FCC Lacks Multicast Muscle, Says McDowell

FCC LACKS MULTICAST MUSCLE, SAYS MCDOWELL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
New FCC Commissioner Robert McDowell put something of an exclamation point on his regulatory independence in a briefing with reporters Tuesday, including making it clear he does not think the FCC has the authority to mandate multicast must-carry without clearer direction from Congress. Commissioner McDowell said he saw two principal issues on the FCC agenda, "threading the needle" of the third circuit remand of media ownership rules, and revamping the universal service fund, which underwrites telecommunications deployment to rural and underserved areas via contributions from industry. Commissioner McDowell, who was sworn in June 1, said he was open to separating the omnibus FCC ownership review into smaller bites rather than "one big kidney stone to pass." He also said he wanted to take a wait-and-see approach to the issue of cable a la carte, saying consumer demand may force a private sector solution. As to multicast must-carry, which like a la carte has been pushed by FCC Chairman Kevin Martin, an engaging and at-ease McDowell said he did not believe Congress had given the FCC authority to mandate it, saying if Congress wanted to give it that express authority it could. McDowell called "network neutrality" a Rorschach term (those ink blotches psychologist ask patients to interpret), that depends on where you stand. Where he stands, he said, is in support of the FCC's four neutrality principles and concerned with balancing the need for network management with the threat of abuse. He said it would be tough for the government to apply a prophylactic for a problem that does not yet exist, suggesting that the FCC did not want to be the French goalie, referring to a World Cup soccer shootout in which that goalie, as with most goalies in such shootouts, kept guessing left when the ball went right, or vice versa. Commissioner McDowell said that if a franchise reform bill does not pass, the FCC has the authority to step in and take action itself.
http://www.broadcastingcable.com/article/CA6360473?display=Breaking+News

* McDowell Sees FCC Role in Cable Franchising
http://www.multichannel.com/article/CA6360712.html?display=Breaking+News

* TW/Bell South Merger Could Face 2-2 FCC
[SOURCE: Broadcasting&Cable, AUTHOR: ]
New Republican FCC Commissioner Robert McDowell, formerly with independent telecom association Comptel, could be recused from the AT&T/Bell South merger review, but it hasn't happened yet. If McDowell can't cast a vote, that will leave the FCC with a 2-2 commission, as it had during the marathon 404-day review of the Comcast/Time Warner/Adelphia deal. McDowell told reporters Monday there was a one-year period during which he had to steer clear of proceedings in which Comptel filed, and that if/once it did weigh in, he would have to step away. Comptel filed a formal petition to deny the merger June 5, according to the group, only four days after he was sworn in.
http://www.broadcastingcable.com/article/CA6360751?display=Breaking+News