FCC Issues of Interest

GAO Report Examining Changes to Wireless Industry in Last Decade Released

On August 26, Rep. Edward J. Markey, Rep. Rick Boucher, and Rep. Henry A. Waxman released a GAO report examining changes in the wireless industry over the past decade.  The report recommends that the FCC expand its data collection on such metrics as special access rates, prices, and capital expenditures in order to improve its monitoring and annual reporting on competition in the wireless market.

 

“Today’s report offers important insights into the wireless industry and the FCC’s efforts to assess industry competition and consumer protection,” said Rep. Markey.  “The GAO has noted that the FCC has made progress to improve its data collection and assessment activities with more work to be done.  Over the past decade, consumers have benefited from significantly lower prices for wireless services and better coverage.  Still, issues such as early termination fees charged by carriers – which raise concerns both from a consumer protection and a competition standpoint – handset exclusivity arrangements, acquisition of spectrum and industry consolidation all should be closely examined.”

 

The report, “Enhanced Data Collection Could Help FCC Better Monitor Competition in the Wireless Industry,” reviews the changes in the wireless industry since 2000 and how those changes have benefited consumers through lower prices and better coverage.  However, industry consolidation has also reduced the ability of small and regional carriers to be competitive, raising concerns that a lack of competition in the market could result in higher fees and deteriorating service for consumers.

 

Click here to read the full report.

NATOA Files Comments on the FCC’s Third Way Proposal for Reclassification

Yesterday, NATOA filed comments with the FCC on the legal framework for the Commission’s oversight of broadband Internet.  After the recent Comcast decision by the D.C. Circuit called into question the ability of the Commission to enact its broadband agenda under Title I of the Telecommunications Act, the FCC started a proceeding that would potentially reclassify broadband connectivity service (but not the Internet itself) as a “telecommunications service” under Title II of the Act.  The Chairman’s “Third Way” proposal would implement this reclassification plan while forbearing the application of all provisions in Title II except for a specific few needed to lay the legal framework to enact parts of the National Broadband Plan such as Universal Service Fund reform and the Commission’s Open Internet plans. 

The Notice issued by the Commission also sought comment on two alternative frameworks:  continued application of Title I and reclassification under Title II without forbearance.  NATOA’s comments pointed out that the most important outcome from this proceeding is that the resulting framework provides the certainty and predictability that the Commission will need to enact its broadband agenda (and that others including local governments will also need). 

Our comments voiced skepticism that continued application of Title I would provide the certainty and predictability necessary.  While we believe Title II reclassification in some form is necessary, we remain neutral about the specific details of what provisions are applied.  We believe that forbearance decisions should be based on data and should look to maximize the Commission’s oversight role in encouraging broadband deployment (from whatever source).        

The full text of the comments is available here.

NATOA Calls on FCC to Act on Pending PEG Petitions

Earlier today, at an Appropriations oversight hearing, Subcommittee Chairman Jose Serrano (D-NY) called on FCC Chairman Julius Genachowski to take actions to protect Public, Educational, and Government (PEG) channels that are currently being harmed by industry actions.  Chairman Serrano specifically highlighted channel slamming activities and pushing PEG channels into a maze of drop-down menus as actions that are threatening to diminish or extinguish the benefits that PEG channels provide our nation’s communities.  NATOA Acting Executive Director Tonya Rideout stated that “Chairman Serrano’s comments today – and his everyday efforts on behalf of PEG channels – are welcome and much needed.  On behalf of NATOA I thank him for his leadership and dedication to this critical issue.  NATOA also thanks Chairman Genachowski for his promise to take actions to protect PEG channels and his recognition of the dangers facing PEG channels today.  We believe that the most prudent way for the FCC to follow through on Chairman Genachowski’s promise would be to grant the Alliance for Community Media’s (ACM’s) petition challenging AT&T’s ‘Channel 99’ maze of menus.  We look forward to working with Chairman Serrano and Chairman Genachowski to move forward on this petition.”

NATOA Files Comments on Proposed Modifications to the Ex Parte Rules

Yesterday NATOA filed comments with the FCC supporting proposed modifications to the ex parte rules.  The ex parte rules require that persons who have make oral or written presentations to FCC staff must publically disclose the contents of that presentation.  The proposed changes will make the disclosure process more transparent and fair.  Specifically, the changes would more complete public disclosure of presentations and would require that most disclosure filings be made electronically to expedite the process of making them available to the public.  The FCC also proposes altering the Sunshine Period (the last week before a proceeding will be decided by the FCC) during which time there are increased restrictions on the ability to have ex parte meetings.

 

NATOA also urged the FCC to use this as an opportunity to better enforce the existing ex parte rules. 

 

The full text of NATOA’s filing is available here.

NATOA Files Comments on PEG in the FCC Future of Media Proceeding

Today, NATOA filed comments in the FCC’s Future of Media Proceeding.  The Future of Media project was undertaken by the FCC “to help ensure that all Americans have access to vibrant, diverse sources of news and information that will enable them to enrich their families, communities and democracy.”

In its comments, NATOA addressed the problems facing PEG channels today, most notably: state franchise legislation, the Commission’s Section 621 Report and Order, the delay in acting on the pending PEG Petitions, and current industry actions, highlighting especially AT&T’s improper treatment of PEG on its U-Verse system.  NATOA’s comments also address some specific questions asked by the FCC about the state of PEG channels now and in the future including removing obstacles to increase the effectiveness of PEG channels. 

NATOA also strongly rejects any move to push PEG channels to an Internet-only distribution because so many members of the community lack access to high-speed internet or the knowledge of how to access PEG content online.  Furthermore, such a move would deny PEG channels access to the most common viewers for any program – channel-surfers.  NATOA highlights the value, importance, and uniqueness of PEG channels in filling a need in our nation’s communities.  We also discuss many of the ways in which the value of PEG channels could be improved if some of the obstacles and threats were removed.   

 

NATOA hopes that the FCC will evaluate this information and act on the pending PEG Petitions that would help preserve PEG channels in the future. 

The full text of NATOA’s filing is available here.