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NEW FCC COMMISSIONERS ARE MUM ON PENDING WIRELESS ISSUES

WASHINGTON-Two new Federal Communications Commissioners are playing their cards close to the vest regarding their regulatory leanings during this honeymoon period of their tenure.

Democrat Gloria Tristani and Republican Harold Furchtgott-Roth faced reporters here for the first time last week, and both admitted they are on the communications-regulation learning curve.

“Public service is the main reason I’m here,” Tristani explained, citing her late grandfather, Sen. Dennis Chavez of New Mexico, as her inspiration. Her background as a consumer advocate while serving on the New Mexico State Corporation Commission included aggressive stands on the proliferation of telemedicine and Internet-wired schools.

While choosing not to comment on any issues currently pending before the commission-including C-block personal communications services financial restructuring, the future of auction installment payments and tower siting-Tristani said she is committed to “making sure that all rural and remote areas are just as connected as urban areas, and that all minorities benefit from the information revolution.”

Competition in local markets is proceeding “at a snail’s pace,” Tristani said, except in business markets, and only when competition takes hold “can we make an impact, especially with universal service.”

Despite her state and consumer background, Tristani plans to take no public stand on any issues for another two to three months, during which time she’ll be boning up on issues before the commission and on the 1996 telecom act itself, which she has not read in its entirety.

On the other hand, Furchtgott-Roth-who was instrumental in crafting the language of the act during his time as chief economist on the House Commerce Committee-rated “implementing the act” as his highest priority. He has not, however, studied any of the Eighth Circuit court decisions regarding interconnection and access charges, so he doesn’t know if the FCC should appeal them or not.

“One of the most important aspects of the act is a shifting of the telecommunications regulation framework from monopolies to a world in which there will be few if any government barriers to entry,” he said. “Competition will come in fits and starts.”

Like Tristani, Furchtgott-Roth was unprepared to voice an opinion on many wireless issues because of his short time in office. Regarding the possibility of spectral flexibility in upcoming auctions, he did say that “it is important for entrepreneurs and innovators to have the means to develop and offer new services and technologies … Whether that’s done through flexible zoning or other means, it may depend on what services there are to offer.”

Furchtgott-Roth also plans to follow the letter of the law regarding what spectrum should and should not be auctioned. Public safety will continue to be protected by statute, including the 24 megahertz of spectrum already promised to that wireless segment when the digital TV reallocation begins, he said; the new commissioner also is aware of concerns regarding international spectrum allocations.

In an opinion that could raise the hackles of many small-business players, Furchtgott-Roth defended the FCC’s decision to halt installment payments, even temporarily, on licenses bought at auction.

“Financing is always a very difficult part, but that doesn’t mean that entities can rely on the federal government to be a banker,” he said. While he wouldn’t elaborate, Furchtgott-Roth thinks “there are ways to structure an auction to cut out the barriers, carry on with the telecom act and keep the government out of financing.”

Because no tower-siting issues have crossed his desk, Furchtgott-Roth admitted that he has formed no opinion on that subject. “But I will give it some thought when they do,” he said.

The FCC’s role “is to implement the law with close consultation with state and local governments, and with Congress,” Furchtgott-Roth continued. “But there are times when we will have to be tough.”

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