The Bells, particularly Verizon and AT&T, have enough Internet market power to discriminate against content providers and squeeze small ISPs out of the game, panelists warned Thurs. during the annual Quello Symposium. On a panel delving into the hot policy topic, net neutrality, speakers said the Bells’ IP-based networks can charge content providers different access fees based on volume or give some services priority over others -- and they fear that’s just what the big carriers plan to do.
What some perceive as a trend toward FCC officials speaking at closed-door events “violates the spirit of open government, if not the letter of the law,” said Paul McMasters, First Amendment ombudsman for the Freedom Forum’s First Amendment Center. In response to questions, he and other FCC officials and open meeting activists said speaking at closed-door events probably doesn’t violate sunshine or open meeting rules, or even SEC regulations, but the public was better served by previous FCC administrations who refused to speak at closed events.
FTC Comr. Jon Leibowitz praised a report that seeks to speed up merger reviews when the agency requests additional information from companies (CD Feb 17 p2). The report, from Chmn. Deborah Majoras’s office, wasn’t subject to commission vote, said a person familiar with the document. A guideline that an experienced FTC attorney must discuss 2nd requests for information with companies is among the most useful reforms, said John Wyss, a Wiley Rein & Fielding antitrust specialist. That hasn’t always happened, Wyss said: “By making sure there will be someone with some experience negotiating these things on these 2nd requests, it is going to be helpful for everyone.”
John Kneuer, who became acting NTIA dir. with the departure of Michael Gallagher last week (CD Feb 16 p11), is expected to be appointed to the post for the nearly 3 years remaining in the Bush Administration, sources said Thurs. Kneuer could be unseated if another candidate with better political connections emerges, but he’s the clear front runner for the post as the President’s top spectrum and Internet adviser and the head of an agency of almost 300 people.
The Telecom Act met some of its goals, but fell short in other ways, veterans of its drafting and implementation said Mon. at a George Washington U. conference. “We got a lot of things done,” said ex-Sen. Larry Pressler, at the time chmn. of the Senate Commerce Committee. “It wasn’t perfect [but] we take for granted a lot of things,” such as more competition for business customers, that wouldn’t have happened without the Act, he said. The conference, timed to precede the Feb. 8 anniversary of the law’s 1996 adoption, also was sponsored by FCBA and Columbia U.’s Institute for Tele-Information.
Ian Dillner, Wireline Bureau counsel, named acting legal adviser to FCC Comr. Tate… Appointed to FCC independent panel reviewing Hurricane Katrina’s effects on telecom networks (first meeting Jan. 30 at FCC hq): Lisa Fowlkes, designated federal officer; Nancy Victory, Wiley Rein & Fielding; Patrick Yoes and Joseph Booth, La. State Police; Edwin Smith, Baton Rouge Fire Dept.; Stephen Dean, Mobile, Ala. Fire Chief; Edmund Sexton, National Sheriffs’ Assn.; Michael Sauter, New Orleans Police Dept.; Kevin Beary, Orange County, Fla. sheriff; Robert Bailey, Harrison County, Miss. Emergency Communications Commission; Jonathan Linkous, American Telemedicine Assn.; William Smith, BellSouth; Marion Scott, CenturyTel; Dave Flessas, Sprint; Jim Jacot, Cingular; Steve Davis, Clear Channel; Martin Hadfield, Entercom; Greg Bicket, Cox; Kay Sears, PanAmSat; Carson Agnew, Mobile Satellite Ventures; Kelly Kirwan, Motorola; Robert Dawson, SouthernLINC Wireless; Michael Anderson, PART-15.org; Billy Pitts, Notification Technologies; Adora Obi Nweze, NAACP; Eduardo Pena, League of United Latin American Citizens… Board changes at BT: Lou Hughes steps down; new members Matti Alahuhta, Kone Corp., and Phil Hodkinson, HBOS… Craig Marrs, ex-KRON-TV San Francisco, becomes pres.-gen. mgr., WHNT-TV Huntsville, Ala… Charter names Megan Delany, ex-Joseph Group, senior dir. & legislative counsel, federal govt. affairs… Daryl Smith, ex-Cox, moves up to ESPN senior vp-human resources… Dara Altman, ex-Discovery, becomes XM Satellite exec. vp-business & legal affairs… Gannett promotes John Williams to new position of pres., Gannett Digital… Parks Assoc. names Stuart Sikes, ex-AT&T, pres.
