Community Broadband Act of 2007 - Senate Commerce Releases Report

On April 22, 2008, the Senate Commerce Committee released its Committee Report on the Community Broadband Act of 2007 (S. 1853).  The report concluded that the legislation would expand the availability and affordability of broadband service by preempting laws in 15 states that ban or have the effect of banning the provision of broadband services by public entities.  However, the bill requires public entities to publish notice of their intent to offer such services and to allow private bids for such services.  The bill, introduced by Senators Lautenberg, Inouye, Kerry, McCain, McCaskill, Smith, Snowe, and Stevens was approved by voice vote on October 30, 2007.  It now awaits action by the full Senate.

NATOA Applauds FCC Order Protecting Public Safety

Alexandria, VA – The National Association of Telecommunications Officers and Advisors (NATOA) congratulates the FCC for its March 25, 2008 Order requiring AT&T to inform its U-Verse subscribers that the service cannot provide Emergency Alert System (EAS) messages on all channels.  In granting AT&T’s request for a limited waiver of EAS rules, the FCC agreed with NATOA that, as a matter of public safety, the company be required to notify subscribers of the system’s limitations.  NATOA’s Executive Director, Libby Beaty, praised the FCC’s action.  “The FCC took positive steps to ensure that U-Verse subscribers know the public safety limitations of the service they pay for.  The Commission should be commended for rejecting AT&T’s arguments that consumer notification was unreasonable and would be confusing to consumers.  The vitally important role EAS plays in furthering public safety awareness and response cannot be overstated.” 
The full text of the Order can be reviewed on this link to the FCC’s website.
You can review NATOA’s full comments in the proceeding here.

Court Rules No Money Damages Under Section 1983

The United States Court of Appeals for the Second Circuit ruled that telecommunications providers cannot bring a cause of action for money damages under 42 U.S.C. § 1983 for a violation of Section 253 of the Telecommunications Act of 1996. NextG Networks sued the city of New York, alleging that the city’s regulatory scheme as a whole violated Section 253 because the city “assumes that it has the unfettered discretion and power to determine who may or may not provide telecommunications services.” The court dismissed the company’s claim for money damages, but remanded the case to the district court to determine whether the city’s regulatory scheme “is in material respects prohibited or preempted by the Telecommunications Act of 1996.”

Opinion.pdf

NATOA Policy Platform Adopted

The Policy Platform of the Association was adopted as amended by the membership at the Annual Business Meeting held on October 4, 2007 in Portland, OR.