Increased Prospects for Broadband Deployment under Obama

A broad coalition of telecommunications companies and organizations has called upon President-elect Barack Obama to prioritize broadband deployment and stimulate investment in broadband services.  This large coalition – which includes AT&T, Verizon, Google, Alcatel-Lucent, organizations representing the cable and wireless industries, organizations representing state and local governments, as well as consumer groups – emphasizes both infrastructure deployment and demand stimulation to foster broadband investment, adoption and utilization.  Specifically, the coalition advocates, among other things, expanding the coverage of broadband networks to areas where there are currently none, obtaining higher speed connections in areas where networks already exist, and providing subsidies to low-income individuals to purchase a computer or pay for a broadband connection.  To achieve these objectives, the group favors tax incentives, grants, low-cost loans and loan guarantees, and universal service subsidies.

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Senate Passes FISA Bill With Telecom Immunity

The Senate recently voted 69-28 in favor of a bill (H.R. 6304) that will provide retroactive legal immunity to telephone companies that participated in the Bush administration's warrantless surveillance program.  The bill’s passage ended more than a year of legislative debate over whether to immunize phone companies from lawsuits filed by subscribers alleging that the companies violated their civil rights by participating in the program.

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FCC Steps Up DTV Enforcement

The FCC’s recent DTV enforcement actions made one thing clear – the Commission is being vigilant in the enforcement of its digital television (or “DTV”) regulations.  On April 9, 2008, the FCC adopted notices of apparent liability (“NALs”) against eleven companies for mislabeling analog-only television sets with no digital tuners, leaving full V-chip functionality out of DTV sets, and shipping analog-only sets with no digital tuners.  The proposed fines total $6.6 million.  The FCC also issued consent decrees against seven companies that collectively agreed to pay $3,445,000 for V-chip violations.

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Incumbents Big Winners in 700 MHz Auction

The FCC recently announced the results of auctions for newly available 700 MHz radio spectrum.  Altogether, 1090 licenses were sold to 101 different bidders.  Over $19 billion was raised by the auction – an amount that far exceeds the sum raised in any single spectrum previously conducted and went beyond Congressional estimates by about $9 billion.

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Washington Update - July/August 2007

I. Legislative Branch Activity

A. Senate Committee Passes Three Telecom Bills.

On July 19, the Senate Commerce Committee approved three telecommunications bills: a broadband data bill (S-1492), a number porting measure (S-1769), and an indecency bill (S-1780). The broadband data bill, as passed by the Committee, directs the Commission to use Form 477 data to determine broadband service tiers, creating a separate tier for advanced services. The requirements for Form 477 would be altered to identify actual numbers of broadband connections associated with subscribers. In addition, the FCC would be allowed to choose whether to utilize 5-digit or 9-digit zip codes, or census tract information.

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Washington Update - June 2007

I. Legislative Branch Activity

A. Senate Committee Passes Caller ID Spoofing Bill.

On June 28, the Senate Commerce Committee, by a voice vote, passed an anti-spoofing bill (S-704). This bill orders the FCC to write rules within 6 months of enactment and would impose civil and criminal penalties up to $10,000 per violation, capped at $1 million. The House passed a similar bill on June 12 (HR-251), which was referred to the Senate Commerce Committee.  Little debate occurred and the effort maintains strong bipartisan support.

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Washington Update - May 2007

I. Legislative Branch Activity

A. Inouye Introduces Broadband Deployment Bills.

On May 24, Sen. Inouye (D-HI) presented a bill (S.1492), which seeks to improve upon the quality of data collection used for FCC broadband status reports. Instead of the current standard use of 5 digit zip codes, the bill calls for expansion to 9 digit codes, thus highlighting underserved areas more precisely. Sen. Inouye's bill demands that the FCC reevaluate its 200 kbps definition of high-speed service, and it would create a "2nd generation" level that has enough bandwidth for uses like streaming video.

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Washington Update - March/April 2007

I. Legislative Branch Activity

A. Senate Commerce Committee Meets to Discuss Universal Service.

On March 1, the Senate Commerce Committee invited Commissioners Tate and Copps, as well as other regulatory officials, to discuss the Universal Service Fund (USF). Senators from rural areas demanded that broadband needs to play a part in the USF program. Commissioner Copps endorsed adding broadband, but added that he could probably not gather the two additional votes necessary. Commissioner Tate said, while she believes the FCC has the authority to make the change, that adding broadband to the USF requires further study. Other panelists insisted that Congressional action would be necessary to ensure that USF issues are addressed quickly, as changes by the FCC could take several years.

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Washington Update - February 2007

I. Legislative Branch Activity

A. FCC Commissioners Go Before Senate Commerce Committee.

On February 1, all five FCC Commissioners met with the newly Democratically controlled Senate Commerce Committee. Committee Chairman Senator Inouye (D-HI) expressed concern over a special access provision in the AT&T/BellSouth merger and questioned Chairman Martin about his stated qualms over its legality. Many lawmakers were eager to discuss the country's low standing worldwide in broadband deployment. Martin responded that making wireless broadband an information service might be possible and would ease regulations that inhibit expedited growth.  Other matters brought up by Senators included the privacy of phone records, E-911, the Universal Service Fund, and public input on any new broadcast ownership rules.

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Washington Update - January 2007

I. Legislative Branch Activity

A. Optimism for Major Telecom Legislation Waning.

As Congressmen settled into the new Congress in January, staffers for Senate Commerce Committee Chairman Daniel Inouye confirmed that he will seek to pass smaller, more targeted communications bills in this session. The key telecom companies such as Verizon, BellSouth, and AT&T, who supported GOP-led legislation, are expected to withdraw support for any major Democratic measures. Inouye has called for a hearing on the state of the telecom marketplace for February 1. All five FCC commissioners will be there to present their testimonies and answer what are expected to be tough questions from Democrats.

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