Legislative & Regulatory Filings

Legislative & Regulatory Filings Archive

 

National Telecommunications and Information Administration (NTIA)

ARRA Comments

In April 2009, DoITT submitted comments to the NTIA regarding the American Recovery and Reinvestment Act of 2009 Broadband Initiatives. The comments discuss the results from the City's Broadband Needs Assessment Study, which found that, while City residents have ubiquitous access to broadband service, with virtually every household currently being "passed" by one or more broadband provider, broadband adoption among low-income and other vulnerable populations is low. The comments describe the reasons for low subscribership among these communities — e.g., affordability, computer literacy, and value perception — and emphasize that increasingly these demand-side problems will be the major impediments to greater broadband usage nationwide. Thus, the comments urge NTIA in allocating funding pursuant to the Congressionally mandated Broadband Technology Opportunities Program to allot at least half of the available funding to programs that seek to address demand-side problems.

Proceeding on Level 3 Communications, LLC Petition for Declaratory Ruling

On October 15, 2009, DoITT submitted comments to the FCC in response to Level 3 Communications' petition for declaratory ruling that certain rights-of-way rents imposed by the New York State Thruway Authority are preempted under Section 253 of the Telecommunications Act of 1996. DoITT stated that, consistent with the statutory language and the legislative history of Section 253, the FCC did not have jurisdiction to address Section 253 matters.

On November 5, 2009, DoITT submitted reply comments to the FCC in the Level 3 proceeding supporting certain positions taken by the National Association of Telecommunications Officers and Advisors ("NATOA") in that organization's initial comments to the FCC.

National Broadband Plan Proceeding

On July 21, 2009, DoITT submitted reply comments in response to the FCC's Notice of Inquiry regarding the development of a national broadband plan. In its reply comments, DoITT explained how municipal rights-of-way management has enhanced the deployment and effectiveness of broadband services across the United States. In addition, the reply comments emphasized that a real national broadband infrastructure must be truly accessible to all, both physically and economically. On November 6, 2009, DoITT submitted comments in response to an FCC notice asking about the contribution of federal, state, and local governments to broadband. In its comments, DoITT described some of the broadband-based applications that the City has deployed to better serve residents, businesses, and visitors. The comments also described the importance of the City's institutional network to its operations. Finally, the comments described how local franchising has enhanced and will continue to enhance the deployment and effectiveness of broadband services across the U.S.

ARRA Comments

In April 2009, DoITT submitted comments to the FCC regarding the American Recovery and Reinvestment Act of 2009 Broadband Initiatives. The City urged the FCC, in its consultative role regarding the broadband provisions of the ARRA, to define "underserved areas" as those municipalities, or other political subdivisions, or geographic locations, with a significant number of low-income residents, or members of other vulnerable communities (e.g., disabled or older adults), in light of the significantly lower than average adoption rates among such residents. The City stated that such status as an "underserved area" should apply irrespective of whether the relevant area includes physical infrastructure that can theoretically supply broadband services to the population.

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Federal Communications Commission (FCC) Testimony

700 MHz Proceeding

In May 2007, DoITT submitted comments in response to a FCC further notice of proposed rulemaking regarding a proposal that would modify existing allocations of the 700 MHz spectrum for public safety and use this spectrum in conjunction with commercial spectrum for a joint commercial/public safety nationwide broadband interoperable network. The filing described the City's plans to deploy a broadband network for public safety and certain concerns associated with the FCC's proposal.

6.25 KHz Proceeding

In May 2007, DoITT, jointly with the New York City Police and Fire Departments, filed a petition for reconsideration describing the problems associated with the FCC's recent determination to move rapidly towards the use of 6.25 KHz technology in the 150-174 MHz and 421-512 MHz bands. The petition outlined the problems of stranded investment, the effect the FCC's order would have on ongoing interoperability efforts, as well as the general complexities associated with migrating to narrower bandwidth.

In July 2007, DoITT, jointly with the New York City Police and Fire Departments, filed reply comments noting again the City's concerns about a rapid transition to the use of 6.25 KHz technology and outlining the supporting statements made by all the other commenters in the proceeding.

White Spaces Proceeding

In March 2007, DoITT filed reply comments in response to a FCC further notice of proposed rulemaking regarding transmissions by new low power devices on channels in between broadcast television frequencies (i.e., "white spaces"). In its reply comments, DoITT urged the FCC to ensure that its proceeding adequately addressed the need for testing and technical safeguards to avert the potentially destructive impact that the introduction of new devices in white spaces could have on existing wireless microphone use.

Verizon Forebearance Proceeding

In March 2007, DoITT filed reply comments in response to a FCC further notice of proposed rulemaking regarding transmissions by new low power devices on channels in between broadcast television frequencies (i.e., "white spaces"). In its reply comments, DoITT urged the FCC to ensure that its proceeding adequately addressed the need for testing and technical safeguards to avert the potentially destructive impact that the introduction of new devices in white spaces could have on existing wireless microphone use.

Proceeding on Competition for the Delivery of Video Programming

In November 2006, DoITT filed comments in response to a FCC notice asking about, among other things, the impact of local and state franchising requirements on competition in the video marketplace. The comments described the City's competitively neutral cable franchising process and how this process has enabled the City to address local concerns about the terms and conditions under which cable service is provided, in a manner consistent with the Cable Act. The comments also described how the City's cable franchising process has helped to further the FCC's goal of ensuring that local residents have the means to receive diverse programming.

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United States Congress

700 MHz

On June 14, 2007, former DoITT Commissioner Paul Cosgrave, testified before the U.S. Senate Committee on Commerce, Science, and Transportation regarding a proposal by Frontline Wireless for the development of a nationwide broadband network for public safety using a portion of the 700 MHz spectrum that had been previously allocated to public safety for wideband use. In his testimony, the DoITT Commissioner outlined the City's concerns with this proposal.

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Public Service Commission, New York State (PSC)

PSC Proceeding Concerning Wireless Facility Attachments to Utility Distribution Poles

In September 2007, DoITT filed comments in the New York State Public Service Commission's proceeding on wireless facility attachments to utility distribution poles. The comments urged the Commission, in its proceeding, to ensure that it not take any action that would restrict the rights of, or impose obligations on, property owners or managers who are not themselves utilities but who hold title to or management responsibility for underlying property on which utility distribution poles may be located.

Intermodal Competition

In 2005, DoITT filed reply comments in a New York State Public Service Commission proceeding regarding intermodal competition. The reply comments discuss:

  • Equal treatment for competing providers;
  • The importance of maintaining a wireline infrastructure;
  • Service quality;
  • Service pricing plans;
  • Information the Commission might consider gathering about broadband deployment; and
  • The importance of retaining the Commission’s complaint processes.
  • Read the Comments Intermodal Competition, 2005

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City Council Testimony

Authorizing Resolution New Cable Franchises, August 2006
In August 2006, DoITT testified before the City Council Subcommittee on Zoning and Franchises regarding a proposed authorizing resolution to permit DoITT to negotiate with cable operators for new cable franchises, as well as the renewal of existing franchises. The testimony described the cable franchising process in the City and the need for a new authorizing resolution.

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