As state legislatures opened their 2003 sessions, sampling of new bills showed lawmakers focusing on state regulatory commissions along with telemarketing. Major regulatory measures included Minn. bill to totally deregulate broadband and Ind. bill giving regulators needed power to enforce their rules. Telemarketing front saw more new bills for no-call lists and other restrictions on phone sellers, including Ind. bill that took aim at telemarketing campaigns by political candidates.
FCC on Fri. issued rulemaking seeking comment on memorandum of understanding (MOU) reached by cable and consumer electronics (CE) manufacturers on “plug-and-play” compatibility. Cable and CE companies announced agreement last month on integrated one-way digital cable TV receiver and unidirectional digital cable products (CD Dec 20 p1). Proceeding seeks comment on MOU and proposed FCC rules 2 industries suggested in MOU, as well as potential impact on consumers, small cable operators and multichannel video program distributors (MVPDs) other than cable operators. FCC also seeks comment on whether it has jurisdiction in that area, including creation of encoding rules for audiovisual content provided by MVPDs. On issues not addressed in MOU, such as down-resolution of programming, agency seeks comment on whether any action is needed or authorized. Comments are due March 28, replies April 28.
LAS VEGAS -- Fixing FCC’s “broken” spectrum policies is among agency’s top priorities, FCC Chmn. Powell said Fri. at Consumer Electronics Show (CES) here, and unlicensed spectrum bands are providing some of “lessons” directing Commission action. He also said Commission’s quick action Fri. on cable compatibility (see item elsewhere in issue) showed DTV remained priority, but he suggested he would be cautious about easing broadcaster deadlines for DTV transition.
House Internet Caucus Co-Chmn. Boucher (D-Va.) will soon re-introduce fair use legislation he first offered in waning days of 107th Congress, and he said because of growing numbers behind reform of Digital Millennium Copyright Act (DMCA) “I will predict that we will be successful.” He also said there were several areas where Congress could act if FCC declined, such as broadband and digital TV issues.
Docket for FCC’s rulemaking on broadcast ownership showed consumer groups and unions generally pitted against companies. Comments were due Thurs. (CD Jan 3 p1), and FCC’s Web site, which generally runs behind, had logged 1,669 filings as of Fri. afternoon.
NAB proposed that FCC adopt new approach to boost prospects of struggling local broadcasters by allowing duopolies under certain circumstances. Under NAB’s proposal, Commission would adopt presumptive “10/10” rule for allowing TV duopolies in designated market areas (DMAs). Under that standard, 2 stations each with year-long average 7 a.m.-1 a.m. share of less than 10 could be commonly owned, and station with share of 10 or more could be co-owned with another with share of less than 10. “This reformed rule would provide needed financial relief for struggling lower rated stations, especially those in medium and small markets, while still promoting diversity and competition by preventing the combination of 2 high-rated stations in the same market,” NAB said in filing at FCC.
Recent agreement by cable and CE industries on cable-DTV plug-and-play standard and other DTV transition issues (CD Dec 20 p1) “was the culmination of months of negotiations” and “furthers the commitment” MSOs made in 2002 to support integrated DTV sets built to CableLabs OpenCable specifications. So said NCTA status update filed Tues. with FCC, last in series of semiannual reports to Commission on progress in implementing CEA-NCTA Feb. 2000 agreements on digital cable network interfaces and Program and System Information Protocol (PSIP) navigational data and development of specifications for bidirectional DTV receivers. Letter to Commission from William Check, NCTA vp-science & technology, said status report didn’t “directly address” terms of recent plug-and-play agreement because it assumed portions would be subject of FCC rulemaking “in the near future.” Progress “has been ongoing in the 3 areas about which the Commission asked NCTA and CEA to report,” filing said. On PSIP issue, for example, Check said “each of the implementation scenarios outlined” in Feb. 2000 agreement “has been evaluated through testing now completed at CableLabs.” He said “most fundamental” scenario is for cable operator to ensure that when PSIP data are received from off-air broadcaster, they “can be carried on the cable plant,” consistent with terms of agreement reached with CE industry almost 3 years ago. Check said it was NCTA’s understanding that PSIP equipment “has been developed and is now available from several manufacturers.” Except to report progress was being made, filing broke little new ground on effort to develop bi- directional receiver specs. In announcing recent agreement on plug-and-play standard, cable and CE executives said talks would begin this month on bi-directional standards and they expected discussions would be protracted.
While economic improvement will be major theme pushed by most ILEC and Bell company lobbyists on Capitol Hill in new session beginning in Jan., ILECs also plan to address other issues, from tax reform to content management. Bell and ILEC lobbyists have said regulatory change that could help spur investment is primary goal, but many are vague on specifics and cite pending FCC action as precursor to Hill lobbying strategy.
Part-time broadcast and cable employment is “fundamental to any meaningful effort to provide equal employment opportunity,” Minority Media & Telecom Council (MMTC) said in filing at FCC. Part-time employment is primary entry route for minorities and women, group said, and since “marginal cost of including part-time employees in recruitment and recordkeeping programs is minimal, there’s no reason to allow broadcasters to afford less than 100% equal opportunity to part-time workers. MMTC’s filing was in response to FCC rulemaking seeking comments on numbers and types of positions that were part-time, whether compliance with recruitment, recordkeeping and reporting requirements for such positions would be excessively time-consuming and therefore whether those requirements should apply to part- time jobs, whether Commission should set minimum number of hours for rules to apply. MMTC said FCC lacked authority to deny part-time workers full protection under EEO regulations. “There is neither a moral justification nor a practical reason to exclude any class of jobs, or any class of employees, from the most robust protections of our civil rights laws, rules and policies,” MMTC said. Its filing was on behalf of more than 40 organizations, including ACLU, NAACP, National Council of La Raza.
FCC is likely to loosen some unbundled network elements (UNE), said AT&T Gen. Counsel James Cicconi during debate on broadband at Federal Communications Bar Assn. conference Fri. Cicconi said noteworthy part of ruling will be “how the Commission views the important problems of switches,” he said, adding Bell companies have been unwilling or unable to facilitate the “hot cut” process.