The White House now backs FCC Chairman Tom Wheeler in a goal to unlock the cable set-top box market, senior officials said Friday. NCTA CEO Michael Powell expressed disappointment with the message of the administration, which said the look at set-tops is part of a broader initiative looking at competition. Powell slammed "bad government." Supporters of the Wheeler-backed NPRM approved 3-2 by commissioners applauded the White House support. DOJ previously backed the NPRM (see Communications Daily Bulletin Feb. 3).

The White House now backs FCC Chairman Tom Wheeler in a goal to unlock the cable set-top box market, senior officials said Friday. NCTA CEO Michael Powell expressed disappointment with the message of the administration, which said the look at set-tops is part of a broader initiative looking at competition. Powell slammed "bad government." Supporters of the Wheeler-backed NPRM approved 3-2 by commissioners applauded the White House support. DOJ previously backed the NPRM (see Communications Daily Bulletin Feb. 3).

Lowenstein Sandler hires Evan Bienstock, ex-Mintz Levin, as partner, Tech group ... American Library Association names Roger Rosen, Rosen Publishing, senior adviser-Office for Information Technology Policy, and names to two-year terms on new Public Policy Advisory Council: Laurent Crenshaw, Yelp; Skip Dye, Penguin Random House; Amma Felix, United Negro College Fund; Alan Fishel, Arent Fox; Keith Krueger, Consortium for School Networking; Tiffany Moore and Michael Petricone, both from CTA; Piper Nieters Su, Advisory Board Co.; Katherine Oyama, Google; Jon Peha, Carnegie Mellon University; Brooks Rainwater, National League of Cities; Jocelyn Richgels, Rural Policy Research Institute; Tony Sarmiento, Senior Service America; Michael Scurato, National Hispanic Media Coalition; and David Young, Verizon.

NCTA voiced "significant concern" about last week's Incompas/Verizon proposal and supportive remarks Monday by FCC Chairman Tom Wheeler that suggest cable and other facilities-based competitors could have their business data services (BDS) subjected to "ex ante rate regulation" (see 1604070069 and 1604110065). "Any such proposal would reverse decades of bipartisan Commission policy and should be eliminated" from an item to be considered at the agency's April 28 meeting (see 1604080011), NCTA said in a Wednesday filing in docket 05-25 on meetings Monday with aides to Commissioners Mike O'Rielly and Mignon Clyburn. Wheeler, O'Rielly and Clyburn staffers didn't comment.

NCTA voiced "significant concern" about last week's Incompas/Verizon proposal and supportive remarks Monday by FCC Chairman Tom Wheeler that suggest cable and other facilities-based competitors could have their business data services (BDS) subjected to "ex ante rate regulation" (see 1604070069 and 1604110065). "Any such proposal would reverse decades of bipartisan Commission policy and should be eliminated" from an item to be considered at the agency's April 28 meeting (see 1604080011), NCTA said in a Wednesday filing in docket 05-25 on meetings Monday with aides to Commissioners Mike O'Rielly and Mignon Clyburn. Wheeler, O'Rielly and Clyburn staffers didn't comment.

AT&T objected to FCC Chairman Tom Wheeler's proposed special access overhaul, suggesting it would increase regulation and decrease broadband investment and deployment. AT&T's top lobbyist said further investment in broadband facilities for 5G and in rural areas is needed. "But imposing regulation on special access prices and contract terms is not going to produce it," Jim Cicconi, senior executive vice-present-external and legislative affairs, said in a statement Tuesday responding to Wheeler's remarks to the Incompas Policy Summit Monday (see 1604110065). "The entire notion that more layers of FCC regulation will yield more broadband investment is absurd on its face, and proves that this FCC remains ‘an economics-free zone.’ The Commission’s proposals will instead lead to far less investment in broadband infrastructure -- especially in rural areas -- the very opposite of where we should be going as a nation." The FCC didn't comment Tuesday.

