Wireless Issues to Get Early Heed under New Bureau Chief
Wireless issues are expected to come to the fore at the FCC the next few months. Most early matters follow up on items in the works last year. Preparation for the 700 MHz auction, federal vs. state jurisdiction over early termination fees (ETF), and rules governing carrier protection of customer proprietary network information (CPNI) head most lists of issues likely to get attention soon.
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Chmn. Martin’s naming of his former wireless adviser Fred Campbell as Wireless Bureau chief late last year is also seen as a sign of a renewed emphasis on wireless.
Some wireless items are already moving. The CPNI item is circulating on the 8th floor, but won’t be on the agenda when the Commission meets next week. After a Wed. speech at CES, Martin again said the agency is ready to examine whether, as carriers contend, the FCC, not state regulators, has oversight over ETFs on customer bills.
“One thing about Chmn. Martin, is there’s not a whole lot of artifice,” a wireless industry source said: “He announced to the press that he intends to move a CPNI item and that’s moving now.” Campbell’s appointment as Bureau chief is a good sign, the source said: “The chairman is thinking that wireless issues are going to be an important part of the Commission’s agenda and having a permanent Bureau chief that he has a lot of confidence in is a good thing.”
Wireless issues could prove particularly attractive for Martin. They can often be voted out without the bipartisan splits on the Commission that are more likely on media and wireline issues, sources said.
“In the new Democratic Congress I don’t think you're going to see a lot of discussion on whatever decisions come out of the Wireless Bureau,” Rudy Baca of Rini Coran said: “Wireless issues are inherently less political than some of the other issues.”
A 2nd lawyer said wireless issues are getting attention because a number are ripe for Commission action. “There are a number of things that are becoming time sensitive,” the lawyer said: “There’s all the 700 MHz stuff [under review]. They need to move on the ETF issue.” And, the source agreed, wireless issues are attractive for the chairman: “Some of this stuff is easy to do… There are a lot of opportunities for easy wins here.”
“Putting Fred there is a signal that is being interpreted by all of us in the wireless community as saying we're going to clear out some of these things that are pending by naming someone who was the de facto bureau chief and actually giving him the title,” a regulatory lawyer said: “There’s really no learning curve for Fred. He can hit the ground running.”
Unlike former Chmn. Powell, whose administration streamed ideas for making better use of the spectrum, Martin focuses on follow-through. Sources expect that to continue. “I've never had a sense from the chairman that wireless issues are what motivates him,” a lawyer said.