The U.S. Supreme Court declined to hear a case brought by the EMR Network, which had tried to force the FCC to revamp its radio-frequency (RF) radiation guidelines. The decision was a victory for wireless carriers, who view the case as raising RF safety issues they see as invalid. The Supreme Court action appears to close a lengthy legal effort by the group to force the FCC to reopen its RF rules. The EMR Network petitioned the FCC in late 2001 seeking further review. The Commission turned the group down, saying in part it lacked funds for the studies. In its pleading to the Supreme Court, the group, renamed the EMR Policy Institute, said major health issues were at stake. “We believe that electromagnetic radiation (EMR), which includes the extremely low frequencies (ELF), the radio frequencies and microwave (MW) radiation, may be hazardous to life and may constitute a significant threat to public health,” the group said. “This belief is based on credible research, spanning decades of scientific inquiry. Our mission is to enhance local, regional, national, and international efforts to reduce, mitigate, and where possible, eliminate hazardous exposure to EMR.”
CHICAGO -- VoIP guru Jeff Pulver will file a petition for reconsideration challenging an FCC order giving all VoIP operators 120 days to make 911 service available to customers. Pulver told a Supercomm dinner here Wed. night the order misunderstands the changing nature of communications and the business models made possible by VoIP.
Verizon is turning to Capitol Hill for help after getting beaten in Tex. on cable franchising, Verizon Exec. Vp. Tom Tauke told us Tues. He said early Hill contact has been favorable, but the Senate, as usual, is hard to predict. Tauke called a video franchise bill more likely as part of broader telecom legislation than as a stand- alone measure.
CHICAGO -- The cable industry is waging an “anticonsumer” battle in its fight with the telecom industry over franchise fees, SBC Group Pres-External Affairs Forrest Miller, the highest-ranking company official speaking at Supercomm, said Mon. Thomas Tauke, exec. vp-public affairs, policy & communications at Verizon, questioned whether it’s practical for Verizon to reach enough local agreements for franchises to make nationwide rollout of Fios feasible.
Bell Canada and Tellus said they will appeal a Canadian Radio-Television and Telecommunications Commission (CRTC) decision to regulate VoIP prices. The declaration follows through on earlier signals of resistance. UBS said it doesn’t expect U.S. regulators to follow the Canadian example, which it described as a win for Canadian cable operators.
Energy industry sources said Becky Klein, former chmn. of the Tex. PUC, seems headed to the Federal Energy Regulatory Commission to replace Pat Wood, rather than to the FCC. Klein is expected to be paired with Democrat Jon Wellinghoff, Nevada’s Consumer Advocate, which should speed approval. Wellinghoff is the candidate picked by Sen. Harry Reid (D-Nev.), the Senate minority leader. FERC Comr. Joe Kelliher, a former aide to Rep. Barton (R- Tex.) is contending for the chairmanship.
CompTel offered Commerce Dept. Technology Undersecy. Phil Bond its presidency, but he turned the job down, sources told us Fri. Sources denied rumors that NTIA Dir. Michael Gallagher was in the running for the CLEC association job. The CompTel Board has been seeking a strong candidate, most likely with solid Republican credentials, to replace former Pres. Russell Frisby. A source said Bond had questions about the influence of the group going forward. CompTel’s largest members, AT&T and MCI, are being absorbed by the Bells. Moreover, many companies in the CLEC industry are still revising business plans as UNE-P phases out in favor of market-negotiated rates. Bond didn’t comment. Bond has been at the department since Oct. 2001. Like Gallagher, he has strong ties to former Sec. Don Evans, a close friend of President Bush. Bond used to be dir. of federal public policy programs at Hewlett-Packard.
Verizon agreed to let merger partner MCI again talk with Qwest after Qwest again upped its bid for the CLEC Thurs. The Verizon statement comes after Qwest complaints that the MCI board was shortchanging shareholders. “Verizon has a signed agreement with MCI that we believe will deliver superior value to MCI’s shareholders,” Verizon said in a statement: “At MCI’s request, we have agreed that it may have discussions with Qwest about any offer Qwest presents until the MCI shareholder vote.” Banc of America analyst David Barden, who said “the ball is back in Verizon’s court,” assumes Verizon will come back with a revised offer for MCI. Jessica Zufolo, analyst with Medley Global Advisors, said she isn’t sure how the fight will come out: “Qwest is making a full frontal assault and pulling out all the big guns to change the dynamics of this deal. It seems like the conventional wisdom is Verizon will pull it out.”
Qwest made a 3rd offer for MCI on Thurs., raising its bid to $9.07 billion. Qwest urged the MCI board to weigh its offer. “We're not giving up,” Qwest Senior Vp Gary Lytle told us. “There’s no give-up in Qwest.” Lytle said Qwest is concerned that rival suitor Verizon has convinced the MCI board not to listen to shareholders. Lytle said Qwest specifically calls on MCI to let shareholders vote on its latest offer.
MCI once again rebuffed Qwest Tues. accepting a revised -- but still lower -- bid from chosen merger partner Verizon. Qwest said in a statement it was still assessing and left the door open to another run at MCI. Verizon offered $23.50 a share in cash and stock, which includes a 40-cent dividend MCI has already paid to shareholders. Qwest instead has offered $8.45 billion, or $26 a share.