Clearwire 2009 Annual Report Download - page 29

we re
f
er to as CMRS, o
ff
ere
db
yce
ll
u
l
ar an
d
PCS carr
i
ers. In genera
l
,
h
owever, t
h
ere are more s
i
m
il
ar
i
t
i
es t
h
an
diff
erences
b
etween t
h
e regu
l
at
i
ons
i
mpose
d
on our serv
i
ce an
d
t
h
at o
ff
ere
db
y CMRS prov
id
ers, suc
h
as re
d
uce
d
s
tate an
df
e
d
era
l
regu
l
at
i
on.
B
oth our broadband Internet access service and interconnected VoIP service, discussed below, are subject t
o
th
e Commun
i
cat
i
ons Ass
i
stance
f
or Law En
f
orcement Act, w
hi
c
h
we re
f
er to as CALEA, w
hi
c
h
requ
i
res serv
i
ce
p
rov
id
ers covere
db
yt
h
at statute to
b
u
ild
certa
i
n
l
aw en
f
orcement surve
ill
ance ass
i
stance capa
bili
t
i
es
i
nto t
h
e
ir
c
ommun
i
cat
i
ons networ
k
san
d
to ma
i
nta
i
n CALEA-re
l
ate
d
system secur
i
ty po
li
c
i
es an
d
proce
d
ures. T
h
eFC
C
i
mpose
d
a May 14, 2007
d
ea
dli
ne
f
or serv
i
ce prov
id
ers to meet t
h
e
i
r CALEA comp
li
ance o
bli
gat
i
ons esta
bli
s
h
e
di
n
i
ts order issued on May 3, 2006. We believe we have taken the necessary actions to be in compliance with these
r
equ
i
rements.
On March 22, 2007, the FCC initiated an inquiry into the performance of the broadband marketplace under the
FCC’s 200
5
Internet Polic
y
Statement, which we refer to as the Polic
y
Statement, that put in place principle
s
i
ntended to ensure that broadband networks are widel
y
deplo
y
ed, open, affordable and accessible. In this inquir
y
,
t
he FCC also seeks comment on whether the Polic
y
Statement should incorporate a new principle of nondiscrim-
i
nation and, if so, how this principle would be defined and applied. On January 14, 2008, the FCC sought comment
on two petitions related to its Policy Statement seeking FCC determinations that further define its four broadban
d
p
r
i
nc
i
p
l
es as we
ll
as w
h
at pract
i
ces const
i
tute reasona
bl
e
b
roa
db
an
d
networ
k
management. On August 20, 2008, t
h
e
FCC released an enforcement order findin
g
that under the specific facts of a complaint before it, a certain network
m
anagement practice of a broadband provider violated the Policy Statement. In October 2009, the FCC issued a
Notice of Proposed Rulemaking, which we refer to as NPRM, proposing the codification of the Policy Statement
an
d
t
h
ea
ddi
t
i
on o
f
two new pr
i
nc
i
p
l
es. T
h
e
fi
rst wou
ld
prevent Internet access prov
id
ers
f
rom
di
scr
i
m
i
nat
i
n
g
aga
i
nst part
i
cu
l
ar Internet content or app
li
cat
i
ons, w
hil
ea
ll
ow
i
ng
f
or reasona
bl
e networ
k
management. T
h
e secon
d
p
r
i
nc
i
p
l
e wou
ld
ensure t
h
at Internet access prov
id
ers are transparent a
b
out t
h
e networ
k
management pract
i
ces t
h
e
y
i
mplement. The NPRM also proposes clarifying that all six principles apply to all platforms that access the Internet.
It
i
s expecte
d
t
h
at t
h
e FCC w
ill
cont
i
nue to move
f
orwar
d
w
i
t
h
t
hi
s proposa
l
an
diffi
na
l
ru
l
es are a
d
opte
d
,t
h
ey ar
e
lik
e
l
y to app
l
ytousan
d
our networ
k
s.
T
he American Recover
y
and Reinvestment Act of 2009, which we refer to as the Recover
y
Act, was si
g
ned
i
nto law on Februar
y
17, 2009. The FCC is currentl
y
workin
g
in coordination with the National Telecommuni-
c
ations and Information Administration to perform the FCC’s role under the Recovery Act. Specifically, the FC
C
was tasked with creating a National Broadband Plan by February 17, 2010. The FCC recently extended the deadlin
e
f
or
d
e
li
ver
i
ng
i
ts Nat
i
ona
l
Broa
db
an
d
P
l
an to Marc
h
17, 2010. T
h
e Recovery Act states t
h
at t
h
e Nat
i
ona
l
Broa
db
an
d
P
lan shall seek to ensure all people of the United States have access to broadband capabilit
y
and shall establish
benchmarks for meeting that goal. In conjunction with its development of the National Broadband Plan, the FCC
has initiated a series of wide-ranging inquiries into issues including whether there is enough spectrum available for
w
i
re
l
ess serv
i
ces, assess
i
ng t
h
e state o
f
compet
i
t
i
on
i
nt
h
ew
i
re
l
ess sector, econom
i
c
i
ssues
i
n
b
roa
db
an
d
c
ompet
i
t
i
on,
d
ep
l
oyment o
f
w
i
re
l
ess serv
i
ces,
b
roa
db
an
d
tec
h
no
l
ogy app
li
cat
i
ons an
dd
ev
i
ces, consumer protect
i
o
n
i
ssues assoc
i
ate
d
w
i
t
hb
roa
db
an
d
;an
d
consumer content. T
h
e FCC
h
as a
l
so
l
aunc
h
e
d
spec
ifi
c
i
nqu
i
r
i
es
i
nto t
he
s
tatus of broadband innovation and competition. It is possible that these inquiries will be the foundation for futur
e
p
roposed rulemakings that likely will apply to broadband carriers including us
.
T
he FCC also is currentl
y
considerin
g
whether to impose various consumer protection obli
g
ations, similar t
o
T
i
t
l
eIIo
blig
at
i
ons, on
b
roa
db
an
d
Internet access prov
id
ers. T
h
ese requ
i
rements ma
yi
nc
l
u
d
eo
blig
at
i
ons re
l
ate
d
to
t
ruth-in-billin
g
, slammin
g
, discontinuin
g
service, customer proprietar
y
network information and federal USF
m
echanisms. In September 2009, the FCC initiated an inquir
y
into truth-in-billin
g
issues that asks whether th
e
FCC’s current truth-in-billin
g
re
g
ulations should be applied to broadband Internet access services. The notice also
s
eeks comment on whether carriers should be required to provide consumers with information re
g
ardin
g
service
q
uality, equipment quality and specific disclosures regarding service features and plans. Again, it is possible tha
t
t
his inquir
y
will be the foundation for a future proposed rulemakin
g
. The FCC is also considerin
g
whether to impos
e
automatic roamin
g
obli
g
ations on wireless broadband service providers similar to the obli
g
ations currentl
y
imposed
on CMRS
p
roviders.
19