telecom update appa legal seminar october 2006 l. elise dieterich duncan, weinberg, genzer &...

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,



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,



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,



Phone: 202-467-6370


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,



Phone: 202-467-6370


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,



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




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




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,



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




telecom update appa legal seminar october 2006 l. elise dieterich duncan, weinberg, genzer &...

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