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FCC bans exclusive telephone service deals in apartment buildings

WASHINGTON--Residents of apartment and condominium buildings will have to be allowed a choice among telephone providers serving their area, thanks to new rules adopted Wednesday by federal regulators.

The Federal Communications Commission order, which passed unanimously, prohibits telecommunications companies from inking exclusive deals with multi-unit buildings that are primarily residential. It also throws out any exclusive contracts that already exist.

The action builds upon the FCC's move last fall to ban exclusive deals for cable and Internet TV companies in apartment buildings. It also extends a 2000 FCC order that banned exclusive contracts for telephone service in non-residential "… Read more

FCC plans broadband hearing at Stanford, after all

This post was updated at 9:08 a.m. PDT to add some remarks about the hearing from FCC Chairman Kevin Martin.

Those zany regulators at the Federal Communications Commission sure like to keep us guessing.

A few weeks ago, FCC Chairman Kevin Martin told reporters that he wasn't planning a follow-up hearing at Stanford University on "network management" issues raised in large part by Comcast's slowing of BitTorrent file-sharing traffic.

Sure, rumors on the blogosphere had suggested otherwise, but Martin brushed them aside, saying they may have started because he was planning to speak to an Internet law confab at its law school. (… Read more

Assessing success in the FCC's 700MHz auction

News.com's Anne Broache co-wrote this report.

The Federal Communications Commission generated $19.6 billion in the 700MHz spectrum that ended Tuesday, but the true success of the auction will take months or even years to assess.

There's no question that the auction, which began on January 24, was a monetary success for the government--it raised a record $19.6 billion in 261 rounds of bidding. During a conference call with reporters Tuesday after the bidding closed, FCC Chairman Kevin Martin said the 700MHz auction was the most successful auction the agency has ever conducted, raising more money than all previous auctions put together, excluding the Advanced Wireless Services, or AWS, auction in 2006.

"The $19.6 billion generated by the auction nearly doubled congressional estimates of $10.2 billion," Martin said. "All other 68 auctions conducted by the FCC in the past 15 years collectively generated a total of only $19.1 billion in receipts. Even with open-platform and aggressive build-out obligations, each of these blocks sold for more than AWS-1 blocks with comparable bandwidth and license areas."

Despite the obvious financial success of the auction, it will be a long time before it's clear whether the FCC was successful in achieving some of its broader policy goals, such as creating a more open wireless marketplace and a nationwide interoperable public safety wireless network.

The 700MHz spectrum has long been considered the last bit of beachfront wireless real estate left in the air. The spectrum, which is being vacated by the switch to digital TV in 2009, is considered valuable because of inherent properties that allow it to propagate over long distances and penetrate walls. Some experts believe the spectrum is ideal for offering robust, affordable wireless broadband services.

The spectrum auction attracted a broad range of companies, including nontraditional players such as Internet search giant Google and wireless technology provider Qualcomm. Traditional phone companies Verizon Wireless and AT&T were also interested in getting their hands on the spectrum.

Trying a new approach As part of its rule making for this auction, the FCC tried something new. It set specific rules for two of the five blocks of wireless spectrum. For the C block, it established rules that require license winners to build a network allowing any device to operate on it. The C block reached its threshold of $4.6 billion in only 17 rounds of bidding, triggering this open-access rule. But the D block, set aside to build a nationwide public-safety network, did not meet its reserve price.

Google, which had pushed for open-access rules for some of the spectrum, was bidding on the open-access C-block licenses. But Rebecca Arbogast, a principal telecommunications analyst with Stifel Nicolaus, said she wouldn't be surprised if Verizon Wireless, and not open-access proponent Google, takes home that slice of spectrum. (Google had committed to bidding up to $4.6 billion, but the final price for that block was $4.75 billion, according to FCC figures released Wednesday.)

"When it finally came time to go into the auction, I think they (Google) were pretty firm about wanting to enforce the open-access conditions as much as it could be enforced, but also being firm on not really being interested in becoming a network operator," she said. "I think they were a willing loser."

Why open access matters The open-access requirement is significant because today, U.S. wireless operators have tight control over which devices can be used on their networks and which applications can be used on those handsets. Google and other companies, such as Skype, have complained that this is too restrictive.

Verizon, which has traditionally been the most strict operator in the U.S. about what it lets on its network, recently said it would allow non-certified devices on its network. On Wednesday, the company is hosting a developer conference in New York where it's expected to reveal details of the first version of specifications for these new open-access devices for its network.

If Verizon Wireless is the winner of the C-block licenses, it will likely include this spectrum in its open-access plans. But until details about the actual service plan are revealed, it's difficult to say just how serious Verizon is about open access. If the service is priced too high or customers find that buying their own handsets is too expensive, the whole notion of an open-access network could be moot.