Promoted to partners at Wiley Rein & Fielding: Thomas Antonucci, John Cole, Karalee Morell, Daniel Pickard, Benjamin Reed and Kathryn Comerford Todd.
A self-deprecating FCC Chmn. Martin came up with some edgier barbs than some were expecting Thurs. night at the FCBA Chmn.’s Dinner. Martin poked fun at the famously tentative nature of many of his appointments. Talking about the recent birth of his first child, Luke, Martin joked: “I don’t want to get ahead of myself. Luke is currently our acting interim son.” Martin joked that parenting has proven tough. “It’s very odd how some things that work so well for me as chairman just don’t seem to work for me as a father,” he said. “The other night I just couldn’t get Luke to stop crying. I was so frustrated. I finally said ‘Luke, if you don’t stop crying, I'm going to going to reassign you to CGB.'” Several sources suggested that comment was probably wasn’t so funny to FCC staffers moved to the Consumer & Governmental Affairs Bureau. Martin made fun of criticisms that his decisions have been based on politics. “Last week one reporter wrote that every decision I make is political,” he said. “Now that one really bothered me. I mean all 12 focus groups said if we had a baby that would insulate us from that criticism.” He also made light of criticisms that the Martin FCC has been a closed shop, with staffers fearful of talking to journalists. “One reporter even claimed that not one piece of paper gets out of the Commission without my personal approval,” he said. “That’s not true. There have been exactly 5 pieces of paper. All of the people responsible have been dealt with.” Martin closed with a list of reasons it’s fun to work at his FCC. The top reasons: “(3) Plenty of time for golf because there’s no need to work on wireless issues. (2) Trips to Siberia not limited to the International Bureau. (1) KGB-like atmosphere grows on you after a while.” Earlier, Martin was “roasted” by former NAB Pres. Edward Fritts, former FCC Chmn. Richard Wiley and AT&T Senior Exec. Vp James Cicconi. “I was asked to do a real roast of FCC Chmn. Martin,” said Wiley: “Like, right - I'm going to do that.” Comparing Martin’s youthful looks to Harry Potter’s, Wiley said Martin was the only associate Wiley, Rein & Fielding ever hired “directly from grade school.” Ex-NAB Pres. Eddie Fritts said Martin “is so young that when he showed up late for work one day, local broadcasters located him by issuing an Amber Alert.” Fritts added, in staccato delivery: “Kevin is the only public official with an open invitation to the Neverland Ranch. Kevin is an indecency hawk but we wonder about his credentials, since he’s never been admitted to an R-Rated movie.” Cicconi riffed on Star Wars comparisons, since Martin’s son shares a first name with Luke Skywalker. “Is it me or is [Chief of Staff] Dan Gonzalez looking a little like Yoda these days?” Cicconi asked.
Ex-NTIA Dir. Nancy Victory will chair an FCC panel that will study Hurricane Katrina’s impact on telecom and media infrastructure. The panel of public safety and communications industry experts will advise the FCC on improving disaster preparedness, network reliability and communication among first responders, the FCC said. Victory is a partner at Wiley, Rein & Fielding.
The Hawaii Supreme Court Fri. denied a $300 million class action suit against Verizon Hawaii challenging a surcharge on touch tone service. Plaintiffs said Verizon engaged in unfair trade practice by imposing the surcharge without telling consumers they get touch tone service simply by plugging a phone into a jack, without signing up for it or paying a fee. The court said the surcharge was lawful under the filed-rate doctrine because the charges appear in tariffs approved by state regulators. Wiley, Rein & Fielding attorneys who argued the case said awarding damages “would violate the filed-rate doctrine by effectively imposing a lower rate for [touch tone] services than that explicitly set and repeatedly affirmed by state regulators in several tariffs.”