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Telecom/IT Policy Highlights

October 2003

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Overview

Policy / Regulatory Activities

Judicial Activities

Other Activities and Items of Interest

Research/ Reports

Events

OTP News

Newsletter Info

Overview
The Georgia Public Service Commission (PSC) handed down an important ruling that requires Bellsouth to offer high speed Internet service to all Georgians and not just to their own voice telephone customers. In a 3-2 ruling, the PSC found that Bellsouth was in violation of state law. This debate in Georgia mirrors the national debate on whether the regional Bell companies should be required to give competitors access to their infrastructure and technologies. Subsequently, the PSC passed an amendment that would re-examine this issue again in thirty months.

The Federal Communications Commission (FCC) announced it would grant extensions to the country’s smallest wireless carriers to ensure that full and proper deployment of E911 plans are implemented. The Order to Stay [FCC 03-241, CC Docket 94-102] requires that extraordinary circumstances must occur that would prevent deployment, before the Commission would consider whether to grant a time extension. Due to the tremendous impact these initiatives have, the FCC noted the importance of meeting benchmarks and reliability standards.

In addition, the FCC this month released a Further Notice of Proposed Rulemaking (FNPRM) and Report and Order (R&O) [WT Docket 00-230, FCC 03-113] that addresses efficient use of spectrum through the elimination of barriers to the development of secondary markets. With expectations of creating broader access to spectrum resources, the FCC believes this FNPRM and R&O will enable a more facilities based provider of broadband and other communications services to enter into spectrum leasing agreements with Wireless Radio Service licensees. Comments are due December 5th, 2003 and reply comments are due January 5, 2004.

The FCC’s Wireless E911 Coordination Initiative will take place October 29 and 30 at the FCC. View Events section below for specifics.

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Policy / Regulatory Activities

3G Rules Adopted to Make Available More Spectrum
10.16.03 – The FCC adopted a Report and Order (R&O) [FCC 03-251] that will provide service rules for the 1710-1755 MHz and 2110-2155 MHz spectrum bands. These bands may be optimized to offer new voice, data, and broadband services. This spectrum will be licensed according to geographic area under the FCC’s Part 27 [ http://www.access. gpo.gov/nara/cfr/waisidx_02/47cfr27_02.html] rules and will be assigned by competitive bidding. The band plan for this spectrum will include a mixture of license sizes and geographic areas. View press release at http://hraunfoss.fcc.gov/edocs_public/ attachmatch/DOC-240030A1.txt. [Source: FCC]

FCC Allocates More Spectrum for Deployment of “Millimeter Wave” Technology
10.16.03 – The FCC has adopted service rules [FCC 03-248] for the use of commercial spectrum in the 71-76 GHz, 81-86 GHz, and 92-95 GHz bands. Specifics of the Report Order include the following:
Since these bands are able to be used in close proximity of each other without interference, the FCC has adopted a non-exclusive licensing approach for the bands mentioned. Commissioners feel that this approach will encourage investment and drive research and development in “new wireless optics” technologies. View press release at http://hraunfoss.fcc.gov/edocs_ public/attachmatch/DOC-239368A1.txt. [Source: FCC]

Georgia PSC Votes to Require Bellsouth to Open DSL to non-Bellsouth Users
10.22.03 – The Georgia Public Service Commission (PSC) ruled in a 3-2 vote that Bellsouth must offer access to its high speed Internet service to all Georgians, regardless of whether they are a Bellsouth customer or not. This ruling was the resolution of a case brought before the PSC by Bellsouth’s competitor MCI, citing that Bellsouth was “anti-competitive.” This case may require an adjustment in strategy on the part of the Bell companies adopted following a victory early this year when the FCC ruled that the regional Bells did not have to offer usage of its technology and infrastructure to competitors at “wholesale cost”. Commissioners Burgess, Wise, and Speir voted for the Order and Commissioners Baker and Everett voted against the Order. View press release at http://www.psc.state.ga.us/newsinfo/releases/2003/102103.pdf . [Source: Georgia Public Service Commission, Atlanta Journal-Constitution]

