POWELL FCC WILL FOCUS ON BASICS, STAFFERS SAY

Responding in individual Q-&-A, MacBride said a fundamental question for Commission was whether it was time for wholesale reorganization of agency along operational lines, giving example of “Licensing Bureau” that would handle that function across all services. But Powell has “no timetable” for concluding study of issue, she said. On demand for spectrum, MacBride said: “It’s like my closet: No matter how big it gets, it’s always going to be full.” But she again declined to suggest specific solutions except to repeat that Commission needed to be “flexible.” However, she said, Powell is concerned about “regulatory arbitrage” and doesn’t favor opening secondary spectrum “market” where only rule would be to require no interference.

In other comments, MacBride said: (1) Commission “is going to do a big outreach” to broadcasters on HDTV “to facilitate the change” to digital channels, not only because of anxieties about transition deadlines but also in view of “deep concerns” broadcasters have about digital must-carry. (2) Terms “public interest and diversity must mean something” when examining mergers since “they're in the statute.” But merger criteria must be “principled, predictable and identifiable.” (3) She’s “worried” about staffing with emphasis on enforcement and expected influx of Sec. 271 applications.

Employing phrase that become motif of conference, Tenhula summarized lament of spectrum managers: “Convergence sucks.” Conflicting demands of satellite and terrestrial services or, especially, govt. and private industry, mean that Powell is looking for “White House"-level evaluation, he said. “Everyone is now yelling and screaming for… a national spectrum policy.” Sharing stage with Tenhula was Maureen McLaughlin, majority senior counsel for Senate Communications Subcommittee, who said that she heard from lobbyists: “We don’t want the Hill involved in spectrum management, but would you have the FCC do this?”

McLaughlin said it was “hard to predict now” whether there would be major revision of 1996 Telecom Act in current session of Congress or only “tweaks,” although she said loosened broadcast ownership rules were virtually certain. On Commission restructuring, Mark Schneider, staffer to outgoing Comr. Ness, predicted there would be action, “though I'm not sure how much,” and endorsed idea of “global look” at FCC’s licensing procedures. He also suggested that incoming commissioners focus first on technical interference rather than policy. Tenhula repeatedly emphasized importance of Enforcement Bureau under Powell, through which, in words of Bryan Tramont, aide to Comr. Furchtgott-Roth, FCC could “say less and mean it more.”

Asked to assess his tenure, outgoing Comr. Furchtgott-Roth told attendees: “I measure how well I've done by how well [his voting position has] done in court.” Other Furchtgott-Roth comments: (1) “Highest priced lobbyists say the least… Commission decisions shouldn’t depend on the quality of the lobbyists, but I can’t say it doesn’t happen.” (2) Commission should have no fewer than 5 members and might be better with 7. (3) Telecom Act doesn’t need to be changed since it has been “on balance a success,” and FCC shouldn’t be lobbying on Capitol Hill. (4) Asked his advice for incoming commissioners, he said: “Get good staff.”