Federal Communications Commission (FCC)

In a joint filing Fri., USTA and the 4 Bell companies -- BellSouth, Qwest, SBC and Verizon -- asked the U.S. Appeals Court, D.C., to stay the narrowband portion of the FCC’s Triennial UNE Review Order. The sections of the order targeted by the stay request included: (1) Switching/UNE-P provisions. (2) Competitive access to high-capacity loops and dedicated transport. (3) New rules for access to enhanced extended links (EELs), a loop-transport UNE combination. (4) Permission for wireless providers to gain access to UNEs, in particular the high-capacity transport element.

While witnesses representing state and local wireless interests all praised the House Telecom Subcommittee at a hearing Thurs. for addressing deficiencies in E911 deployment, all said there should be some changes in legislation (HR-2898) designed to facilitate its deployment. The bill, by Rep. Shimkus (R-Ill.), would authorize $100 million in spending over 5 years, penalize states that diverted E911 funding, create an E911 office in NTIA and direct the FCC to review E911 accuracy requirements for rural areas.

Kathleen Wallman, who chaired the FCC’s Public Safety National Coordination Committee (NCC), outlined for the Commission Wed. the technical and operational standards developed by the panel for the public safety 700 MHz band. The federal advisory committee was chartered in 1999 and recently completed its work on nationwide public safety interoperable communications systems. They included narrowband standards for public safety officials using 700 MHz radios to communicate interoperably. The NCC also completed work on and recommended a wideband data standard for that spectrum’s wideband data interoperability channels. “Wide area systems are in the planning process and will be implemented soon in areas where incumbent television stations don’t pose an obstacle,” Wallman told the Commission. The NCC, whose charter expired July 25, covered a process that involved 300 members over 4 years. Among its last recommendations was a wideband data standard that could make “cutting-edge” technology available, including digital transmissions of fingerprints to police vehicles, she said. Wallman said the National Public Safety Council would assume responsibility for advising the FCC on interoperability and other critical public safety communications issues. For areas of the country where public safety spectrum at 700 MHz was encumbered pending the DTV transition, Wallman said the work of the NCC “is on hold until the broadcasters can be migrated out of that spectrum.” In general, she said public safety would need more spectrum, particularly for homeland security initiatives.

With an eye on speeding the rollout of wireless services in rural areas, the FCC unanimously adopted a proposed rulemaking Wed. with a wide range of possible changes, asking how to make unused spectrum available to new users and provide access to capital and equipment. The proposal also raised the possibility of allowing wireless operations with higher power levels to enter less densely populated rural areas. It tentatively concluded the cellular cross-interest rule should remain in rural service areas (RSAs) with 3 or fewer competitors, but would remove the limit in other RSAs.

With fanfare, CTIA unveiled Tues. a wireless industry voluntary consumer code, but it didn’t appear to quell continued criticism by some state regulators and consumer groups. Before FCC Consumer & Governmental Affairs Bureau Chief Dane Snowden, House Commerce Committee Chmn. Tauzin (R- La.) and the CEOs of 5 national wireless carriers, CTIA Pres. Tom Wheeler outlined 10 bulleted guidelines, including commitments to offer customers a 14-day trial period. Wheeler repeatedly stressed the code was a “floor not a ceiling.”

