At NCTA’s request, FCC said it would postpone deadline for reply comments on cable horizontal and vertical ownership rules. Comment and reply deadlines for rulemaking already had been delayed once because of holiday conflicts. Latest deadline date is Feb. 19, deferred from Feb. 4. NCTA had complained to FCC that it needed at least 2 more weeks to prepare economic analyses that could respond to initial round of comments. Commission said it agreed to delay “in the interest of developing a full and complete record and in the interest of not prejudicing any party.”
When President Bush gives his first State of Union address this evening (Tues.), industry will be listening for even most modest reference to broadband. Telecom Industry Assn. (TIA), TechNet, Computer Systems Policy Project (CSCC) and other trade groups have urged Administration to clear regulatory hurdles and provide appropriate stimulus to allow creation of nationwide 100-Mbps national broadband network, far faster than traditional cable modem or DSL service that many associate with broadband. But Bush hasn’t announced formal position on broadband, although many of officials, most recently last week NTIA Dir. Nancy Victory, hinted one was coming. Bush’s mention of broadband in his speech would be very beneficial in promoting issue to policymakers, TIA Pres. Matthew Flanigan told reporters Mon.: “It will be very important in getting us over the hump.”
Minority Media & Telecom Council (MMTC) will focus on FCC rulemaking on broadcast and cable EEO rules in wake of Supreme Court decision not to hear appeal of lower court invalidation of rules (CD Nov 29 p11, March 23 p3), MMTC Exec. Dir. David Honig said: “This is not the end of the world, there is still another fight to be fought.” Court didn’t provide any explanation for decision to deny certiorari for appeal, which was announced day after Martin Luther King holiday. Honig said he didn’t expect court decision to have any effect on FCC rulemaking (CD Dec 13 p4), since Commission and govt. had argued court should hear case and uphold EEO rules. Denial of certiorari wasn’t surprise, Honig said, since Supreme Court hears only about 1% of all appeals submitted to it. Minority groups’ goal in rulemaking, he said, will be to get best rules it can and convince FCC to do best possible enforcement. Comments are due March 11.
SANTA CLARA, Cal. -- Comr. Kevin Martin said FCC must pare “regulatory underbrush” to promote investment and dramatically speed its work, starting by promptly lightening incumbents’ network-sharing obligations and redefining upward access speeds constituting broadband. He told SuperNet conference here Wed. Commission should push to complete this year 3 key rulemakings started in Dec. -- on performance measures for competitive access to incumbent networks, application of unbundling requirements, and broadband’s definition -- so service providers and investors could enter 2003 with stable, friendly regulatory environment that wouldn’t hold back capital recovery.
Group of competitive telcos teamed up with business user group Tues. to propose that FCC adopt set of special access standards they had devised as consensus approach. “The entire competitive industry as well as business users have joined together to present what we believe is an appropriate set of measurements,” WorldCom Vp Donna Sorgi said in press teleconference. Calling itself Joint Competitive Industry Group (JCIP), coalition said special access was lifeblood of competitive telcos and long distance companies because it gave them last-mile access to business customers. And yet, they said, there was little regulatory oversight of how quickly and fairly ILECs provided that service to them.
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.
Broadband and Internet security “will dominate policy discussions throughout 2002,” U.S. Internet Industry Assn. (USIIA) Pres. David McClure predicted. In white paper Internet Public Policy in 2002 scheduled for release today (Thurs.), McClure said this election year would be like many others featuring “fluffy” bills designed to woo voters. Along with continuing debate on broadband and security, however, he predicted that permanent ban on Internet access taxes and modest bill limiting spam would clear Congress. He anticipated little action on digital rights management, and estimated it wouldn’t be good year from regulators for competitive telecom providers not using their own facilities.
PALM BEACH -- Concluding 4 days of noncontroversial meetings here Wed., NAB board vowed to continue fight to maintain FCC 35% cap on viewers that any single licensee could cover. TV broadcasters here expect U.S. Appeals Court, D.C., to rule any day on Fox’s appeal of restriction. Broadcasters, as well as NAB staffers, expect court to repeal cap and/or remand case to Commission. If that happens, NAB “will continue in every venue available to us” to keep cap in place, Pres. Edward Fritts told us.
FCC is violating law by not taking more active role in reviewing environmental impact of telecom actions, Public Employees for Environmental Responsibility (PEER) said in seeking reconsideration of petition Commission denied Dec. 5 (CD Dec 6 p9). In earlier petition, PEER urged agency to begin rulemaking to determine whether it needed to strengthen its rules, particularly on undersea cable, fiber lines, wireless towers. In reconsideration request, PEER said it was “abuse of discretion” for FCC to turn down its petition. Group said rules should be revised to ensure that compliance with Endangered Species Act and National Historic Preservation Act weren’t “unlawfully delegated” to carriers and fiber cable-laying companies. PEER charged that laxness by FCC had led to damage to coral reefs in Caribbean and tidal ponds in New England. “The FCC is establishing a practice of evasion,” PEER official said. “The Commission is delegating compliance to corporations which have no interest in adhering to the environmental laws” -- RM 9913.
Writers Guild of America (WGA), representing writers of virtually all national entertainment programming and much of national news Americans see, said media mergers have caused decline in quality and quantity of programming. WGA comments came in filing to FCC Jan. 4 -- deadline for comments on proceeding contemplating limits on cable ownership. “We all fear the day when network dominance overwhelms the few independent voices remaining,” WGA said, saying consolidation was eroding freedom of expression and creativity. Guild said independence has “virtually ceased to exist” in movies made for TV and miniseries and that they have largely been replaced by game shows, reality shows and sexually exploitive programming. WGA specifically criticized rules that allow program distributors to produce and control content. “When everything is squeezed through 1 or 2 or 3 narrow funnels, when profit and ratings and other corporate goals enter strongly into the mix, and the voice of the creators is forced to take a back seat, when the writer has to do it their way or be replaced, of course creativity suffers.”