FCC Releases Text of Leased Access Order
The FCC has now released the text of the Commercial Leased Access (“CLA”) Report and Order it adopted in late November. The Order drastically reduces the rates cable operators may charge for the lease of channel capacity. It establishes a 10 cent per subscriber per month cap on CLA rates, but also creates a complicated formula likely to produce actual CLA rates well below that amount.
New FCC Telephone Privacy Rules Effective Dec. 8, 2007
On Dec. 6, 2007, the FCC announced that approval of its new CPNI (customer proprietary network information) regulations affecting every telephone service provider has been granted by the U.S. Office of Management and Budget (OMB). The new rules will take effect at midnight on Dec. 7, 2007.
We advised previously that the revised and significantly expanded CPNI regulations affecting all telephone service providers (including wireless, cable telephony and VoIP service providers), was scheduled to become fully effective on Dec. 8, after OMB approval. As we have also advised, the FCC has signaled its intention to issue harsh penalties of $100,000 or more to violators.
FCC Proposes Vast Changes to the Federal Regulatory Scheme Governing Cable, Broadband and Telecommunications Pole Attachment Rates, Terms and Conditions
On Nov. 20 the FCC released a Notice of Proposed Rulemaking (NPRM) addressing pole attachment rental rates, certain terms and conditions of pole access, and whether Incumbent Local Exchange Carriers (ILECs) are entitled to the protections of Section 224 of the Communications Act ("Pole Act"). The NPRM puts in play long-standing FCC rules and regulations, including the well-established "cable rate" formula, and proposes to reconsider and possibly revise significant aspects of the long-settled cost-based approach to setting pole rates. Although the FCC reached different conclusions in earlier rulemakings, the momentous changes and rate increases proposed in the NPRM are purportedly based on the FCC's obligation to promote competition and the deployment of broadband infrastructure. For the full advisory, click here.
FCC Sets Key Dates for 700 MHz Spectrum Auction
In a series of orders issued since mid-August, the FCC has finalized its plans for the auction of 62 MHz of spectrum in the 700 MHz band, now designated by the FCC as Auction 73. The Commission also pushed back the previously scheduled auction start date by eight days to Jan. 24, 2008, and has established other important dates for Auction 73. Due to the propagation characteristics of 700 MHz band spectrum and the amount of spectrum being auctioned, Auction 73 is widely viewed as being one of the most significant FCC auctions in years. The key dates, issues and procedures relating to Auction 73 are summarized below.
Wireless Telecommunications Seminar: November 8-9, 2007
Law Seminars International is hosting an advanced two-day seminar on wireless telecommunications, "Emerging Business and Legal Issues for Distribution and Content" on November 8-9 at the Red Lion Hotel in Seattle, WA. This event is being co-chaired by DWT partner Dan Waggoner and features Q&A on the Industry's Future with Visionary John W. Stanton, Chairman & CEO of Trilogy International Partners LLC. Click here for more information.
