October 5, 2006 Bulletin #111 IN THIS WEEK'S ISSUE: FCC LAUNCHES FCC LAUNCHES HOMELAND SECURITY BUREAU HOMELAND SECURITY By Ben Young BUREAU THE FCC MEDIA CIRCUS IS UNDERWAY The Federal Communications Commission ("FCC") has formally launched a new "Public Safety and Homeland Security Bureau" to ensure that public A "LAME DUCK" SESSION safety needs are addressed in times of emergency. The official purpose of the COULD SAVE TELECOM new Bureau will be to promote a more efficient, effective and responsive REFORM organizational structure and to better promote and address public safety, homeland security, national security, emergency management and ARRL PLANS APPEAL OF preparedness, disaster management, and related issues. CERTAIN BROADBAND OVER POWERLINE RULES The new Bureau will be responsible for many of the combined public-safety functions that were previously handled by several other bureaus and offices, NOT SO FAST - NSA including which assumed issues pertinent to wireless and wireline emergency SURVEILLANCE PROGRAM communications, spectrum licensing, and general policy and planning. The CONTINUES FOR NOW Bureau will be structured to include Policy, Public Communications Outreach, and Operations and Communications Systems Analysis divisions. The current FEDERAL COURT chief of the Public Safety and Critical Infrastructure division of the Wireless ROUNDUP Technology Bureau will serve as the new deputy chief of the new Bureau's policy division. Troutman Sanders Commenting on this new Bureau, the FCC recently stated, "The events of Telecommunications September 11, 2001, and last year's hurricane season underscored America's Practice Group dependence on an effective national telecommunications infrastructure." Socket to Me Archive Moreover, "The new bureau will build on the Commission's longstanding commitment to meet the needs of public safety by promoting robust, reliable and resilient communications services in times of emergency." Among the Team Leader issues most important to the process is interoperability, Acting Bureau Chief Williams, Robert P. II Ken Moran told the Commission. The FCC Order creating the new Bureau can 404.885.3438 be found here. 404.962.6721 Benedict, Thane back to top Hull, Gerit Kirsner, Matthew B. Kowalski, Raymond A. THE FCC MEDIA CIRCUS IS UNDERWAY Lawhon, Joseph R. By Ray Kowalski Ragsdale, Joy M. Schwalb, Eric J.. Still, William R.. Every now and again the Federal Communications Commission takes its show Wilson, David K. on the road, in order to bring government to the people. This week was one of those times as the FCC convened the first of six public hearings on the subject Young, Benjamin L. of its media ownership rules. The hearings were held in Los Angeles and El Zdebski, Charles A.. Segundo, California, where the commissioners listened to some seven hours of presentations. Some of the panelists included representatives of the Screen Actors Guild, the Writers Guild of America, the Directors Guild of America, the Producers Guild of America, the Recording Artists Coalition, the Parents Television Council, the National Religious Broadcasters, the Consumer Federation of America, and the CBS, FOX and NBC Networks. According to published accounts, hundreds of people attended, including the Rev. Jesse Jackson. The attendees reportedly cheered, clapped and booed the various panelists. The audio recording of the hearings can be found here. The purpose of the hearings is to set the stage for the FCC's evaluation of its media ownership rules in terms of competition, diversity and localism. On
those issues, the commissioners got an earful. They heard that the media consolidation that resulted from the FCC's last revision of its media ownership rules has stifled minority access to media outlets, blocked local artists from the airwaves and endangered political debate. This proceeding is being held against a backdrop of bashing former Chairman Michael Powell by commissioners of both political stripes. It was under Powell's leadership that the FCC attempted the last revision of the media ownership rules. Commissioner Copps, a Democrat, in his opening remarks, said, "Three years ago, under Chairman Michael Powell. . .the FCC severely cut back — some would say eviscerated — the rules meant to check Big Media's seemingly endless appetite for more consolidation. The agency did so under cover of night without seeking the input of the American people." Last month, it came to light that a 2004 FCC staff working paper on localism had never seen the light of day. In an extraordinary letter to Senator Barbara Boxer (D-Cal.), who had inquired about the report, Chairman Martin pledged to put the report in the record. In so doing, Martin said, ". . .I was not Chairman at the time this report was drafted. I had not seen — nor was I aware of — the draft report before you brought it to my attention." Martin's predecessor as Chairman was Michael Powell. back to top A "LAME DUCK" SESSION COULD SAVE TELECOM REFORM By Joy Ragsdale With 10 days left before the scheduled September 29 recess, Senate Commerce Chairman Ted Stevens (R-Alaska) is resolute on reforming the telecommunications legislation which is evident by his most recent submission to Congress. On Saturday, September 30, 2006, the Senate Commerce Committee released its 283 page report on the Communications Opportunity, Promotion, and Enhancement Act of 2006 (COPE). Taking an unusual and creative step, the Senate Committee on Commerce, Science, and Transportation published on their website a double-sided, tri-fold marketing brochure that highlights key provisions in COPE. Senator Stevens vowed to move his telecommunications bill during the "lame duck session", a post-November election congressional session. Senator Stevens has acknowledged that his bill "obviously can't be done before we go into recess," but he is hopeful the Senate will schedule lame-duck floor action before adjournment. Below, are a few amendments made to the bill, as well as additional views of Senators Inouye, Dorgan, and Boxer. Amendments to Title II, Universal Service Reform ● Senator Stevens' amendment would clarify that the State preemption provisions do not affect State or local tax laws. ● Senator Rockefeller would clarify that IP-enabled voice service providers are subject to payphone compensation rules. ● Senator Snowe and Rockefeller's amendment would establish new performance goals for the universal service E-Rate program. Amendments to Title IX, Consumer Internet Bill of Rights ● Senator Stevens' amendment increases the monetary fines for Internet neutrality violations from $11,000 to $500,000 each. ● Consumers are granted the right to buy stand-alone broadband services or "naked DSL". Title V, Municipal Broadband, "Community Broadband Act" retains a role for states to regulate, in a neutral manner, municipal broadband networks under section 706 of the Telecommunications Act of 1996. This provision also encourages municipalities to partner with a private provider of advanced telecommunications capabilities and services. Finally, included in the report are the views of Senators Inouye, Dorgan, and Boxer. Together the senators expressed the bill disappointedly fails to meaningfully advance the cause of competition and eviscerates important consumer protections. The senators state COPE overrides current state efforts
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