Draft Order Eases In-Market Roaming Exclusion for New Spectrum Licensees
The FCC will consider easing an in-market exclusion for roaming agreements, at its Aug. 22 meeting, FCC Chairman Kevin Martin told reporters Monday. The FCC will vote on an order on reconsideration addressing issues raised by Sprint, Leap Wireless, MetroPCS, SpectrumCo and T-Mobile in petitions to reconsider last summer’s roaming order (CD Aug 8/07 p1). Martin is also seeking votes on a digital TV fine and an HD-carriage exemption for small cable systems.
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The roaming order on circulation would allow carriers to seek roaming rights during the first four years of owning a license, Martin said. Currently, a carrier need not honor a request by a counterpart with spectrum in a market, even if the counterpart’s spectrum isn’t cleared to allow network buildout.
Meanwhile, an order and rulemaking tackles the operation of wireless microphones and other low-power auxiliary stations in the 700 MHz Band. The item would place a freeze on the granting of new licenses for wireless microphones, and asks what rules the FCC should adopt to ensure new microphones don’t interfere with other devices on the band, Martin said.
Martin has also circulated an item asking how to implement the New and Emerging Technologies 911 Improvement Act of 2008, Martin said. Signed by President George Bush last month, the bill gives VoIP providers direct access to the 911 system at the same rates, terms and conditions as wireless providers. A final telecom item seeks comment on ways to improve the management and administration of the Universal Service Fund. The notice of inquiry responds to a GAO audit citing concerns about waste, fraud and abuse, Martin said.
The FCC won’t address early termination fees at the Aug. 22 meeting, despite previous statements by Martin indicating he would circulate something by summer’s end, Martin said. The FCC is “still trying to consider the ramifications” of recent court rulings, he said, noting last week’s ruling that Sprint Nextel’s ETF policy is unlawful (CD July 30 p8).
On media, Martin wants a vote on an exemption for small cable systems from the FCC’s material degradation rules to excuse them from carrying the HD signals of broadcasters guaranteed cable distribution. He said the order is similar to one that’s been circulating and has the support of all commissioners (CD June 25 p4). Martin said the order would exempt cable systems smaller than 553 MHz with fewer than 2,500 subscribers from FCC “material degradation” rules. Exempt systems still would have to carry the signal of must-carry TV stations to all subscribers, just not in HD, Martin said. Systems “affiliated with a major cable operator” couldn’t take advantage of the proposed exemption, the chairman said. FCC officials have said the order would exclude Comcast and Time Warner Cable because of their size.
Martin reiterated that the FCC isn’t working on an item on wholesale programming unbundling (CD Aug 1 p6). But he said he’s open to “any idea” that would reduce cable rate increases. “We need to find some kind of way to provide some kind of relief to cable consumers,” Martin said. “It’s important for us and critical for us to find some way to provide relief from extraordinary high cable rates for all cable consumers.”
Martin hasn’t gone over the items with other commissioners yet, he said. The FCC could vote early on the items, in which case there would be no need for a second August meeting, he said. The meeting will probably occur via telephone, and the FCC will arrange to let press and public participate, he said.