Telecom
President Bush Appoints Martin To Head FCC
     President Bush this week appointed Kevin Martin as chairman of the FCC and successor to Michael Powell, who became a lightning rod for controversy on some telecommunications and media issues. Martin, 38, has been serving as a Republican commissioner at the agency since 2001. He was deputy general counsel for Bush's first presidential campaign and worked on the Bush-Cheney transition team. He also served as special assistant to the president for economic policy at the White House. Martin's elevation to chairman creates an opening for a GOP commissioner at the agency. The expected departure of Commissioner Kathleen Abernathy would create another GOP vacancy at the five-member agency. Abernathy's term expired last year, but she may stay until the slot is filled or until the end of this year.

Telecom
Naming Of FCC Chairman Draws Praise, Dismay, Relief
     The appointment of Kevin Martin as chairman of the FCC drew various industry reactions -- from praise to dismay to relief. Leading telecommunications carriers lauded Martin as capable and well-versed. "Commissioner Martin has an excellent grasp of the issues, knows how to move the FCC's decision-making processes and can hit the ground running," Tom Tauke of Verizon Communications said. While most statements praised Martin, one observer feared that his appointment could lead to a new era of content censorship. "It is, sadly, a victory for the forces of so-called 'decency,'" said Jeff Chester, executive director of the Center for Digital Democracy. "Religious and conservative groups campaigned for the elevation of Mr. Martin. They have succeeded in establishing a new litmus test for the FCC chair -- someone who will be at the forefront of monitoring programming."

Trade
Tech Industry Likes Pick Of Rep. Portman As Trade Rep
     President Bush announced his intent to nominate Rep. Rob Portman as the next U.S. trade representative, and the technology industry praised the selection. Portman, R-Ohio, would replace Robert Zoellick, who is now deputy secretary of the State Department. Sources said there was some relief that the White House finally filled the position. "Naming Rob Portman to this position shows how serious the administration is about knocking down trade barriers," said Rhett Dawson, president of the Information Technology Industry Council. Earlier in his career, Portman was an associate in the Washington law firm Patton Boggs, where he specialized in trade issues. Portman also served in the White House under former President George H.W. Bush, the current president's father, as associate counsel to the president and later as director of the White House Office of Legislative Affairs.

Telecom
Senators Offer Mixed Reviews Of Pending Mergers
     The Senate Judiciary Committee scrutinized the recent spate of planned mega-mergers in the telecommunications industry that would combine MCI with Verizon Communications and AT&T with SBC Communications. CEOs from the companies defended their respective deals, but panel Chairman Arlen Specter, R-Pa., worried about the impact on new and entrenched competitors and consumers. Panel ranking Democrat Patrick Leahy of Vermont, who voted against the 1996 Telecommunications Act, said lawmakers "should closely scrutinize deals that would put more and more of our telecommunications infrastructure under the control of fewer companies." Meanwhile, small telephone companies that cater to business clients joined forces to fight the proposed mergers. The presently unnamed group includes Broadwing, Cbeyond Communications, Covad, Eschelon Telecom, Savvis Communications and XO Communications.

Broadband
Critics Of Cable Industry Fear Outcome Of Court Ruling
     Officials with the EarthLink Internet service provider, the Consumer Federation of America and a media advocacy group said the future architecture of the Internet is at stake in a pending Supreme Court case involving the cable industry. The case, National Cable and Telecommunications Association v. Brand X Internet Service, concerns the regulatory classification of high-speed cable modems. The FCC and the cable industry believe that broadband access offered over such modems should be a lightly regulated "information service," a determination made by the agency in 2002. Brand X, EarthLink and the nonprofit groups believe cable modems should be dubbed a "telecommunications service" subject to regulation.

Telecom
Committee Chairman Calls For Legislation To Fix 'E-Rate' Mess
     Federal legislation is the only alternative to correct the gross mismanagement of the program funding Internet access for schools and libraries, a powerful House committee chairman said. "The mismanagement of the e-rate program seems to know few bounds," Texas Republican Joe Barton, chairman of the House Energy and Commerce Committee, said in response to a new Government Accountability Office (GAO) report. GAO said the lack of oversight, performance measures and accountability standards limit the FCC's "management of the program and its ability to understand the scope of any fraud, waste and abuse within the program." "This committee has no choice but to develop legislation to scrap the status quo and apply some common sense to the e-rate program," Barton said.

Privacy
House Chairman Eyes National Standards For Data Brokers
     The chairman of the House Energy and Commerce Committee said his panel likely will craft privacy-related legislation this spring after committee members decide on a legislative approach to address the security of personal information held by data brokers. "I believe we will need to consider whether there should be national standards for protecting consumers when their personal information is lost or wrongfully disclosed by a data broker," Joe Barton, R-Texas, said in his opening statement at a Commerce, Trade and Consumer Protection Subcommittee hearing. The hearing focused on the legal protections for safeguarding people's information within the data-brokerage industry. Several federal and state lawmakers, including committee member Edward Markey, D-Mass., have introduced legislation aimed at regulating the industry. The efforts have come after a series of revelations about thefts of consumer data and other mishaps.

Government Reform
Panel Reviews System For Accessing Government Information
     A Senate panel held its first hearing since 1992 to examine federal compliance with the 1966 Freedom of Information Act (FOIA). "Freedom of information and openness in government are among the most fundamental founding principles in our government," said Sen. John Cornyn, chairman of the Judiciary Immigration, Border Security and Citizenship Subcommittee. The Texas Republican introduced an open-government bill, S. 394, with Sen. Patrick Leahy, D-Vt., in February. In a joint hearing with the Terrorism, Technology and Homeland Security Subcommittee, Cornyn and Leahy addressed the overarching concerns with the current process of requesting information from government agencies as the lawmakers pushed their pending legislation. The measure aims to reduce agency response times, close loopholes in the law, create an independent post to audit FOIA compliance, and expand the fee waivers to all media, including the writers of online journals known as Web logs, or blogs.