FCC Comr. Copps Tues. dissented from portion of cellular service ...

statement approving agency’s rule changes in part and concurring in part on issue of legal standard used as part of Commission’s biennial review under Sec. 11 of Communications Act. Order modified certain cellular wireless mandates that had become outdated or unnecessary as result of technological changes or increased competition. Order is designed to eliminate certain requirements that no longer were necessary because they dated back to duopoly era of cellphone service. “I believe that understanding a carrier’s service area is critical information for consumers,” said Copps, who approved in part and dissented in part: “I also disagree with the majority’s apparent belief that competition alone can obviate the need for consumer protection laws.” Service area of given cellular plan is “critical information” for subscribers, Copps said. That information allows customers to pinpoint where they can use their wireless phones, and in rural areas, to ascertain where 911 calls can be made, he said. Martin said he was concerned by failure of order to discuss legal standard of Sec. 11 under which FCC determined in biennial reviews whether regulation no longer was “necessary in the public interest” as result of meaningful competition between service providers. “As I have argued elsewhere, I believe the term ‘necessary’ should be read in accordance with its plain meaning, to mean something closer to ‘essential.'” He also stressed importance of FCC not ending analog requirement in 5 years if digital phones weren’t available for consumers with hearing disabilities. Order would delete requirement that cellular licensees provide cellular service upon request to “all cellular subscribers in good standing.” Competitive state of wireless market made that mandate unnecessary, it said. It does away with language that implies that analog is principal technology in use and adds “technologically neutral” statement. In eliminating requirement that cellular carriers provide information about service area, Commission said that information already was being furnished at retail outlets and on Internet. “We note that PCS and digital SMR [specialized mobile radio] providers are doing so without any comparable regulatory requirement, presumably because consumers demand this information,” agency said. Under FCC action, cellular carriers no longer have to notify Commission if subscriber request for service is turned down due to lack of capacity. FCC said it wasn’t aware that cellular operator had filed such notifications. Commission said: (1) Carriers should provide sufficient capacity for analog service in cases where it’s required. (2) Requirements on analog availability should ensure analog subscribers would continue to receive service even without notification requirement. (3) Provision that carrier could terminate service to subscriber who operated cellular phone on airborne aircraft was eliminated. Other FCC rules already bar operation of cellular phones in such cases, it said.