Streamlining, More Transparent Policies Supported By Telecom, Satellite Industries in Process Reform Proceeding

The FCC should back off from any new mandate that groups making filings at the FCC provide more detail on who supports them or who is paying for the filing, the U.S. Chamber of Commerce said in comments filed at the FCC. The Chamber questioned the First Amendment implications of an enhanced reporting comment. T-Mobile disagreed, arguing that real-party-in-interest rules would improve transparency and “safeguard FCC staff against real or seeming conflicts of interest."

"There is insufficient evidence that a substantial problem exists in this area,” the Chamber said (http://bit.ly/1hvMUE4). “Organizations such as the Chamber are already well-known by participants in regulatory proceedings and the American public, so there is no public interest benefit to imposing additional disclosure requirements upon such organizations as a condition of the right to participate in agency proceedings.” The Chamber said in general it supports regulatory changes: “Regulations impact jobs in three ways: (1) they impose significant compliance costs that consume resources that would otherwise be used for other needs, such as hiring, (2) they can cripple or even destroy industries that are facing competitive pressures, and (3) they create additional complexity and uncertainty that discourages business expansion and job creation.”

"Requiring participants in a rulemaking proceeding to disclose the filer’s real parties-in-interest would ensure the public knows who is actually making legal and policy arguments to the Commission,” T-Mobile said (http://bit.ly/1i9ZmY2). “Real party-in-interest rules would benefit members of the public by allowing them to better evaluate the true level of support for a filed proposal and would benefit the FCC by helping the agency better distinguish repetitious or duplicative filings underwritten by a party, even if they purport to be filed under the name of another entity."

The Minority Media & Telecommunications Council, NAACP and National Action Network also opposed the disclosure recommendation. Adopting such a recommendation “would have a chilling impact on civil rights groups, non-profit organizations and others that protect and promote less-powerful viewpoints,” they said in a joint filing (http://bit.ly/1lAxim3). The FCC also would negatively impact contributions from donors to the organizations if the policy is adopted, it said.

CTIA said the FCC was on the right track in general in proposing changes that would expedite decisionmaking. “Many of the recommendations set forth in the Report would enhance the efficiency and effectiveness of the Commission’s decision-making process and improve interactions with external stakeholders, and CTIA supports the generalized recommendations that are aimed at doing so,” CTIA said (http://bit.ly/1hZpHXe). “Implementing many of the Report’s general recommendations, such as providing more certainty about the Commission’s processes, expanding the use of multi-stakeholder mechanisms and improving the FCC website, would enhance the overall efficiency and effectiveness of the agency."

CEA emphasized in its comments that the FCC should better coordinate with NTIA on spectrum, starting with better collaboration on identifying bands well suited for commercial use. “Once a spectrum band has been identified, NTIA and the FCC should coordinate closely in the development of licensing rules to govern commercial operations in the band based on the type of operations anticipated,” CEA said (http://bit.ly/1pHNy1Q). “Where spectrum is made available on a shared basis with Federal incumbents, the FCC and NTIA should have detailed discussions regarding the parameters of both Federal incumbent operations and commercial (in terms of location, time, frequencies and network architecture) and should work to enable commercial operation to the maximum extent possible while protecting Federal users.” CEA also urged the FCC to make more use of multistakeholder groups to work through challenging issues and to simplify hearing aid compatibility reporting.

The Competitive Carriers Association said the FCC should strive to make its processes faster and more transparent (http://bit.ly/1gKMfyL). But, CCA said, “Speed should not be the enemy of sound, pro-competitive policies, and so any reforms in this area must be tempered with an understanding of the Commission’s obligation to seek and obtain meaningful public participation in the matters before it.”

Satellite companies supported recommendations that aim to improve procedures at the International Bureau. ViaSat urged the FCC to act quickly on its process reform efforts. Improving the ITU notification process is critical “to ensuring that U.S. satellite license applicants can establish the international priority needed to provide a level of certainty required to commit the significant investment it takes to deploy a satellite network,” it said (http://bit.ly/1hfVEcV). This could be implemented without a rule change, “as it simply would require a change [in] the staff’s practices.” Improving access to satellite licensing, orbital location and frequency band information “is consistent with the commission’s goals to improve transparency in its decision-making processes,” it said.