AT&T objected to FCC Chairman Tom Wheeler's proposed special access overhaul, suggesting it would increase regulation and decrease broadband investment and deployment. AT&T's top lobbyist said further investment in broadband facilities for 5G and in rural areas is needed. "But imposing regulation on special access prices and contract terms is not going to produce it," Jim Cicconi, senior executive vice-present-external and legislative affairs, said in a statement Tuesday responding to Wheeler's remarks to the Incompas Policy Summit Monday (see 1604110065). "The entire notion that more layers of FCC regulation will yield more broadband investment is absurd on its face, and proves that this FCC remains ‘an economics-free zone.’ The Commission’s proposals will instead lead to far less investment in broadband infrastructure -- especially in rural areas -- the very opposite of where we should be going as a nation." The FCC didn't comment Tuesday.

FCC special access regulation is needed to ensure competitors can lease access to incumbent telco facilities on reasonable wholesale terms, Windstream CEO Tony Thomas said at the Incompas Show Monday. About 77 percent of business buildings have just one facilities-based provider, 20 percent have two, and 2 percent have three or more, he said in Oxon Hill, Maryland: "That is the state of competition and it's not going to change overnight" due to the economics. Windstream is investing heavily to deploy fiber and upgrade its networks, but it's a "drop in the bucket," given the challenge of serving business customers with multilocation offices across the country, he said. Incumbent telcos said competitive fiber runs close to the vast majority of buildings and could be connected to them, and Thomas said long-haul connections are "pretty easy," but the "last half-mile" is "really hard and really expensive on both ends" of communications transmissions. Installing fiber underground in major cities such as Washington or Los Angeles is costly and difficult, particularly without existing rights of way, he said: "That's why we need a robust wholesale market." Thomas said the Ethernet market, which has been deregulated by FCC forbearance decisions, is "fundamentally flawed" with "staggering" problems, such as higher wholesale prices than retail prices and frequent "special construction charges" that constitute "back-door price increases meant to impede competition." Without more reasonable wholesale prices and related terms and conditions, business customers will often be left with just one provider, he said.

FCC special access regulation is needed to ensure competitors can lease access to incumbent telco facilities on reasonable wholesale terms, Windstream CEO Tony Thomas said at the Incompas Show Monday. About 77 percent of business buildings have just one facilities-based provider, 20 percent have two, and 2 percent have three or more, he said in Oxon Hill, Maryland: "That is the state of competition and it's not going to change overnight" due to the economics. Windstream is investing heavily to deploy fiber and upgrade its networks, but it's a "drop in the bucket," given the challenge of serving business customers with multilocation offices across the country, he said. Incumbent telcos said competitive fiber runs close to the vast majority of buildings and could be connected to them, and Thomas said long-haul connections are "pretty easy," but the "last half-mile" is "really hard and really expensive on both ends" of communications transmissions. Installing fiber underground in major cities such as Washington or Los Angeles is costly and difficult, particularly without existing rights of way, he said: "That's why we need a robust wholesale market." Thomas said the Ethernet market, which has been deregulated by FCC forbearance decisions, is "fundamentally flawed" with "staggering" problems, such as higher wholesale prices than retail prices and frequent "special construction charges" that constitute "back-door price increases meant to impede competition." Without more reasonable wholesale prices and related terms and conditions, business customers will often be left with just one provider, he said.

OXON HILL, Maryland -- FCC Chairman Tom Wheeler called for making a “fresh start” in the business data service market (his new name for special access), starting on April 28 with a Further NPRM and tariff order and moving quickly to a conclusion (see 1604080055) later this year. “Now is the time for action. I assure you that I will treat this issue with the urgency it deserves,” he said at the Incompas Show Monday, drawing applause with the first of several applause lines (prepared remarks here). He said he is counting on Incompas members and others to have the same sense of urgency. Wheeler also defended the FCC's proposal for set-top box competition -- while expressing an openness to modifications -- and its net neutrality rules and oversight.