The FCC will proceed as planned on the National Broadband Plan while it considers whether to change the regulatory classification of broadband, General Counsel Austin Schlick said Friday during a teleconference sponsored by the National Regulatory Research Institute. Schlick also said the FCC could issue an interpretive order on reclassification without first proposing and taking comments on a notice of proposed rulemaking.
The FCC’s Spectrum Task Force is preparing a rulemaking notice that would promote leasing of 90 MHz of mobile satellite service (MSS) spectrum, and it’s expected to circulate for the July 15 meeting, leaders of the task force said at a press conference Friday. The commission is not expected to propose rules similar to those in the order approving the Harbinger-SkyTerra transaction, which requires the nation’s two largest carriers to seek FCC permission before leasing that spectrum.
An order approving AT&T’s buy of $2.35 billion worth of wireless licenses from Verizon Wireless was circulated last week by FCC Chairman Julius Genachowski, agency officials confirmed. The two carriers agreed on the sale to satisfy one of the conditions imposed by regulators when they approved Verizon’s buy of Alltel two years ago. The order is likely to be released over the next few days, FCC officials said.
A sharply divided FCC Thursday approved a notice of inquiry seeking comments on Chairman Julius Genachowski’s proposed “third way” broadband reclassification proposal. FCC Republicans Robert McDowell and Meredith Baker dissented sharply. Debate on the NOI showed deep divisions among the commissioners in their view of the broadband market and whether the FCC needs to reclassify Internet service under Title II of the Communications Act, while effectively keeping Internet content and applications under more light-handed Title I.
Two top House Commerce Committee Republicans Thursday asked the leaders of the House Commerce Committee to join them in a letter insisting that the FCC put a stop to broadband reclassification before Congress has a chance to investigate more fully. Meanwhile, Reps. John Shimkus, R-Pa., and Marsha Blackburn, R-Tenn., members of the Telecom Subcommittee, said in a call with reporters the “vast majority” of members of Congress oppose reclassification.
FCC Commissioner Robert McDowell, who was recently in New York to meet with analysts and investors, said the message emanating from Wall Street was clear: Chairman Julius Genachowski’s “third way” broadband reclassification proposal is already having a chilling effect on investment. A divided commission is to take up the Genachowski proposal Thursday. McDowell also said in an interview Wednesday that the FCC should complete action on the stalled white spaces proceeding quickly, so devices can be on store shelves in time for the 2011 holiday buying season.
An FCC white paper released Tuesday builds a case against giving public safety direct access to the 10 MHz D-block, which the National Broadband Plan proposes be sold in an upcoming auction. Public safety groups have waged a ferocious battle against the NBP’s recommendations.
The Rural Cellular Association (RCA), the Rural Telecommunications Group (RTG), T-Mobile, Sprint Nextel and many small and midsized carriers said the FCC should use its authority under Title III of the Communications Act to impose a data roaming obligation on carriers like the one for voice approved in 2007. But AT&T and Verizon Wireless countered that requiring roaming for data would violate the Communications Act. The commission sought comment on data roaming when it dropped the in-market exception for voice roaming (CD April 22 p4).
The FCC needs to weigh the potential effect on minority broadcasters if it proceeds with a proposal to urge broadcasters to sell off part of their spectrum for mobile broadband, FCC Commissioner Mignon Clyburn said Monday at the Rainbow PUSH Coalition meeting in Chicago on spectrum and the National Broadband Plan. She said the effect of the auction on broadcast diversity is one of a “number of potential landmines” for the auction proposal. Clyburn has voiced similar concerns before (CD March 17 p7).
CTIA said the FCC should “reject outright” Mobile Internet Content Coalition (MICC) arguments that net neutrality principles should be applied to SMS text messaging services and wireless carriers’ review of content providers’ marketing proposals. CTIA “misses the point” of the MICC arguments, Public Knowledge Legal Director Harold Feld told us Monday in response to the CTIA filing.