High-Cost Universal Support Mechanism Modified by FCC
10.16.03 – In response to a Tenth Circuit U.S. Court of Appeals ruling, the FCC modified its high-cost universal service support mechanism for the largest local telephone companies. This mechanism establishes the amount of federal support to be provided to non-rural carriers in each state. The FCC has found that rural and urban phone rates are reasonably comparable and that current support levels should be maintained based on data received from a General Accounting Office (GAO) Report. The Tenth Circuit U.S. Court of Appeals ordered the FCC to “to explain and define more precisely how its high-cost mechanism satisfied the statutory requirement to achieve reasonably comparable phone rates among rural and urban areas, to better justify the cost benchmark used to determine support amounts, and to develop a mechanism to induce states to assist in implementing the goals of universal service.”

The FCC issued an Order on Remand, Further Notice of Proposed Rulemaking (FNPRM), and Memorandum Opinion and Order (MO&O) [FCC 03-249, Docket No. CC 96-45] that will for the most part adopt recommendations provided by the Federal-State Joint Board on Universal Service. Some of these recommendations include requiring the states to compare rates in their rural areas with a nationwide urban rate benchmark to find whether such rural and urban rates are reasonably comparable, modify “the high-cost mechanism for non-rural carriers by basing the cost benchmark (which is used to determine the amount of support) on two standard deviations above the national average cost per line,” seek comment in a FNPRM on issues that concern the rate review and expanded certification process, including an FNPRM that seeks comment on whether “additional targeted federal support should be made available to states that implement explicit universal service mechanisms to encourage states to adopt universal service mechanisms that will be sustainable in a competitive environment.” View press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240035A1.txt. [Source: FCC]

Local Number Portability Implementation Guidelines Released
10.07.03 – The FCC released a Memorandum Opinion and Order [CC Docket No. 95-116, FCC 03-237] offering guidance to the industry on the implementation of wireless local number portability (WLNP). WLNP allows consumers to change wireless service providers within a given location and keep the same phone number. Wireless carriers will now be required to make WLNP available to consumers in the top 100 Metropolitan Statistical Areas (MSAs) starting November 24. The Order only addresses issues related to the implementation of wireless-to-wireless porting. The FCC will address pending issues related to wireline-to-wireless number portability in the future. The Order primarily addresses three WLNP implementation issues:
View Press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-239650A1.txt. View Order at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-237A1.txt. [Source: FCC]

FCC Releases FNPRM and R&O to Address Secondary Spectrum Markets
10.07.03 – The FCC has released a Further Notice of Proposed Rulemaking (FNPRM) and Report and Order (R&O) [WT Docket 00-230, FCC 03-113] that addresses “efficient use of spectrum through the elimination of barriers to the development of secondary markets.” Through the R&O, FCC moves to discard any unnecessary regulatory barriers to the development of secondary markets in spectrum usage rights. The policies and procedures they have adopted will facilitate significantly broader access to “valuable spectrum resources” by enabling a more facilities-based provider of broadband and other communications services to enter into spectrum leasing arrangements with Wireless Radio Service licensees. Facilitating the development of these secondary markets will enhance several of the FCC’s major policy initiatives and public interest objectives, including initiatives to encourage the development of broadband services for all individuals, promote increased facilities-based competition among service providers, enhance economic opportunities and access for the provision of communications services by designated entities (small businesses, rural telephone companies, and businesses owned by members of minority groups and/or women), and enable development of innovative services in rural areas.

The FNPRM seeks comment on “how to encourage the development of information and clearinghouse mechanisms that will facilitate secondary market transactions between licensees and new users in need of access to spectrum.” The FCC also seeks comment on “further streamlining of application processing for leasing, transfers, and assignments, modifying or eliminating other regulatory barriers impeding secondary market transactions, and expanding leasing to additional services” that are not covered by this R&O.

Comments are due December 5th, 2003 and reply comments are due January 5, 2004. View R&O and FNPRM at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc. [Source: FCC]

FCC Grants Small Extensions for E911 Deployment
10.10.03 - The FCC released an Order to Stay [FCC 03-241, CC Docket 94-102] that will provide clear direction to the country’s smallest wireless carriers that serve less than 500,000 subscribers (Tier III carriers) by mandating additional time to provide data to the FCC and establish a case-by-case process of reviewing E911 implementation plans within six months. Carriers that foresee problems with E911 implementation must demonstrate extraordinary circumstances, which prevent them from compliance and require temporary relief.

