The Comcast decision on net neutrality resonates in Europe, several sources said Wednesday. The ruling (CD April 7 p1) is a “nice reminder” that there’s a limit to what regulators can do, even in Europe, said Hogan & Hartson (Paris) telecom attorney Winston Maxwell. It could spark confusion over the connection between broadband and net neutrality regulation, said Innocenzo Genna, a Brussels telecom consultant. The issue of net neutrality is proving so important that French telecom regulator ARCEP plans a day-long conference on it this month. Among key topics is how to define it.
Ohio’s Public Utility Commission rejected telecom union demands to rescind an order approving Frontier’s proposed acquisition of Verizon landlines and convene a new set of hearings on the matter. Ruling Tuesday, the commission said it found no merit in arguments for a rehearing advanced by the Communications Workers of America and the International Brotherhood of Electrical Workers. The unions claimed the commission wrongly and unlawfully approved the proposed transactions.
"There’s no compelling reason that this is an exciting thing to do,” Verizon CEO Ivan Seidenberg said about a merger with Vodafone. Speaking at a Foreign Policy Council event, Seidenberg said he would want to revise the structure of the joint venture under which the two companies own Verizon Wireless. The notion of a global wireless-only carrier is no longer the preferred model because of difficulties reaching economies of scale, he said. Meanwhile, Verizon would be open to carrying Apple’s iPhone on its network, Seidenberg said. But it’s Apple’s call, he said.
Company and government officials sought government policies that would let more consumers manage energy consumption using Web-enabled devices, they said at a briefing hosted by Google and the Climate Group Tuesday. Meanwhile, positive signs were seen on Capitol Hill on efforts that could meet the Obama administration’s goal of a comprehensive energy plan, said Carol Browner, assistant to the president for energy and climate change.
The FCC is likely to change its approach to net neutrality after losing a case Tuesday where enforcement of 2005 principles of ISP conduct was at issue, advocates for and opponents of new mandates told us. The U.S. Court of Appeals for the D.C. Circuit ruled that the commission lacked ancillary authority to censure Comcast’s network management practice of blocking peer-to-peer transmissions, as was expected (CD Feb 3 p2). The D.C. Circuit said it was unpersuaded by commission arguments that Sections 1, 230(b), 623, 706 and other parts of the Communications Act made the 2008 order within the scope of its congressional authority. Congress’ role is to facilitate “fresh” discussion on net neutrality, get consensus among all stakeholders and write a law, said House Communications Subcommittee Chairman Rick Boucher, D-Va.
The November elections and other factors probably will slow Hill action on recommendations in the National Broadband Plan, said industry observers. The plan asks Congress for help in a number of key areas. Public safety and Universal Service Fund legislation may have the best chance for near-term action, but neither is a sure bet, they said. It seems particularly tough to move much on the broadband plan this year in the Senate, which right now “can’t agree that the sky is blue,” said a telecom industry lobbyist.
Helping senior citizens recognize the Internet’s relevance to daily life is key in encouraging them to adopt broadband, representatives from groups for aging adults said Tuesday during a news conference. Consumer Action, Older Adults Technology Services and others formed Project Goal to promote broadband adoption to older adults. While 65 percent of Americans have adopted broadband, only about 35 percent of those over 65 have, said Blair Levin, executive director of the FCC Omnibus Broadband Initiative. The National Broadband Plan recommendations targeting under-adopted communities, including seniors, are just part of the effort, he said. “If the federal government tries to tackle barriers to adoption alone it will fail,” and it must “draw upon the power of community groups, private companies and government."
Potential rule changes in the wireless communications service band meant to open up new spectrum for broadband services still have several flaws, say Sirius XM and the WCS Coalition, reacting to a rulemaking notice issued Friday. Further disagreement over the rules was expected by the FCC Office of Engineering, International Bureau, and Wireless Bureau, which acknowledge in the public notice “the draft rules do not adopt any party’s proposal in full” but say the rules “take a fair and balanced approach” to facilitating broadband use in the largely unused spectrum.
The FCC’s April 21 meeting will start the agency on the long road to implementing the National Broadband Plan. The FCC will take up items touching on the future of the Universal Service Fund, data roaming, an area discussed by the plan, and two media items on network-gateways and CableCARD rules, also in the plan (CD April 1 p4), officials said. Dozens of other plan-related items await commissioner attention. Industry and FCC officials expect an active year as the agency moves forward on implementing the plan.
Two draft items to be voted on at the FCC’s April 21 meeting would take different approaches to making it easier for pay-TV subscribers to use devices not supplied directly from those companies to get video, Web and other content, numerous commission and industry officials said. A CableCARD rulemaking notice for all cable operators, with a partial exemption for small systems, deals with ways subscribers can use CableCARDs with plug-and-play devices, the officials said. An inquiry on all-video devices would have cable, satellite and telco-TV providers offer small, inexpensive devices so subscribers could connect to their networks using third-party gear, they said. The devices would contain the proprietary information to connect to the network of a particular provider, they said.