June 2010
Cable and Telecommunications Law and Policy Newsletter
In This Issue
2010 COMMUNICATIONS LAW FORUM TOMORROW!
SMART VIDEO DEVICE AND CABLE-CARD PROCEEDINGS
MPUC ORDERS CALLER ID SPOOFING CONSUMER EDUCATION PLANS
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IT'S NOT TOO LATE TO SIGN UP FOR THIS YEAR'S 2010 COMMUNICATIONS LAW FORUM!

Calling all communications lawyers! Earn CLE credits and attend courses relevant to your practice area.  You'd have to travel to Washington D.C. to get this kind of update.! Here's what you'll miss if you don't attend:
  • Our keynote speaker, from London, Adam Scott, will introduce you to the telecommunications regulatory structure in the United Kingdom and the EU.  Mr. Scott will provide a comparative overview of communications regulatory practices and issues.  Mr. Scott is a member of the United Kingdom Competition Appeals Tribunal, the equivalent of having a D.C. Circuit Judge and FTC Commissioner coming to address our conference!
  • I will be serving on a panel reviewing the FCC's National Broadband Plan, including analysis of the D.C. Circuit's Comcast order, and FCC Chairman Genachowski's "Third Way" proposal.
  • A discussion of "TV Everywhere" and regulatory issues related to "over-the-top" video, or delivery of video services over the internet.
  • A technology update from local tech writer, Julia Ojeda-Zapata.
  • Google Voice:  A case study in the relationship between regulatory decisions and technological innovation.
  • Ethics Credit!  Multi-jurisdictional practice issues discussed by a local law firm ethics officer and the director of the Minnesota Office of Lawyers' Professional Responsibility.
  • Reception follows!

Minnesota Regional Communications Law Forum
Wednesday, June 9, 2010
Minnesota CLE Conference Center
7th St. and Nicolett Mall
Minneapolis, MN
Register by clicking here
Walk-in registrations welcome!


FCC OPENS SMART VIDEO DEVICE AND CABLE CARD PROCEEDINGS
 
In its National Broadband Plan (NBP) released March 16, 2010, the FCC made the following two recommendations pertaining to smart video devices and Cable-CARDs:
  • The FCC should initiate a proceeding to "ensure that all multichannel video programming distributors (MVPDs) install a gateway device or equivalent functionality in all new subscriber homes and in all homes requiring replacement set top boxes, starting on or before December 31, 2012."
  • The FCC, on an expedited basis, should adopt rules for cable operators to fix certain Cable-CARD issues while development of the gateway device functionality progresses.  Adoption of these rules should be completed in the fall of 2010.
In late April, 2010 the FCC opened both of the above-recommended proceedings.  Initial comments in the "Smart Video Device" docket are due July 13, 2010, with reply comments due on August 12, 2010.  Initial comments in the Cable-CARD docket are due June 14, 2010, with reply comments due on June 28, 2010.
 
In the Smart Video Device docket, the FCC seeks comment on "specific steps we can take to unleash competition in the retail market for smart, set-top video devices  . . . that are compatible with all multichannel video programming distributor ("MVPD") services."  In its Notice of Inquiry (NOI), the FCC introduced the concept of an "all video" adapter that could act either as a small "set-back" device for connection to a single smart video device or as a gateway allowing all consumer electronic devices in the home to access multichannel video programming services.  The NOI seeks comment on proposed technical standards, consumer economic behavior issues pertaining to video navigational devices, and alternative proposals.
 
The FCC's Cable-CARD docket, its fourth notice of proposed rulemaking on this issue, was issued in tandem with the Smart Video Device docket.  The FCC believes is has not been fully successful in implementing "the command of Section 629 of the Communications Act to ensure the commercial availability of navigation devices . . . ."  The FCC seeks comment on the following:
  • Rules that would remove the market pricing disparity between customers who purchase navigational devices at retail, and those customers who lease set-top boxes from their cable company.
  • Rules that would require a specific interface on leased set-top boxes to allow recording on digital devices.
  • Proposed changes to existing FCC rules intended to encourage cable operators to use their capacity more efficiently by transitioning cable systems to all-digital.
There has been state activity on video navigational device issues too.  This past Minnesota legislative session, State Representative Joe Atkins introduced legislation that would require cable companies operating in the state to provide free equipment to customers to the extent "necessary to continue to receive and view the channels under the subscriber's existing contract with the cable communications system with no diminution in quality."  This legislation did not pass.


Relevant Documents:

FCC Notice of Inquiry ("Smart Device Docket")
FCC Fourth Notice of Proposed Rulemaking ("Cable-CARD Docket")
Minnesota House File 3761 (Cable Equipment Fees)
 
MPUC ORDERS PHONE COMPANIES TO EDUCATE CONSUMERS ON CALLER ID SPOOFING
 
The MPUC has ordered all "providers of CLASS services that are subject to the jurisdiction of the Commission" to submit plans demonstrating how their customers will be educated about Caller ID spoofing at the time of purchase of CLASS services and after purchasing CLASS services.  The plans are due July 27, 2010.  The MPUC also will convene a workshop where industry representatives can explain the technical nature of Caller ID Spoofing and respond to questions from the public and the Commission.  The date of the workshop has not yet been set.
 
The MPUC's order follows a complaint filed by the Minnesota Department of Commerce requesting that the MPUC investigate Caller ID spoofing practices. Caller ID spoofing is the practice altering Caller ID information to mask the true identity of the caller, whether for fraudulent or lawful purposes.
 
CLASS is the acronym for Custom Local Area Signaling Services. Minnesota law defines CLASS as a custom calling telephone service that is enabled through the installation or use of SS7 or similar signaling system technology and that includes at least the following features:  (1) automatic call back; (2) automatic recall; (3) caller identification; (4) caller identification blocking; (5) customer originated call tracing; (6) distinctive ringing/call waiting; (7) selective call acceptance; (8) selective call forwarding; (9) selective call rejection.
 
The MPUC declined to order phone companies to take technological steps to prevent Caller ID spoofing, acknowledging that the record before it did not show there to be a technological fix to the problem.

 
Relevant Document:  MPUC Caller ID Spoofing Order