Tier III carriers seeking a stay of E911 deployment obligations were divided into three categories: “First, carriers seeking an extension of deployment benchmarks for handset and network-based systems equal to or less than the extension already granted to other Tier III carriers in the Commission’s July 2002 Non-Nationwide Carriers Order [CC Docket 94-102, DA 02-2560] were granted the same extension of September 1, 2003 to begin deployment of such systems. Second, Tier III carriers seeking further extensions or other relief from certain E911 requirements were granted a temporary stay of not more than six months from the release of this Order. Tier III carriers with pending waiver petitions were given one month to supplement their filings before the Commission begins to rule on the merits of those requests. Third, Tier III carriers seeking temporary forbearance from the enforcement of the accuracy and reliability standards of the Phase II E911 requirements were given a temporary stay of not more than six months, or until the Commission rules on their forbearance requests, whichever is shorter.”

The Order expresses the FCC’s opinion that due to the overwhelming public benefits of E911 service, it is most important that carriers meet the benchmarks that are set for reliability and accuracy standards. View press release at http://hraunfoss.fcc.gov/ edocs_public/attachmatch/DOC-239869A1.txt. [Source: FCC]

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Judicial Activities

Cable Modem Service Ruled as Information Service
10.06.03 – The U.S. Court of Appeals 9th Circuit released an opinion in Brand X v. FCC [No. 02-70518], that vacates an earlier 2002 FCC Declaratory Ruling [FCC 02-77, GN Docket No. 00-185, CS Docket No. 02-52] that concluded cable modem service is appropriately classified as an interstate information service and subject to FCC jurisdiction. The FCC Declaratory Ruling determined at that time cable modem service is not a cable service as defined by the Communications Act, but also noted that “cable modem service does not contain a separate telecommunications service offering and therefore is not subject to common carrier regulation.” View Brand X Internet Services v. FCC at http://caselaw.lp.findlaw.com/data2/circs/9th/0270518p.pdf. View FCC 02-77 at http://hraunfoss.fcc.gov/edocs_ public/attachmatch/FCC-02-77A1.pdf . [Source: U.S. Court of Appeals 9th Circuit, FCC, FindLaw]

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Other Activities and Items of Interest

Wireless Computing Solution Helps CPA Enforcement
10.07.03 – Recently, the Texas Comptroller of Public Accounts (CPA) implemented a program to use a wireless tablet personal computer called the Enforcement Wireless Computing Solution that will help increase the success of collecting past due taxes. This device will give CPA enforcement officers real-time access to data that will help manage caseloads more productively and “properly service the taxpayer’s case record.” The device may print a receipt of the collection on the spot and provide a taxpayers history, allowing for improved interactions between enforcement officers and the public. The new technology features will reduce paperwork, visits to delinquent taxpayers, and helps streamline duplicate data entry of data and documents. [Source: Government Technology]

Local Texas Government Builds Mobile Data Terminal
10.08.03 – The Harris County, Texas Radio Regional Radio Center has taken steps to build a regional Mobile Data Terminal (MDT) system that will serve thirteen counties and enhance public safety communications. It will have the capability to remotely help resolve problems that have been difficult to tackle in the geographic area because of having to administer technical personnel over great distances. The technology will feature “regional map displays of GPS field units, streets, hospitals, rivers, cities, counties and radio tower sites; visual identification of radio transmission path between MDT/AVL units and affiliated towers; total units logged onto the system and unit distribution by department; selective viewing of units, either individually or by department; find or track an individual unit; and address/coordinate searching.” [Source: Government Technology]

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Research/ Reports

Power-Line Telecommunications White Paper Released
9.30.03 – The British Broadcasting Company (BBC) Research and Development Division released a white paper by J.H. Stott and J.E. Salter entitled “The Effects of Power-Line Telecommunications on Broadcast Reception: Brief Trial in Crieff.” Abstract from the BBC: “A brief site visit to Crieff is reported; it took place, at the invitation of Scottish and Southern Electricity, to examine some Power Line Telecommunications (PLT) installations (used to connect domestic and commercial premises to the internet). Two competing systems are described, examples of which were seen, and the scope for interference to HF broadcasting assessed. The circumstances of the trial limited the scale of scientific experimentation, nevertheless some clear conclusions are drawn. Both systems caused interference to HF reception, although one system appeared to have made some attempts to limit this. Some suggestions are made how co-existence between PLT and home radio reception might be investigated; such investigation would be essential before any wide-scale implementation of PLT.” View white paper at http://www.bbc.co.uk/rd/pubs/whp/whp-pdf-files/WHP067.pdf. [Source: British Broadcasting Company]

