment on several topics, such as integration of wireless technologies and telco fiber-to- the-home into the alert system, accompanied the Thurs. order.
In a win for Bells and FCC Chmn. Martin, the Commission opened what officials called a “broad” inquiry into its power to ensure municipalities fairly award broadband franchises. Unveiling a proposed rulemaking on local franchise authority (LFA) obligations, FCC staff said they “tentatively” found the Communications Act allows Commission oversight in this area.
Bells prevailed in their quest for FCC review of the local franchising process, which the Commission is scheduled to kick off at its Thurs. meeting. The action, supported by Chmn. Martin (CD Oct 27 p3), won’t be opposed by cable if it’s a balanced inquiry examining both incumbent video providers and nascent pay TV services from firms including Verizon. That company, the only Bell selling video service, said it welcomed the notice of proposed rulemaking (NPRM) on whether legislation barring discrimination in awarding franchise licenses is being followed by local franchise authorities (LFAs). The NPRM may solicit comment on FCC authority to enforce some legislative provisions and state franchise laws, sources have told us (CD Oct 21 p10).
LAS VEGAS -- FCC Chmn. Martin told Telecom ‘05 he'd like to see action on IP video franchising at the FCC’s Nov. agenda meeting. Martin said he wants comments on whether there’s a role for the FCC in assuring new entrants into video services aren’t impeded by local franchising activities. Martin spoke live by satellite link because he didn’t want to leave Washington. His wife expects to deliver their first child any day. He told the group appearing “virtually” may be particularly appropriate at a conference that has been emphasizing technology as a way to make life more efficient.