Highlights from DWT's FCC Daily — Week Ending 7/28/06

Adelphia-Time Warner-Comcast Merger Approved
(July 21, 2006)

In Order FCC 06-105, the Commission approved the sale of substantially all of the cable systems and assets of Adelphia Communications Corporation to Time Warner Inc. and Comcast Corporation, the exchange of certain cable systems and assets between affiliates or subsidiaries of Time Warner and Comcast, and the redemption of Comcast’s interests in Time Warner Cable and Time Warner Entertainment Company. The Commission found that the potential public interest harms of the transactions, as conditioned, are outweighed by the potential public interest benefits. The Commission found that the proposed transactions may increase the likelihood of harm in markets in which Time Warner or Comcast has, or may in the future have, an ownership interest in Regional Sports Networks ("RSNs").

The Commission imposed remedial conditions identical to those imposed in the News Corp.-Hughes order. The Commission adopted further conditions to ensure that the transactions will not harm the supply of programming to MVPDs. The Commission adopted a condition allowing unaffiliated RSNs unable to reach a carriage agreement with Time Warner or Comcast to seek commercial arbitration. The Commission also adopted a condition allowing unaffiliated programmers unable to reach a leased access agreement with Time Warner or Comcast to seek commercial arbitration. The Order is available here: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-105A1.doc

Comment Requested on Missoula Intercarrier Compensation Reform Plan
(July 25, 2006)

In Public Notice DA 06-1510, the Commission requested comment on the intercarrier compensation reform plan (the "Missoula Plan") filed July 24, 2006 by the National Association of Regulatory Utility Commissioners' ("NARUC") Task Force on Intercarrier Compensation. The Missoula Plan is the product of a three-year process of industry negotiations led by NARUC. Supporters of the plan include AT&T, BellSouth Corp., Cingular Wireless, Global Crossing, Level 3 Communications, and 336 members of the Rural Alliance, among others. According to its supporters, the Missoula Plan "unifies intercarrier charges for the majority of lines, and moves all intercarrier rates charged for all traffic closer together." Its supporters maintain that adoption of the Missoula Plan would represent a major step forward in intercarrier compensation reform. Comments are due by September 25, 2006, and replies by November 9, 2006.

Comment Requested on BellSouth Broadband Forbearance Petition
(July 21, 2006)

In Public Notice DA 06-1490, the Commission requested comments on BellSouth's petition asking the Commission to grant BellSouth and similarly situated carriers forbearance from Title II and the Computer Inquiry rules to certain specified broadband services. Qwest and AT&T have also filed petitions for forbearance seeking similar relief. The Qwest, AT&T, and BellSouth forbearance petitions have identical comment and reply comment dates and are filed in the same WC Docket No. 06-125. A party commenting on two or more of these petitions should combine its comments into one filing. Comments are due by August 3, 2006, and replies by August 18, 2006.

Regulatory Fees for Fiscal Year 2006
(July 17, 2006)

In Order FCC 06-102, the Commission established its regulatory fees for Fiscal Year 2006. Consistent with its established practice, the Commission plans to collect those regulatory fees in the August-September 2006 time frame.

Section 255 Agent Designation Requirement
(July 21, 2006)

In Public Notice DA 06-1485, the Commission remind telecommunications equipment manufacturers and telecommunications service providers subject to Section 255 of the of their obligation to designate an agent for service of informal and formal complaints received by the Commission. In 1999, the Commission adopted regulations implementing Section 255, which requires telecommunications equipment manufacturers and service providers to ensure that their equipment and services are accessible to persons with disabilities, to the extent readily achievable. The regulations require, in part, that equipment manufacturers and service providers covered by Section 255 designate an agent for service of informal and formal complaints received by the Commission.

Commission Releases Broadband Report
(July 26, 2006)

The Commission has released new data on high-speed connections to the Internet in the United States. Among other findings, the report found that high-speed connections to the Internet increased by 33 percent in 2005. Twice a year, all facilities-based broadband providers must to report to the Commission basic information about their service offerings and types of customers . The report reflects data as of December 31, 2005. The summary statistics also include state-by-state information, and population density and household income information ranked by Zip Codes. The report is available here: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266596A1.pdf

Commission Releases Local Competition Report
(July 26, 2006)

The Commission released has new data on local telephone service competition. Twice a year, all incumbent local exchange carriers and competitive local exchange carriers must report basic information about their local telephone service, and all facilities-based mobile telephony providers are required to provide information about their subscribers. The report reflects data as of December 31, 2005. The report is available here: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266595A1.pdf

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