Report on Broadband Internet Access in OECD Countries Released
10.07.03 – The FCC’s Office of Office of Strategic Planning and Policy Analysis (OSP) and International Bureau (IB) released a report that reviews the broadband policy experiences in Organization for Economic Cooperation and Development (OECD) countries such as South Korea, Sweden, and Germany. The report entitled “Broadband Internet Access in OECD Countries: A Comparative Analysis” concludes that:
- “In OECD countries, cable companies, rather than incumbent telecommunications carriers, have been the leaders in introducing broadband access services. This is especially true in countries such as Korea, Canada, Belgium, Sweden, and Japan.”
- “While telecommunications carriers in these countries did not lead the way to offering broadband access, they have often proven to be formidable competitors once they begin to offer DSL services. In 1999, 84 % of OECD broadband subscribers used cable modem services and 16 % used DSL. In 2000, the share held by cable modem users had slipped to 55%, with DSL users at 45%. In 2002, DSL took the lead with 54%, cable modems were at 41%, and other platforms at 3%. This suggests that DSL providers, particularly incumbents, are not innovators but have the ability to compete vigorously and gain significant market share once they decide to enter a market.”
- “Sweden is the only country with a significant number of broadband users with access to a third platform other than cable modem services and DSL. Almost as many subscribers use Ethernet LANS (fiber networks within apartment buildings) as cable modems.”
- “In Japan and Denmark, new entrants took advantage of unbundling and line sharing rules to use the incumbent telco’s lines to provide broadband. New entrants had a 44% market share in Denmark in 2001 (which since declined to 21% in 2002) and 60% market share in Japan. In both countries, competition from cable is weak and unbundling requirements may play an important role in promoting broadband access.”
The conclusions of this report will be incorporated into pending FCC proceedings such as In the Matter of Appropriate Framework for Broadband Access to the Internet over Wireline Facilities [CC Docket 02-33], and In the Matter of Inquiry Concerning High- Speed Access to the Internet Over Cable and Other Facilities [CS Docket 02-52]. View press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-239660A1.txt. View report at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-239660A2.doc. [Source: FCC]

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Events

FCC Consumer Advisory Committee Meeting Date and Agenda Announced
10.21.03 - The next FCC Consumer Advisory Committee meeting will take place on Thursday, November 20, 2003, 9:00 A.M. to 4:00 P.M., in the Commission Meeting Room of the FCC’s Headquarters Building, Room TW-C305, 445 12th Street, S.W., Washington, DC 20554. “The Committee will consider: (1) recommendations of its TRS Working Group regarding outreach and funding for telecommunications relay services; (2) a recommendation of its Broadband Working Group regarding further study of broadband issues; (3) recommendations of its consumer Complaints, Education and Outreach Working Group regarding funding for, and effective methods of, outreach to consumers; and (4) a progress report of its Ancillary Services Working Group. Time will also be allotted for working group meetings between 10:00 A.M. and 12:00 P.M. The Committee will also receive briefings by FCC staff regarding Consumer & Governmental Affairs Bureau activities and other matters.” The meeting will be webcast with open captioning at http://www.fcc.gov/cgb/cac. [Source: FCC]

Government Technology Conference (GTC) Next Month
10.30.03 – The third annual Government Technology Conference (GTC) will take place November 18-22 at the Georgia International Convention Center. The purpose of the GTC is to provide “an unbiased forum for government professionals and the IT industry to openly discuss and develop solutions for the public sector.” View the conference website at http://www.govtech.net/gtc/?pg=conference&confid=91.

