03.22.07 FCC Meeting Recap

The FCC tackled a big agenda on March 22, 2007. Here's brief summaries of the 13 items under consideration with links to additional coverage.

FCC LAUNCHES INQUIRY INTO BROADBAND MARKET PRACTICES
[SOURCE: Federal Communications Commission]
The FCC began an inquiry to better understand the behavior of participants in the market for broadband services. The Notice of Inquiry seeks information on the behavior of broadband market participants, including: How broadband providers are managing Internet traffic on their networks today; Whether providers charge different prices for different speeds or capacities of service; Whether our policies should distinguish between content providers that charge end users for access to content and those that do not; and How consumers are affected by these practices. The Notice of Inquiry further seeks comment on whether the Commission's 2005 Internet Policy Statement should incorporate a new principle of nondiscrimination and, if so, how would "nondiscrimination" be defined, and how would such a principle read.
http://www.benton.org/index.php?q=node/5254

* Public Knowledge Disappointed with FCC Broadband Notice of Inquiry
Gigi Sohn: "While we welcome the FCC’s interest in maintaining an open Internet, we are disappointed that the Commission chose to issue a simple Notice of Inquiry. This bureaucratic process will delay by months if not years the crucial action needed to guarantee that consumers will always have access to an open and non-discriminatory Internet — assuming that it issues a proposed rule after evaluating the information it receives from the inquiry."
http://www.publicknowledge.org/node/881

FCC CLASSIFIES WIRELESS BROADBAND INTERNET ACCESS SERVICE AS AN INFORMATION SERVICE
[SOURCE: Federal Communications Commission]
The FCC declared that wireless broadband Internet access service is an information service under the Communications Act (Act). This action places wireless broadband Internet access service on the same regulatory footing as other broadband services, such as cable modem service, wireline broadband (DSL) Internet access service, and Broadband over Power Line (BPL)-enabled Internet access service. It thus ensures, the FCC said, that wireless broadband Internet access services are similarly free from unnecessary regulatory burdens.
http://www.benton.org/index.php?q=node/5253

* Statement in response to Wireless Broadband Declaratory Ruling:
Harold Feld: “If the Commission genuinely wants to ‘standardize treatment of broadband services across platforms,’ it must require wireless services to allow subscribers to attach any device to its network. Media Access Project fully supports Commissioner Copp’s call for a Notice of Proposed Rulemaking to apply the Cartefone principles and the Commission’s network attachment rules to wireless networks.”
http://www.mediaaccess.org/press/MAP%20Statement%20on%20Wireless%20Rulin...

FCC ADOPTS RULES FOR DIGITAL AUDIO BROADCASTING
[SOURCE: Federal Communications Commission]
The FCC adopted a 2nd report and Order on Digital Audio Radio (digital radio to you and me). In the Order, the Commission: Refrains from imposing a mandatory conversion schedule for radio stations to commence digital broadcast operations; Allows FM radio stations to operate in the extended hybrid digital mode; Requires that each local radio station broadcasting in digital mode to simulcast a digital signal of at least comparable audio quality to its analog signal; Adopts a flexible bandwidth policy permitting a radio station to transmit high quality audio, multiple program streams, and data casting services at its discretion; Allows radio stations to time broker unused digital bandwidth to third parties, subject to certain regulatory requirements; Applies existing programming and operational statutory and regulatory requirements to all free DAB programming streams; Authorizes AM nighttime operations; Dismisses several pending Petitions for Reconsideration and Petitions for Rulemaking that asked, inter alia, the Commission to reconsider the adoption of iBiquity's in-band, on-channel (IBOC) system as the technology chosen for DAB transmission; Seeks further comment on appropriate limits to the amount of subscription services that may be offered by radio stations; and Seeks comment on whether the Commission should adopt any new public interest requirements for digital audio broadcasters.
http://www.benton.org/index.php?q=node/5252

* MAP Disappointed With FCC Digital Radio Order
Parul Desai: "The transition to digital radio, which will provide additional streams for programming and other services, presents an opportunity and platform for new and diverse voices and greater service to the public. It is unfortunate that the Commission majority refused to include even a word of official encouragement to broadcasters to voluntarily address the lack of independent programming, especially that created by women and people of color. As Commissioners Copps and Adelstein warned, the Commission’s work remains unfinished. Today's item leaves to a later date specific public interest obligations. Hopefully, the recognition of the current state of radio will guide the Commission as it resolves the proposed NPRM. While not a complete solution to the lack of diverse voices and perspectives, the Commission must seize on this opportunity to increase the participation of minorities and females in radio broadcasting. The Commission must seize upon this opportunity to ensure that the public receives truly beneficial services and programming, as the public airwaves were intended to be used. Only then will digital radio live up to its full potential."
http://www.mediaaccess.org/press/MAP%20Statement%20on%20DAB%20Order.pdf