FCC Chmn. Powell praised progress on hearing aid compatibility with wireless phones, including a meeting Thurs. of the Interagency Committee on Disability Research to promote cooperation among federal agencies on the issue. The Commission in July required digital wireless phones to be compatible with hearing aids, with nationwide operators to offer 2 compliant handsets within 2 years. The agency approved performance levels that required handsets to provide reduced radiofrequency interference as defined by the American National Standards Institute (ANSI). Analog handsets typically don’t cause interference, but digital handsets can do so for hearing-aid users because of the electromagnetic energy emitted by the antenna or other components. Hailing progress on that issue, Powell cited a technical standards workshop this week, an intergovt. coordination session and a new industry incubator program. “Taken together, these 3 initiatives will significantly advance the Commission’s commitment to ensuring that all Americans -- whether or not they use hearing aids -- have an opportunity to enjoy the benefits of wireless communications,” he said. “Our success in implementing hearing aid compatibility will depend on the cooperative efforts of wireless service providers, wireless phone manufacturers, hearing aid manufacturers, consumer representatives, federal agencies and other stakeholders.” On Wed. the ANSI standards committee C63 held a workshop on the requirements of the group’s technical standard on wireless hearing aid compatibility and new test methods to evaluate a product’s compliance. The new FCC rules cover some of the performance levels in that ANSI standard. The Interagency Committee on Disability Research held a separate workshop Thurs. to promote cooperation among federal agencies, Powell said. The workshop included the Food & Drug Administration, FCC, industry officials and others. Powell also said a meeting is set for today (Fri.) of the Alliance for Telecom Solutions’s Hearing Aid Compatibility Incubator. The point is to bring together officials of the wireless and hearing aid industries to discuss technical issues in implementing digital handset changes under the new FCC rules. “This work is integral to preserving access to wireless telecommunications to individuals with hearing disabilities,” Powell said.

One day after a summary of the FCC’s Triennial Review Order was published in the Federal Register, USTA and SBC filed an appeal in the U.S. Appeals Court, D.C., Wed. They asked the court to review the order that they said “purports to create new unbundling rules to replace those vacated by this court in [USTA] v. FCC.” A Verizon spokesman confirmed Verizon separately filed a notice of appeal to the D.C. Appeals Court.

The FCC is seeking nominations for membership on its Intergovernmental Advisory Commission (IAC), which provides guidance to the Commission on issues of importance to state, local and tribal governments, as well as to the FCC. The IAC, formerly known as the Local & State Govt. Advisory Committee, was formed in 1997. It’s composed of 15 elected and appointed officials who provide advice on a broad range of issues, including cable and local franchising, public rights-of-way, facilities siting, universal service, broadband access, barriers to competitive entry and public safety communications. FCC Chmn. Powell will appoint 7 local, 5 state and 3 tribal officials. The Commission is particularly interested in applicants from geographic areas not represented in the past, such as Southern states, for example, Fla., Ga., La., S.C. and Tenn., and from Southwestern states such as Ariz., Nev., N.M., and Utah. The FCC also is interested in applicants representing rural areas and people with expertise in homeland security matters, such as emergency response systems, public safety spectrum and interference matters. Applicants should be local, state or tribal officials and be eligible for the intergovernmental exemption from the Federal Advisory Committee Act. Nominations should be received by the Commission no later than Sept. 29.

A federal court ruled that Washington regulators’ state telecom customer privacy rules infringed on Verizon’s constitutional commercial free speech right to communicate with its customers. The ruling by Judge Barbara Rothstein, U.S. Dist. Court, Seattle, granted Verizon’s motion for summary judgment (Case C02-2342R). The rules adopted by the Wash. Utilities & Transportation Commission (WYTC) in Jan. were to be the toughest telecom consumer privacy regulations in the nation. They would have barred Verizon from providing customer information to any affiliate or 3rd party and from using telecom customers’ records to market any products or services unrelated to telecom unless the customer agreed in advance to such use. The rules were stayed by the federal court in Feb. The court said Verizon had raised compelling questions about the constitutionality of the state’s new regulations. FCC rules allow customers who don’t want their personal information used for marketing purposes to opt out of information sharing, meaning the carrier must delete such information from any marketing lists it sells or uses. Verizon applauded the ruling, saying the court had recognized that the FCC’s privacy rules were working successfully in Wash., just as they were elsewhere. The WUTC said it was disappointed by the decision and was exploring its next legal steps.

If telecom executives were to choose our next President, George W. Bush apparently would win in a walk. With only 5 months remaining before the Iowa caucuses, telecom executives are giving in significant amounts to the Bush reelection effort, with Democrats such as Sens. Kerry (D-Mass.) and Lieberman (D-Conn.) trailing, according to an analysis of 70,000 individual donations reported to the Federal Election Commission (FEC). Lieberman’s poor performance among telecom executives contrasts with his impressive performance among Internet-related executives, highlighted in today’s Washington Internet Daily. These 2 stories conclude a 5-part series (CD Aug 27 p4, Aug 28 p3).