The 3rd draft of a telecom reform bill from Senate Commerce Committee Chmn. Stevens (R-Alaska) addresses net neutrality but doesn’t assuage critics’ fears that network operators like AT&T and Verizon will be able to discriminate against content providers like Google and Amazon.com, sources told us Sat. It goes further than Stevens’ previous draft, which simply required the FCC to conduct a study on the controversial topic. The new version of S-2686 is expected to become public Mon.
The VON Coalition urged the Commission not to go through with an interim plan to require VoIP providers to pay into the Universal Service Fund (USF) based on a percentage of their revenue (CD May 31 p1). The coalition said in a filing Wed. it was concerned the action, which is on the agenda for the June 21 open meeting, could delay broader reform of the USF contributions system. It said it supported FCC Chmn. Martin’s proposal to eventually move away from revenue as a basis for contributions and feared this interim plan, because it’s based on revenue, would stymie that move. The FCC in essence would be setting up an interim contributions process for VoIP providers and then turning around and setting up a 2nd one once full reform was accomplished, the coalition said. That would mean requiring 2 “fundamental shifts” in tracking and billing practices, the group said. The coalition also questioned whether adding VoIP providers to the pool would make up for contributions lost when DSL providers stop paying into the fund, which reportedly is one of the purposes of the interim plan. “The VON Coalition recommends that, instead of potentially putting the sustainability of the [USF] in jeopardy… the Commission should move promptly to adopt comprehensive reform measures.”
The FCC will vote on contentious multicast must-carry rules at its June 21 meeting, according to an agenda released Wed. The order, which would reverse a previous rulemaking, didn’t mention so-called digital downconversion, once rumored to be on the agenda. The meeting was delayed a week in part to give new Comr. McDowell a chance to review must-carry before he votes on it, sources said. Another media item to get a vote Wed. is a broad ownership review, championed by Chmn. Martin. The FCC also will take up a rule newly imposing universal service charges on VoIP and raising the safe harbor percentage for wireless payments into the USF. Also on the agenda: a broadcast satellite NPRM addressing 17.3-17.7 GHz, known as the “reverse DBS band.” The rulemaking will consider licensing and service rules for the satellite spectrum, which will be available effective April 1, 2007, substantially increasing DBS bandwidth over the U.S.
The House subcommittee overseeing the FCC Wed. marked up a bill that would give the Commission $294 million -- $4.5 million more than last year but $8 million less than the agency requested. The bill would enable the FCC to conduct more audits and oversight of the Universal Service Fund (USF), where “reports of waste, fraud, and abuse plague the program,” according to statements by House Appropriations Science, State, Justice & Commerce Chmn. Wolf (R-Va.).
FCC wrongly used TNS Telecoms bill-harvesting data as a source for a new universal-service wireless safe harbor of 37.1%, Verizon and Cingular said. Cingular said that number, proposed for approval by the Commission (CD May 31 p1), seems to match one in a 2005 TracFone PowerPoint presentation filed with the FCC. “Neither TracFone nor TNS proffered that study for the purpose of modifying the wireless safe harbor, and -- as TracFone readily admits -- the TNS study is inherently unreliable,” Cingular said: “TracFone states that the errors are likely to understate interstate usage, but Cingular believes the study’s assumptions would just as likely overstate it.” Verizon told the FCC: “If the Commission decides to make any changes to its USF policies for wireless carriers it should not do so based upon the TNS study.”
Many VoIP providers may have to rely on a proposed 64.9% safe harbor to figure their universal service contributions, rather than being able to use traffic studies such as those the wireless industry uses, VoIP and wireless carrier sources said Fri. To wireless carriers’ relief, the FCC is signaling it will keep allowing traffic studies showing actual call volume as an alternative to using the safe harbor, sources said. Wireless carriers voiced alarm after reports surfaced (CD May 31 p1) the FCC planned to hike their safe harbor to 37.1% from 28.5%.
The House video bill’s passage (CD June 9 Special Report) doesn’t presage smooth Senate approval of franchise reform, including Commerce Committee Chmn. Stevens’ (R- Alaska) telco proposal, said industry and Hill sources. They give low odds on 2006 overhaul because between now and the midterm elections there’s little time to pass Stevens’ bill - - still in draft -- and then reconcile the 2 bills. Differences between House and Senate proposals further complicate the path, they said.
Net neutrality crusaders licked their wounds Fri. and promised to fight hard in the Senate. The House rejected 152-269 a measure sponsored by House Telecom Subcommittee Ranking Member Markey (D-Mass.) and backed by an amalgam of Internet firms, consumer and public interest advocates and religious and family groups (CD June 9 Special Report). While the movement has its supporters in the Senate, like Sens. Snowe (R-Me.) and Dorgan (D-N.D.), Internet players said it’s too soon to tell how they'll fare on the other side of Capitol Hill. Meanwhile, telco and cable hailed their House victory.
At our deadline, the House was expected to endorse a rule allowing a net neutrality amendment to the House video bill (HR-5252), which in turn was set for vote later Thurs. The amendment, by Rep. Markey (D-Mass.), would subject network operators to anti-bias rules and provide for expedited complaint review. It’s among 8 amendments the Rules Committee decided to accept late Wed. after a hearing on about 25 proposed changes to the bill.
FCC Chmn. Martin’s proposal for expanding the universal service fund contribution base is “a good first step to stabilize the… USF,” a rural telecom coalition said Mon. The Commission is considering adding VoIP providers to the contribution base and increasing the amount wireless carriers pay. The Coalition to Keep America Connected said the plan would ease funding concerns while giving the FCC time to craft a more comprehensive plan. “The fact that the FCC recognizes that wireless, VoIP and cable digital voice providers have a responsibility to pay for the network and a social obligation to preserve the USF program should be welcome news not only to rural customers who rely on the fund but for all Americans that benefit from a ubiquitous network,” said Lisa Zaina, exec. dir. of the Independent Telephone & Telecom Alliance, a coalition members.