Data Roaming Mandate Headlines Busy Agenda at April Meeting

The FCC will consider an order requiring carriers to provide data roaming to their competitors, similar to the automatic roaming requirement for voice the commission adopted in 2007. The National Broadband Plan recommended that the FCC adopt data roaming rules, which have been highly controversial and likely face opposition from Republican Commissioners Robert McDowell and Meredith Baker.

The commission will also consider an order on access, rates and enforcement rules for utility pole attachments, an issue which has sparked strong concerns among electric utilities; and a declaratory ruling on signal boosters, which has raised wireless carrier concerns. Also on the agenda: An accelerating broadband deployment notice of inquiry, a reliability and continuity of communications networks notice of inquiry and a video relay service order.

"Genachowski appears to have learned a number of political lessons from 2010,” said Public Knowledge Legal Director Harold Feld. “One of them is that he is better off moving forward and pressing hard, even if he is going to upset some people with his decision. He is also, in a realistic way, running out of time. There is a significant likelihood the FCC will be down to 2-2 after [Michael] Copps leaves, and may remain so for some time if the Senate is in total partisan gridlock. So anything that is likely to have a 3-2 vote, such as data roaming or [Universal Service Fund] reform, needs to get done as soon as possible.”

Feld said last week’s speech on spectrum (CD March 17 p1) and his approach on incentive auctions shows a changed Genachowski. “He’s being very specific, focused, and on message,” Feld said. “He has cut his losses on D-block and lined up political support. And he has hired a skilled Hill veteran, Amy Levine, explicitly to focus on the spectrum issues most likely to run into resistance in the House.” Media Access Project Senior Vice President Andrew Schwartzman is “pleased that the commission is starting to take on some of the more important, and more difficult, items that it is facing,” he said. “We are especially happy that data roaming is on the agenda. However, it is hard not to notice that Media Bureau items remain extremely backlogged, and still seem to have a very low priority."

"It would seem strategically prudent for Chairman Genachowski in 2011 to make as much progress as possible on controversial items key to his overall agenda in light of the departure of fellow Democratic Commissioner Copps at year’s end,” said Medley Global Advisors analyst Jeff Silva. “Next year, FCC policymaking will become more difficult and complicated. Also, having already drawn the ire of House Republicans on new net neutrality rules and perhaps expecting to feel more heat from GOP lawmakers in coming months on other initiatives, the chairman may have calculated there’s simply little to lose in advancing rulemakings that he might have wavered on previously because of fear of a political backlash."

Less Government President Seton Motley said he'd predicted after last November’s election that the Obama administration would try to “ram through as many oppressive regulations as possible via unaccountable-to-the-people departments, commissions and agencies.” The FCC “began doing it’s dictatorial part with it’s December 21 net neutrality Internet power grab,” he said. “The FCC will continue authorizing itself to regulate things it has no Congressional authorization to regulate, including data roaming, bill shock and on and on and on."

Data roaming proponents were pleased that the order was scheduled for a vote, after months of rumors it would get a slot an upcoming agenda. “By putting data roaming on the agenda, the FCC has just taken a huge step forward in the promotion of competition to benefit consumers throughout the United States,” said Rural Cellular Association President Steve Berry. “Data roaming is a pro-business, pro-investment and pro-jobs fundamental building block of mobile broadband, and it will help spur the competitive spirit that will help bring innovation to the wireless world."

The order is positive for potential new wireless competitors, said Leo Cloutier, senior vice president at Bright House, a cable operator that bought spectrum is the AWS-1 auction. “It does improve the picture for us,” he said. “It definitely is an important step for us.”

"Reasonable access to data roaming service is critical to the expansion of wireless mobile broadband service and will promote investment in new network deployment,” Sprint Nextel said. “Data roaming provides operators the ability to offer services to consumers while constructing new competing mobile broadband networks. … Most importantly, an effective data roaming obligation will help ensure consumers can obtain seamless access to e-mail, the Internet, and other mobile broadband services wherever they may travel at reasonable prices.”