FCC INITIATES RULEMAKING TO EVALUATE ACCESS TO MULTIPLE DWELLING UNITS FOR VIDEO PROVIDERS
[SOURCE: Federal Communications Commission]
The FCC adopted a Notice of Proposed Rulemaking that seeks comment on issues relating to the use of exclusive contracts for the provision of video services to multiple dwelling units ("MDUs") or other real estate developments. With this proceeding, the Commission is taking another step to foster greater competition in the market for the delivery of multichannel video programming.
http://www.benton.org/index.php?q=node/5251

* MAP Statement in response to FCC inside wiring NPRM
Harold Feld: "This action has the potential to bring the benefits of competition to millions of apartment renters, many of whom live in low-income neighborhoods. Hopefully, access to competing providers will lower costs and improve customer service for these communities. Landlords and incumbent monopolists have no right to collude to deny citizens the freedom to choose what they see, how they access the Internet, and how they talk to one another. But as Commissioner McDowell made clear, the Commission must ensure that the freedom to choose extends to _all_ communications services ­ video, voice and data. If the final rule permits exclusive contracts in voice or data, the Commission will have failed in its responsibility to protect all Americans from incumbent monopolists.”
http://www.mediaaccess.org/press/MAP%20Statement%20on%20MDU%20Order.pdf

FCC APPROVES CITADEL/DISNEY RADIO TRANSACTION
[SOURCE: Federal Communications Commission]
The FCC Thursday approved the sale of 24 Disney (ABC) radio stations to Citadel. As part of the deal, Citadel has agreed to shed 11 of its current stations so that it does not exceed FCC local-ownership caps.
http://www.benton.org/index.php?q=node/5250

FCC EVALUATES 76 NONCOMMERCIAL EDUCATIONAL FM APPLICATION GROUPS
[SOURCE: Federal Communications Commission]
The FCC adopted a Memorandum Opinion and Order that will bring new or improved noncommercial educational ("NCE") FM broadcast service to 76 communities, with millions of people expected to benefit from this decision.
http://www.benton.org/index.php?q=node/5249

FCC ADOPTS ANNUAL REPORT ON STATE OF COMPETITION IN THE SATELLITE INDUSTRY
[SOURCE: Federal Communications Commission]
The FCC adopted its First Annual Report to Congress on the state of competition in the communications satellite services industry. This inaugural report examines six wholesale and two retail satellite services markets for the period of 2000 through 2006. The FCC finds effective competition in the satellite markets addressed, based on a range of standard economic indicators commonly used to assess market concentration, conduct and performance.
http://www.benton.org/index.php?q=node/5248

FCC GRANTS 182 E-RATE APPEALS
[SOURCE: Federal Communications Commission]
The Federal Communications Commission granted 182 appeals filed by schools and libraries of decisions by the Universal Service Administrative Company (USAC) that reduced or denied funding to the institutions under the E-rate program.
http://www.benton.org/index.php?q=node/5247

FCC ADDRESSES RULES FOR PRIVATE LAND MOBILE RADIO SYSTEMS TO TRANSITION TO 6.25 kHz NARROWBAND TECHNOLOGY
[SOURCE: Federal Communications Commission]
The FCC adopted a Third Report and Order (Order) that declines, for now, to establish a fixed date for private land mobile radio (PLMR) systems in the 150-174 MHz and 421-512 MHz bands to transition to 6.25 kHz narrowband technology, but strongly urges licensees to consider migrating directly to 6.25 kHz technology rather than first adopting 12.5 kHz technology and later migrating to 6.25 kHz technology. The Order also revises the implementation date of the 6.25 kHz equipment certification rules from January 1, 2005 to January 1, 2011.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271692A1.doc

FCC SEEKS COMMENT ON PERMITTING THE USE OF SMALLER ANTENNAS BY FIXED SERVICE OPERATORS IN THE 11 GHz BAND
[SOURCE: Federal Communications Commission]
The FCC adopted a Notice of Proposed Rulemaking (Notice) that seeks comment on permitting the installation of smaller antennas by Fixed Service operators in the 10.7-11.7 GHz band. The Notice asks whether this action would serve the public interest by facilitating the efficient use of the 11 GHz band while protecting other users in the band from interference due to the use of smaller antennas. Today's Notice was adopted in response to a Petition for Rulemaking filed by FiberTower, Inc., a wireless backhaul provider, and to comments received in response to that Petition.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271694A1.doc