The FCC named Carol Mattey Wireline Bureau deputy chief. For the last six months, Mattey was a senior policy adviser on the Omnibus Broadband Initiative. National Telecommunications Cooperative Association Vice President Dan Mitchell said in an interview: “She’s demonstrated her knowledge and understanding of USF reform.” Unless you visit rural and underserved areas, “like she’s been able to, it’s very difficult for FCC staff to get our perspective,” he said.
The FCC is circulating a proposed order in response to a remand by the 10th U.S. Circuit Court of Appeals, an FCC official said. In 2001 and 2005, the court called the commission’s current non-rural high cost support mechanism unlawful, and reversed and remanded the rules. The commissioners will vote on the order by April 16, the official said. The FCC agreed to the deadline after Qwest and three state regulators filed a mandamus petition last year, the FCC official said.
A court decision that the FCC lacked authority to regulate Comcast network management could fuel arguments for a legislative approach to Universal Service Fund reform, said Hill and industry officials. The ruling may not spur the Hill to action on USF this year, given an uninterested Senate and tight legislative schedule (CD April 7 p4), they said. The National Broadband Plan outlined a way for the FCC to revamp USF on its own, but House Communications Subcommittee Chairman Rick Boucher, D-Va., has voiced skepticism the agency can do a USF overhaul without Congress.
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.
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.
The FCC will vote at the April 21 meeting on an order that would pull back the in-market roaming exclusion, approved in 2007 as part of the commission’s automatic roaming rules. The same item calls for the FCC to put out a further rulemaking notice seeking additional comment on data roaming. The actions have been expected since December (CD Dec 9 p1).
FCC Commissioner Meredith Baker said she remains open-minded about net neutrality, but she questioned whether a compromise can be made to gain her support by removing the application of rules to wireless. Baker, who joined the commission in July, told us she’s pleased with the approach of the National Broadband Plan toward spectrum. Baker also called for a quick review of all deals before the FCC, including Comcast-NBC Universal, limiting conditions to those directly involved, and helping broadcasters in small- and mid-sized markets in the media ownership review.
The FCC may not be able to turn the National Broadband Plan into action as fast as the report to Congress envisions, former FCC Chairman Michael Powell warned in an interview. Congress may never act on some recommendations, and it could revise others, said Powell, who co-chairs the industry advocacy group Broadband for America. The FCC’s part depends on completing long and “messy” rulemaking proceedings “that may or may not come out the way that is envisioned,” he said. Powell also sought a targeted revamp of the Telecom Act.
Debate over the FCC’s authority to regulate the Internet heated up at a House Communications Subcommittee hearing Thursday on the National Broadband Plan. Republicans strongly opposed the FCC invoking Title II of the Communications Act if the commission loses an effort to persuade the U.S. Court of Appeals for the District of Columbia Circuit that it can regulate broadband under Title I. But Democrats seemed open to the possibility. Lawmakers from the two parties differed on plan details but praised the FCC for hard work and ambition. “Y'all have done as good as could be done,” said Rep. Joe Barton, R-Texas, the Commerce Committee’s ranking member.
LAS VEGAS -- Commissioners will next week get a calendar laying out basic timing of the rulemakings and other actions that follow up on the National Broadband Plan, FCC officials said at the spring CTIA meeting. Commissioners won’t vote on the schedule but it’s expected to be discussed at the April 22 meeting.