Telecom UpdateTelecom UpdateAPPA Legal SeminarAPPA Legal Seminar
October 2006October 2006
L. Elise DieterichL. Elise DieterichDuncan, Weinberg,
Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, DC, 20036
Phone: 202-467-6370
Telecom “Hot Topics”Telecom “Hot Topics”
New FCC CommissionersNew FCC Commissioners Telecom Act of 1996 RevisionsTelecom Act of 1996 Revisions Regulatory Framework for Broadband Regulatory Framework for Broadband
Over PowerlinesOver Powerlines Telecom Tax ReformTelecom Tax Reform DTV TransitionDTV Transition Rural Broadband Support Rural Broadband Support
MechanismsMechanismsDuncan, Weinberg,
Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, DC, 20036
Phone: 202-467-6370
New FCC CommissionersNew FCC Commissioners
Deborah Taylor TateDeborah Taylor Tate• Republican CommissionerRepublican Commissioner• Sworn in January 3, 2006Sworn in January 3, 2006• Formerly Director of the Tennessee Formerly Director of the Tennessee
Regulatory AuthorityRegulatory Authority• Familiar with utility issues, not just Familiar with utility issues, not just
telecommunicationstelecommunications• Active on consumer affairs Active on consumer affairs
with NARUCwith NARUC
Duncan, Weinberg, Genzer & Pembroke,
P.C.1615 M Street, N.W., Suite
800 Washington, DC, 20036Phone: 202-467-6370
New FCC CommissionersNew FCC Commissioners
Robert M. McDowellRobert M. McDowell• Republican CommissionerRepublican Commissioner• Sworn in June 1, 2006Sworn in June 1, 2006• Formerly with CompTel, representing Formerly with CompTel, representing
competitive facilities-based telecom competitive facilities-based telecom providersproviders
• Stated commitment to “private sector Stated commitment to “private sector solutions” and removing solutions” and removing
barriers to entrybarriers to entryDuncan, Weinberg,
Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, DC, 20036
Phone: 202-467-6370
Telecom Act of 1996 RevisionsTelecom Act of 1996 Revisions
House of Representatives on June 8, House of Representatives on June 8, 2006, approved “COPE” Act2006, approved “COPE” Act• 321 to 101 majority321 to 101 majority• Would strip localities of much of their Would strip localities of much of their
cable franchising authoritycable franchising authority• Eliminates cable build-out requirementsEliminates cable build-out requirements• Provides FCC oversight of localProvides FCC oversight of local ROW management andROW management and customer servicecustomer service Duncan, Weinberg,
Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, DC, 20036
Phone: 202-467-6370
Telecom Act of 1996 RevisionsTelecom Act of 1996 Revisions
Senate bill now under consideration by Senate bill now under consideration by Commerce Committee replaces COPE Act Commerce Committee replaces COPE Act with Senator Stevens draftwith Senator Stevens draft
Currently titled “Advanced Currently titled “Advanced Telecommunications and Opportunities Telecommunications and Opportunities Reform Act” or ATOR Act, for shortReform Act” or ATOR Act, for short
Chairman Stevens is pushing hard for Chairman Stevens is pushing hard for
passagepassageDuncan, Weinberg,
Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, DC, 20036
Phone: 202-467-6370
Telecom Act of 1996 RevisionsTelecom Act of 1996 Revisions
ATOR Act addresses:ATOR Act addresses:• Universal Service ReformUniversal Service Reform• Reduction of local franchise authorityReduction of local franchise authority• Net neutrality provisions in “Internet Net neutrality provisions in “Internet
Consumer Bill of Rights”Consumer Bill of Rights”• DTV transitionDTV transition• Ban on state taxes on Internet servicesBan on state taxes on Internet services• Municipal broadband Municipal broadband Duncan, Weinberg,
Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, DC, 20036
Phone: 202-467-6370
Broadband Over PowerlinesBroadband Over Powerlines
State proceedings in California and State proceedings in California and New YorkNew York• Both consider appropriate regulatory Both consider appropriate regulatory
framework to encourage BPLframework to encourage BPL• Each takes different approachEach takes different approach
FCC Order issued August 3, 2006FCC Order issued August 3, 2006• Generally affirms prior BPL rulesGenerally affirms prior BPL rules
Duncan, Weinberg, Genzer & Pembroke,
P.C.1615 M Street, N.W., Suite
800 Washington, DC, 20036Phone: 202-467-6370
Telecom Tax ReformTelecom Tax Reform
Provisions in Senate ATOR Act would Provisions in Senate ATOR Act would restrict the ability of state and local restrict the ability of state and local governments to tax telecom servicesgovernments to tax telecom services
Local governments have estimated Local governments have estimated these provisions could result in the these provisions could result in the loss of up to $8 billion per year in tax loss of up to $8 billion per year in tax revenuesrevenues
Duncan, Weinberg, Genzer & Pembroke,
P.C.1615 M Street, N.W., Suite
800 Washington, DC, 20036Phone: 202-467-6370
DTV TransitionDTV Transition
Analog television transmission currently is Analog television transmission currently is scheduled to end February 17, 2009scheduled to end February 17, 2009
FCC is encouraging public education re FCC is encouraging public education re DTV transitionDTV transition
Beginning in 2008, households may be Beginning in 2008, households may be able to obtain up to two $40 coupons able to obtain up to two $40 coupons toward digital converter boxestoward digital converter boxes
NTIA is implementing theNTIA is implementing the
coupon programcoupon programDuncan, Weinberg,
Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, DC, 20036
Phone: 202-467-6370
Rural Broadband SupportRural Broadband Support
New mechanisms are being New mechanisms are being discussed to increase broadband discussed to increase broadband deployment in rural areasdeployment in rural areas
New focus on the RUS broadband New focus on the RUS broadband programsprograms
Universal Service reform likely to Universal Service reform likely to enhance rural funding mechanismsenhance rural funding mechanisms
Duncan, Weinberg, Genzer & Pembroke,
P.C.1615 M Street, N.W., Suite
800 Washington, DC, 20036Phone: 202-467-6370