Still, Chairman Martin said on the conference call with reporters Tuesday evening that he was pleased the auction had prompted the open-access rules to take effect.

"With the open-platform requirements on one-third of the spectrum, consumers will be able to use the wireless device of their choice on those networks and download whatever software or applications they want on it," he said. "The open platform will help foster innovation on the edge of the network, while creating more choices and greater freedom for consumers to use the wireless devices and applications of their choice."

Another slice of the spectrum called the D block was set aside to build a nationwide network for public-safety operators. But that segment didn't attract the FCC's $1.3 billion reserve price. In fact, it didn't attract any bids beyond the $472 million opening bid.

Stifel Nicolaus's Arbogast said she thought a combination of factors caused the lackluster bidding on the D block, including lack of certainty over what was expected of the public-safety network that had to be built, and general tightening of capital markets.… Read more

FCC's wireless airwaves sales raises $19.6 billion

One of the U.S. government's most significant sales of wireless airwaves concluded on Tuesday, racking up nearly $19.6 billion in bids over 261 rounds.

The 700MHz spectrum, which is currently being used to air analog TV broadcasts, was put on the auction block by the Federal Communications Commission in January. It's scheduled to be freed up by February 2009 to make way for all-digital broadcasts.

The slice of airwaves has proven attractive to potential bidders--including Google, Verizon, and others--not only because it's one of the last remaining chunks of beachfront spectrum, but because of its … Read more

Is the U.S. really so terribly behind in broadband?

It has been a sob story for American politicians, technology companies, and advocacy groups for at least half a decade: the United States, which developed the Internet, is consistently trounced by the likes of Korea and Iceland in how widely it delivers broadband access to its citizens.

But do the latest statistics from the often cited Organization for Economic Cooperation and Development (OECD), which ranked the United States 15th out of 30 countries for broadband penetration rates in 2006, tell the whole story?

Maybe not. Which is one reason, it seems, that the Federal Communications Commission is coming up with … Read more

FCC rapped over handling of citizen complaints

When consumers have gripes about unwanted telemarketing calls, cell phone billing rates, junk faxes, or indecent mouthing-off on broadcast television, the Federal Communications Commission is supposed to look into their complaints and respond accordingly.

But are federal regulators carrying out that duty as they should? It depends, of course, on who's doing the analysis.

A new report (PDF) released Thursday by the Government Accountability Office presents a mostly negative view, charging that the agency's processes for monitoring complaints and punishing violators is flawed.

At the request of Rep. Edward Markey, the Democratic chairman of a House of Representatives … Read more

Politicos make new push for Net neutrality policing

WASHINGTON--An influential congressional committee is once again showing support for using U.S. antitrust laws to force broadband providers to treat network traffic in a nondiscriminatory manner.

Under Republican control in 2006, a U.S. House of Representatives panel threw its support behind a bill rewriting antitrust law in a way that would have embedded "Net neutrality" obligations. That proposal, however, never ultimately went any further toward becoming law, and has not been reintroduced.

At a Tuesday afternoon hearing, a House antitrust task force composed of many of the same members indicated the Democratic-controlled chamber may try to … Read more

FCC hints at taking action against Comcast

The Federal Communications Commission is edging toward taking action against cable operator Comcast for monkeying with its customers' peer-to-peer traffic, according to several news reports.

On Friday FCC Chairman Kevin Martin indicated during a speech at Stanford University's Law School that the commission may take action against the cable operator, which has been accused of blocking or slowing down the peer-to-peer file sharing service BitTorrent on its broadband network.

Martin didn't say for certain that the FCC would take action against Comcast. But he did say that he was troubled by Comcast's initial denial of slowing or blocking traffic, … Read more

FCC auction nears conclusion, so what's next?

As bidding on the 700MHz spectrum auction starts to wind down, a group of business school students predicts it will be long time before consumers see any of the promised new services resulting from the auction.

The 700MHz auction, which is reissuing spectrum originally allocated for analog TV, has been touted as one of the most important spectrum auctions the Federal Communications Commission has ever conducted. Not only was it expected to raise a great deal of money for the government, but as the last bit of prime wireless spectrum that will be made available for a long time, many … Read more

Who wants some wireless spectrum?

As News.com's Maggie Reardon has told us, the FCC's ongoing 700MHz auction is proceeding along, albeit a bit slower than the FCC would like.

Much has been made about Google's entry into the bidding process (as Google Airwaves), but the tech giant is hardly the only company onboard. As a review, the other big bidders include AT&T Mobility, Verizon Wireless, Cox Communications, Cablevision Systems, U.S. Cellular, Leap Wireless, MetroPCS, Alltel, and Qualcomm. Also on the list is Vulcan Ventures, which is controlled by Microsoft co-founder Paul Allen. It's also interesting to see … Read more