WASHINGTON-Rather than voting publicly on the pending public-safety allocation item announced on the sunshine agenda, Federal Communications Commissioners last Thursday chose to spend their last open meeting together patting each other on the back, burying the hatchet and putting aside any rumors that contention ruled the Eighth Floor for most of the last year. They did, however, take care of business, adopting the notice of proposed rule making privately, just prior to the meeting.
The notice of proposed rule making, which originally had been deleted from the agenda at the last moment, received unanimous approval from the four commissioners and will now set the comment wheels in motion to fine-tune FCC proposals on how to treat the 24 megahertz of spectrum public-safety entities will gain in September 1998 from the reallocation of broadcast channels 60-69.
The NPRM does not address all public-safety needs delineated in the Public Safety Wireless Advisory Committee report to the commission-like funding issues-but it does oversee the largest allocation of public-safety spectrum ever awarded along with encouraging a move from analog to digital technology.
The commission proposed that “a significant part” of the allocation be used to develop a nationwide interoperable network involving federal, state and local agencies; and to develop new applications, like video and data.
The NPRM also suggested that regional planning committees be formed “for the development of plans to utilize available frequencies in ways that best meet the needs of public-safety agencies in the respective regions.” The committees would help design plans to be submitted to the FCC prior to actual license assignment.
A second part of the notice deals with ramifications of authorizing commercial mobile radio service providers to offer priority access to public-safety and other emergency personnel during periods of “high traffic congestion during emergencies.” These carriers, should they opt to be part of such a disaster-relief situation, would “qualify for a limitation of liability under Section 202 of the Communications Act. Qualifying carriers would be presumed to comply with the nondiscrimination requirements of that section.”
Wireless Telecommunications Bureau chief Dan Phythyon added that the commission also would have to consider some form of indemnification for these carriers, much like that given to 911 providers. If the voluntary priority channels meet with favorable comment, there is a chance that such a plan could become mandatory at some future date.
Because the item already had been voted, not much discussion time was spent on it. Instead, outgoing Chairman Reed Hundt turned his last meeting into one of thanks and recognition.
“This is a time for presentation and self praise, and I don’t think I’ve done enough of that,” Hundt joked. He recognized his immediate staff for their help during his time in office, saying that there are “special burdens and obligations” put on any of a chairman’s staff. He also cited the Wireless Telecommunications Bureau for its “unprecedented achievement” under the leadership of its three chiefs, and he lauded the “wonderful chemistry and partnership” he had with general counsel Bill Kennard, whose nomination to replace Hundt was approved by the Senate Commerce Committee last week.
Regarding his fellow commissioners, Hundt said, “It’s very collegial here at the commission when everyone agrees with me.” About Quello: “The relationship between Jim and me is special. After a public debate, we’d go out to lunch or talk. Jim taught me independent thinking and courage.” About departing Rachelle Chong: “Both of us have had a wonderful time. We can debate in public and be friends in private. She has that special California flair we admire.” And of Susan Ness, who becomes the senior commissioner on the panel in the upcoming regime: “Without you, it would have been impossible to get things done. You are a great friend. Bill and the others are lucky to have you.”
Quello, who leaves the FCC after more than 23 years of service, mentioned that he would have gained $23 million if he had just stayed with former employer Cap Cities/ABC, now owned by Disney. “But it’s been a good ride, and I’ve had a productive and interesting life.” He called Hundt “a skillful litigator and an impressive spokesman for the FCC,” Ness “very thorough,” and Chong “a great spirit.” His plans include lecturing at Michigan State University, where a chair may be endowed in his name.
Chong, who will move back to California, plans to be on vacation until at least Christmas, while deciding “what to do when I grow up.” She called her tenure at the FCC “a heady experience and the greatest challenge of my life. How will I remember this job? As one long reading list. Except for that, it was terrific.”
She continued, “It was not easy work setting up an environment for new competition. Our decisions will touch everyone’s life, and the history books will judge whether we were successful or not.” Chong thanked Hundt for being “a good friend and a fierce adversary;” Quello for being “extraordinary, dedicated and caring;” and Ness for being “the glue that many times held us together. She was always ready to compromise, as I was.”
And Ness, whose term expires next summer, just wanted to make sure the media knew “no commissioner will be over 50, at least for the next few months.” While congratulating her departing colleagues, Ness said, “Some of our past decisions have been characterized as unprecedented. We made a lot of landmark decisions, and we agreed more than we disagreed.” She looks forward to working with her “dear friend Bill Kennard,” promising “a lot of juicy items for the next panel to deal with.”
