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Enron Mail |
It is a shame that Chairman Powell has waited so long to set an agenda for the FCC. Some of these issues would be of interest to EBS, but I am afraid the timing may be too late.
-----Original Message----- From: Pisciotta, Aileen [mailto:APisciotta@KelleyDrye.com] Sent: Tuesday, October 23, 2001 6:16 PM To: Petrochko, Mona L. Cc: Leibman, Lara; 'sburns@enron.com' Subject: Powell Doctrine -- Read This One Mona -- Sorry; I sent the wrong clipping the first time. Here's the relevant excerpt. Aileen. **************************************************************** POWELL OUTLINES 5-POINT AGENDA FOR COMMISSION FCC Chairman Michael K. Powell today said he would apply his deregulatory, market-based philosophy to address a host of issues, the most important of which will be spurring deployment of broadband services. "The widespread deployment of broadband infrastructure has probably become the central communications policy objective today," he said at a press briefing in Washington. He stressed the importance of the FCC taking actions to spur the "digital broadband migration." That could be an "arduous" process, he said, but is "essential to survival." He outlined five areas that he said would drive the FCC's agenda for the next several years: (1) broadband deployment, (2) competition policy, (3) spec- trum allocation policy, (4) a reexamination of the foundation of media regulations, and (5) homeland security measures. Shortly after he took over as chairman, Mr. Powell said he didn't have a list of specific regulatory objectives that he planned to pursue. But today he sounded a different note. "It really stresses me that we don't have a more coherent, cognizant vision of what we're doing here," he said. "We're just running around reacting to the latest" issues. The initial work to act on his agenda will be started within six months and will be "substantially underway" within a year, he said. Various proceedings will be used to address his agenda, he said. "What we're going to try to do is create clearly identifiable vehicles where key policy issues will be debated." Otherwise, he said, "the agency gets machine-gunned" with petitions and other filings from companies, trade groups, and other interested parties trying to get action on particular issues. Regarding broadband services, Mr. Powell stressed the importance of limiting regulations that inhibit deployment. "It is clear that substantial investment is required to build out the new networks, and we should limit regulatory costs and regulatory uncertainty," he said. "Our focus should be on demonstrable and competitive risks and discriminatory provisioning." As it mulls broadband regulations, the FCC plans to continue studying the market and working with states, he said. The agency will "clarify regulatory classification and access obligations expeditiously," he said. He cited three proceedings that would focus on broadband services: (1) the ongoing new networks pro- ceeding, (2) the cable open-access proceeding, and (3) the third- generation (3G) wireless spectrum allocation proceeding. Regarding competition, Mr. Powell said the Commission needed "to make prudent course corrections in our policies" to spur competition. "Facilities-based competition is the ultimate objective," he said. He stressed the need for "simplified enforceable connection rules." More specifically, the chairman said the Commission would conclude outstanding "phase I" pricing flexibility proceedings and initiate a set of new proceedings over the next six months "that will pro- vide vehicles for rethinking our current framework." He said a "triennial review" would provide the principle docket for evaluating unbundled network elements policy. The Commission will initiate a proceeding focusing on performance measurement and enforcement in an "attempt to streamline the essential performance measures used for making judgments about compliance with the local competition provision," he added. He also said the agency would initiate a "dominance and non- dominance" proceeding to "ask how do we develop a framework that might be used to deregulate on a carrier-specific or service- specific basis, depending on the level of competition and market power." On spectrum allocation, Mr. Powell found plenty of fault with the way the government doles out valuable frequencies. "The nation's approach to spectrum allocation is seriously fractured," he said, adding it was "a politicized, reactive process." He called for a more comprehensive, market-driven policy that would allow spectrum users to decide the best uses of bands. The chairman said the Commission should encourage the development of secondary spectrum markets, improve interference protection standards, back the development of unlicensed frequencies, map out the uses and users of all spectrum, promote spectral efficiency, and protect frequencies used for public safety. -- Paul Kirby, pkirby@tr.com Aileen A. Pisciotta Kelley Drye & Warren LLP 1200 19th Street, N.W. Suite 500 Washington, D.C. 20036 Tel: 202-955-9771 Fax: 202-955-9792 apisciotta@kelleydrye.com The information contained in this E-mail message is privileged, confidential, and may be protected from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of this communication may be subject to legal restriction or sanction. If you think that you have received this E-mail message in error, please reply to the sender. This E-mail message and any attachments have been scanned for viruses and are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened. However, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Kelley Drye & Warren LLP for any loss or damage arising in any way from its use.
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