Mitchell Makes Comments at Wireless E911 Coordination Initiative Meeting
10.03.03 - The FCC’s Wireless E911 Coordination Initiative took place October 29 and 30 at the FCC. Dr. Helena Mitchell, Director of the Rehabilitation Engineering Research Center on Mobile Wireless Technologies for Persons With Disabilities (Wireless RERC) attended the Wireless E911 Coordination Initiative at the Federal Communications Commission in Washington, DC October 29th and 30th, 2003. During the meeting Dr. Mitchell addressed the attendees from the floor, her comments included the importance of including measures to ensure the safety of persons with disabilities in the planning and role out of E911. She added that the work of the Wireless RERC which is sponsored by the Department of Education's NIDRR is working on wireless solutions to improve the independence of persons with disabilities and would be happy to talk to any of the industry and government attendees about the RERC activities. After the session several industry and government representatives thanked her for bringing up this critical issue of serving persons with disabilities. Several requested to be added to our newsletter and State of Technology conference outreach materials. View release at http://hraunfoss. fcc.gov/edocs_public/attachmatch/DA-03-3035A1.txt. Transcript and other materials made available at the meeting will be available through CC Docket 94-102.

U.S. Department of State Calendar on Telecommunication Events
10.10.03 – The U.S. Department of State has posted a calendar of select upcoming events in international trade and telecommunications for each month of the year. The calendar is updated once per quarter. View calendar at http://www.state.gov/e/eb/cip/. [Source: U.S. Department of State]

Wireless Internet and Municipal Government Summit in Atlanta
10.31.03 – November 19 and 20, 2003, the Wireless Internet Institute and Atlanta Mayor’s Office of Community Technology will hold a municipal summit at the Georgia Tech Hotel. This summit will create opportunities for dialogue among local elected officials, municipal technology executives, industry practitioners, and regulators. “The conference, featuring plenary sessions and structured brainstorming workshops will seek to establish strategies necessary to overcome obstacles and develop environments favorable to the broad deployment of Wireless Internet infrastructures in metropolitan areas focusing on the following critical themes: case studies and what was the role of various constituents, business models and partnerships in support of wireless Internet, benefits to citizens, local government, community development, economic development, the leadership role of Mayors in promoting Wireless Internet applications and developing policies. View information on conference at http://www.w2i.org/pages/atlanta112003/ manifesto.html . [Source: The Wireless Internet Institute]

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OTP News

OTP-Wireless RERC Submits Reply Comments to TRS NPRM
10.09.03: The Office of Technology Policy and Programs (OTP) Rehabilitation Engineering Research Center on Mobile Wireless Technologies for Persons With Disabilities (Wireless RERC) submitted Reply Comments to a Notice of Proposed Rulemaking (NPRM) [CC Docket 98-67, CG 03-123, FCC 03-241] that addressed Telecommunications Relay Service (TRS) and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities. The Wireless RERC concurred with comments submitted by Telecommunications for the Deaf, Inc. (TDI), that wireless subscribers with speech or hearing disabilities should receive the same level of service when placing emergency calls that hearing wireless subscribers currently receive. In agreement with earlier comments made by TDI on parity of service, the Wireless RERC stated that as technology becomes available, wireless carriers should provide 911/E911 information to TRS providers so that information can be passed along to the appropriate Public Safety Answering Point (PSAP). Another point of agreement between the Wireless RERC and TDI was that wireless carriers should be required to provide the same 911/E911 information to TRS users that they provide for speaking/hearing subscribers. Finally, the Wireless RERC concurred with TDI on the issue that the FCC should consider mandating that TRS vendors designate e-mail addresses for their facilities so that emergency messages may be sent via wireless text devices, and that those messages be directed to the appropriate PSAP. View submitted reply comments by the Wireless RERC at http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6515283455. [Source: FCC, Wireless RERC]

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Newsletter Info

Center for Advanced Communications Policy

Telecom/IT Policy Highlights
October 2003

The focus of this publication is to present legislative, regulatory, legal, and other activities that are germane to technology policy news, events or products. For additional information regarding the information provided in this report, or if there are newsworthy items that should be included in future editions, please feel free to contact , Director of Research and Editor in Chief.
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October 2003 Microsoft Word version / October 2003 TiPH (231kB) Adobe PDF version / October 2003 TiPH (131kB)

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October 2003

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