[From a telecom list. steve] The pattern seems to becoming more clear as to how much the current FCC is doing the work of the ILECs that they can't get done (at least so far) in Congress.
The recent ruling by the FCC that effectively dismantles some of the major points of the Telecom Act of 1996 where ILECs will no longer have to unbundle their broadband lastmile facilities to competitors smelled like ILEC favoritism. This new potential ruling would be a preemptive strike against emerging wireless companies. They are one of the only remaining possible competitor to ILECs and Cable. To force an emerging industry to cope with the Universal Service compliance is like a death sentence... ------- This from Robert D. Primosch of Wilkinson Barker Knauer, LLP on the wcalea mailing list at yahoogroups.com: The link below will take you to the Commission's Notice of Proposed Rulemaking in CC Docket No. 02-33, in which the Commission requests comment on how wireline broadband internet access services should be classified for regulatory purposes, and what if any regulatory obligations should apply to providers of those services. Although this proceeding is directed primarily at broadband internet services provided over the wireline telephone network, the Commission also requests comment on whether non-wireline broadband providers (including fixed wireless) should be required to contribute to the Universal Service Fund and, if so, to what extent (see paragraphs 79-80). Since this is a "dollars out" issue for the fixed wireless industry, we believe that fixed wireless broadband providers need to participate in this proceeding. Initial comments are due 45 days from publication of the Notice of Proposed Rulemaking in the Federal Register, which has not yet occurred - we estimate, however, that comments will probably be due during the month of April or perhaps early May. In the interim, we will put this item on the agenda for the next monthly Government Relations Committee meeting - if we believe a separate meeting of the LEA on this issue is necessary, we will be in touch. Please contact us if you have any questions. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-42A1.pdf