SES strongly supports proposals to improve information available through the International Bureau Filing System database. It’s a “treasure trove of information, but this information is not always easy to locate or access,” it said (http://bit.ly/1jVpAD6). The database has long needed an overhaul to make it more user-friendly and it must be updated to reflect current rules and procedures, it said. The FCC should pursue the proposal to eliminate the prior approval requirement for pro forma assignments and transfers of control in favor of an after-the-fact notification, SES said. The FCC also should explore ways to expedite review with NTIA when an item involves shared federal and non-federal spectrum, SES added.

Intelsat urged the FCC to eliminate the two-degree spacing rule, which maximizes the number of satellites in orbit by ensuring that satellites operate without causing harmful interference to other satellites. Its original objective is “unequivocally fulfilled,” Intelsat said (http://bit.ly/1jVpLy7). The policy “now harms the public interest by posing obstacles to innovation for U.S. operators,” it said. It also may place U.S.-licensed satellite operators at a competitive disadvantage compared to foreign-licensed operators, Intelsat said. Intelsat urged the FCC to end the Open-Market Reorganization for the Betterment of International Telecommunications Act Report, which requires the FCC to report to Congress on the state of competition in the satellite industry since the privatization of Intelsat and Inmarsat (CD March 14 p18). The annual reporting requirement is now an unnecessary burden on limited commission resources, it said.

Inmarsat supports streamlining and harmonizing rules that allow a licensee to overcome a commercial mobile radio service (CMRS) presumption. Inmarsat is often grouped in with terrestrial CMRS providers for certain service requirements, it said (http://bit.ly/1iXo4MY). The requirements are often unnecessary or incompatible with Inmarsat’s MSS services “that are targeted to specialized business and government users,” it said. More certainty and transparency could come from the FCC engaging with executive branch agencies to improve coordination and timeframes for review of applications that require foreign ownership review, it said.

The FCC can quickly adopt critical satellite policy revamps including modernizing the ITU registration process and establishing more operational flexibility for geostationary operators to reach individualized coordination agreements with other operators “that may depart nominally from the commission’s two degree-spacing policy, but demonstrate consistency with the interference protections afforded by two-degree spacing,” EchoStar and Hughes said in joint comments (http://bit.ly/1gLMMk1). The commission should streamline and regularize the processes of considering “use-prior-to-grant special temporary authority” requests for satellite earth stations, “or replace this process in significant part with grants of provisional authority effective upon application acceptance,” it said. They said the FCC should identify and act on opportunities for summary disposition of routine items, including the use of autogrant procedures for routine applications and STA requests, it said.

DirecTV urged the FCC to quickly implement a policy that places rulemaking and declaratory ruling petitions on public notice as soon as they are determined to be procedurally sound, “or dismiss them expeditiously if found to be defective.” It should act on petitions for reconsideration within 180 days or deem the petition denied and the commission should expedite processing of applications for review by adopting a specified period “after the record closes ... after which the application could be deemed denied in a summary order if no commissioner requests further consideration,” it said (http://bit.ly/1i0Zdoe). The DBS company also encouraged revisiting the need for the two-degree spacing rule and having the Enforcement Bureau issue closure letters to the subjects of investigations “indicating that it has elected not to pursue a matter,” it said.

NAB supports improving transparency of FCC decisionmaking. The commission should act quickly to post information about its budget and appropriations, it said (http://bit.ly/1fmTWKp). This information, along with clear and up-to-date information on the status of pending and backlogged items, “will afford the FCC’s congressional oversight committees a better understanding of how well the commission is functioning with its available resources,” NAB said. The FCC should maximize use of administrative vehicles to resolve pending matters, like omnibus orders and summary dispositions, “and identify actions that could be further automated via the Media Bureau’s Consolidated Database System,” it said. “Such steps should result in quicker resolution of cases, including those that are currently backlogged."

Western Telecommunications Alliance supported expansion of the categories of transactions like mergers of geographically adjacent rural carriers, that qualify for streamlined treatment, it said (http://bit.ly/1pIO7Ze). The Wireline, International and Wireless bureaus all have different application procedures and processing periods, it said. It isn’t uncommon for transactions to be delayed or closing dates rendered uncertain “because certain bureaus have granted authorization while others are still processing applications or requesting further information or amendments.” WTA also bemoaned “the very high application fee” that the FCC charges for study area waivers.