The FCC released the broadband infrastructure order approved by the agency last week (see 1410170048). The FCC said the order (http://bit.ly/1rqlBvN) takes into account a “technological revolution” that has changed the wireless landscape. “The Commission’s current rules for deploying infrastructure were drafted at a time when antennas were huge and bolted to the top of enormous towers,” it said. “While that kind of macrocell deployment still exists and will continue to exist, there are now a variety of complementary and alternative technologies that are far less obtrusive.” Distributed antenna system and other small-cell deployments “use components that are a fraction of the size of macrocell deployments, and can be installed -- with little or no impact -- on utility poles, buildings, and other existing structures,” the order said.
The FCC should allow more time for reply comments in the Comcast/Time Warner Cable proceeding, said Choice Cable, Comptel, Dish Network, Grande Communications, Monumental Sports and Entertainment, RCN and Writers Guild of America, West in a motion for an extension posted in docket 14-57 Tuesday (http://bit.ly/1wmxhny). Though the FCC has already extended the deadline to Oct. 29, much of the information requested from the companies hasn't been available, said Dish and co-filers. The lack of information that necessitated the first extension has been “further compounded” by programmers objecting to their confidential documents becoming part of the record, they said. With so much information still unavailable to parties in the proceeding, the FCC should extend the reply deadline to 30 days after Comcast, Charter Communications and TWC responses to the commission’s information requests are made available and the FCC has resolved the dispute over its modified confidentiality order, said the joint filing. “Good cause for an extension exists because of the importance of the still unavailable materials.” Charter would get some divested cable systems.
The proposed AT&T buy of DirecTV received support from Information Technology Industry Council and Washington Technology Industry Association. AT&T’s commitments to deploy fixed wireless local loop technology to new AT&T customers “is a significant step toward meeting our nation’s broadband needs,” ITI said in comments posted in docket 14-90 (http://bit.ly/1yVUl0V). The FCC should give significant consideration to the broadband investment and deployment commitments from AT&T, it said. Buying DirecTV is a “natural,” necessary, competitive response to the pressure applied by Comcast, WTIA said (http://bit.ly/1py71CB). Results from the deal include a stronger negotiating position with content creators “to ensure broader access to high value content for consumers,” it said.
A study on the one-time costs of deploying fiber to schools and libraries submitted by the Schools, Health & Libraries Broadband Coalition supports the coalition's contention that additional E-rate funding is needed to connect schools and libraries to scalable, high-capacity broadband, said a Friday letter the group sent to the FCC, posted in docket 13-184 (http://bit.ly/1vW7LJ2) Monday. Investing in state-of-the-art fiber networks will save money in the long run, because the recurring costs of operating such networks are often less than the costs of maintaining outdated network technologies, said the SHLB Coalition. It said the study also documents the need to close the broadband gap between urban and rural areas.
CTIA filed an infographic at the FCC showing the competitiveness of the U.S. wireless industry in 2013, relative to 2010 when the FCC imposed the first net neutrality rules. It said smartphones were eight times faster in 2013 than in 2010 and data traffic grew 732 percent during the period. “The facts noted on the infographic are clear: the wireless industry is robustly competitive and innovative, and is working for Americans and America’s economy,” CTIA said in the filing in docket 14-28 (http://bit.ly/1sGLJ9x). CTIA opposes a move by the FCC to impose stronger net neutrality requirements on mobile broadband than were imposed in the 2010 rules (see 1409160019).
Section 706 would give the FCC authority to prohibit paid prioritization, as long as providers have “the flexibility to enter into other forms of individualized or differentiated arrangements with other edge providers,” Michael Glover, Verizon's senior vice president-deputy general counsel, Craig Silliman, senior vice president-public policy; and William Johnson, vice president-associate general counsel, told members of the commission’s general counsel’s office and the Wireline Bureau Oct. 15, according to an ex parte filing made available to us Friday but not yet posted Monday in docket 14-28. A 706 strategy would also limit “the universe of parties who could potentially challenge” the commission’s authority, while a Title II course “would be subject to significant legal challenges,” Verizon argued. Reinterpreting Section 706 to apply common carriage regulation to broadband Internet access would have “far-reaching consequences,” because a “wide range of Internet services” -- including streaming video, VoIP services and search engines also incorporate a telecommunications component, Verizon said.
Officials from Cablevision met with FCC Media Bureau Chief Bill Lake and staff from the Media Bureau and Office of General Counsel last week to discuss the “upcoming Notice of Proposed Rulemaking” on the definition of a multichannel video programming distributor, according to an ex parte filing posted online Monday (http://bit.ly/1onctgP). FCC personnel have said such an item is only in the conceptual stages (see 1410010053), though a speech by General Counsel Jonathan Sallet last week also referred to a possible rule change (see 1410170039).
“Legacy” rules like franchising and must carry requirements shouldn’t be applied to over-the-top video providers as they are to cable operators, Verizon officials said in a meeting with Media Bureau Chief Bill Lake last week, according to an ex parte notice posted online Monday (http://bit.ly/1CMjecU). If the definition of multichannel video programming distributor is changed to include online linear video providers, such rules “could be fatal” to OTT services, Verizon said. Native device rules also shouldn’t apply to OTT providers, Verizon said. “The Commission must allow OTT video providers the flexibility to adopt different technologies for providing their services rather than imposing legacy technology mandates,” Verizon said.
A report by NTIA shows that broadband adoption has progressed faster than any other communications technology, but efforts to increase adoption aren’t complete. The data in the report released last week (see 1410160046) shows home adoption is still growing “despite the fact that the remainder of non-adopting households are some of the most difficult to reach,” NCTA said in a news release (http://bit.ly/10enCWs). Data also shows that relevance is a difficult and “entrenched” problem “that requires creative solutions targeted at the diverse communities that are affected,” it said, referring to the finding that 48 percent of non-Internet households claimed not to have an interest in home broadband. While the report acknowledges expense as a reason for non-adoption, it "fails to unpack the variety of hardware, software, and service components that together make up the expense of adopting broadband.” Without data on these expense elements, some may wrongly attribute the totality of such costs solely to ISPs, “when in reality such expenses can be related to several factors,” it said.
NCTA urged the FCC to seek comment on the full range of issues and potential consequences of expanding obligations of multichannel video programming distributors if it plans to explore the MVPD issue in a rulemaking proceeding. Expanding the MVPD definition to include online video distributors (OVDs) would misconstrue the provisions of the Communications Act “and raise a host of practical and regulatory concerns,” NCTA said in an ex parte filing posted Friday in docket 12-83 (http://bit.ly/1swUEdy). To the extent that the FCC finds that OVDs qualify as MVPDs, OVDs “must be subject to the obligations of MVPD status as well as its benefits,” like program carriage, closed captioning and emergency alerts, it said. Giving OVDs regulatory benefits that Congress provided to traditional facilities-based MVPDs without imposing their obligations “would dilute and undermine the policy goals underlying those obligations-including fair marketplace competition,” NCTA said. The filing pertained to a meeting with Chief Bill Lake and other staff from his Media Bureau, and staff from the Office of General Counsel.