Next forum on FCC’s broadcast ownership rulemaking will be Fri., March 7, at U. of Washington in Seattle. Comrs. Copps and Adelstein are set to attend hearing, 9 a.m.-1 p.m. at Hub Auditorium at Shidler Center for Law, Commerce & Technology. Organizers said they probably would release agenda late Mon. (after our deadline) or Tues.
FCC adopted complex UNE order Thurs. that appeared to please no one entirely, giving and taking regulations from every part of telecom industry. All of commissioners registered partial dissents except Comr. Martin, who teamed with Comrs. Copps and Adelstein to create majority vote for keeping UNE platform option for competitive entry and strengthening state regulators’ power to determine when individual UNEs should be dropped.
EchoStar completed repurchase of 9-1/4% senior notes Feb. 1, 3 years early, company said (CD Jan 2 p10).
In ruling that could mark end of protracted NextWave litigation, U.S. Supreme Court Mon. upheld lower court decision that reversed FCC on cancellation of carrier’s licenses. Court ruled 8-1, with dissent by Justice Stephen Breyer, that Bankruptcy Code barred FCC from revoking licenses held by bankrupt debtor for failing to make timely payment. Writing for majority, Justice Antonin Scalia said that reading of bankruptcy law didn’t conflict with Communications Act, which he said didn’t require FCC to cancel licenses as penalty for missed payment. “What the petitioners describe as a conflict boils down to nothing more than a policy preference on the FCC’s part,” he wrote.
EchoStar subsidiary EchoStar DBS will redeem outstanding 9-1/4% senior notes from U.S. Bank Trust National Assn. Feb. 1, EchoStar said. Company will be exercising early redemption right for notes due in 2006. It will pay 104.625% for $375 million in notes -- $392 million.
FCC at our deadline Thurs. approved 2 key Bell applications for Sec. 271 authority to enter long distance business: (1) It voted 4-0 to approve BellSouth’s application for Fla. and Tenn., last remaining states in its territory without Sec. 271 authority. (2) It voted 3-1 to approve SBC’s application for Cal., biggest market in country. Comr. Martin dissented on SBC vote. Comr. Adelstein didn’t vote.
T-Mobile finished deploying wireless priority access (WPA) technology Mon. in Washington for National Communications System (NCS), latest phase in broader project to give network-access priority to national security personnel and first responders nationwide. This stage of Capital-area deployment of WPA is significant, but is only beginning of eventual end-to-end national capability that will include Internet priority access, NCS Technology & Programs Div. Chief Peter Fonash said at E-Gov Homeland Security 2002 conference in Washington.
Satellite officials are fearful of lengthy delays in obtaining visas may hurt future industry trade shows and may cause relations with some non-U.S. companies to break down, they said. “The visa situation with China certainly could have a long-term effect on cultural business and scientific relations between the U.S. and China,” satellite consultant Timothy Logue said: “I think it should be of concern of every organizer of space satellite or telecommunications conferences in this country which count on significant involvement of foreigners.” Logue has been working on problems on behalf of several clients who do business with foreign companies.
Mont. PSC, doing about-face, advised FCC to reject Qwest’s current Sec. 271 interLATA long distance entry bid on ground carrier hadn’t complied with 2 public interest conditions PSC attached to its Aug. 1 endorsement. of Qwest entry. Mont. filed its negative recommendation late Tues., due date for comments from states and 3rd parties on Qwest’s pending 9-state Sec. 271 interLATA long distance application. With exception of Mont., Qwest states’ latest comments to FCC reiterated support they gave this summer. Petition seeks entry in Colo., Ia., Ida., Mont., Neb., N.D., Utah, Wash., Wyo.
Cal. PUC’s controversial decision to support SBC/Pacific Bell interLATA long distance entry contains seeds of what could blossom into federal-state legal conflict over whether FCC Sec. 271 long distance approval for interstate service automatically confers approval for intrastate long distance service as well. PUC’s 4-1 vote for Sec. 271 support (CD Sept 20 p3) also marked first time in recent history that compliance with certain 271 checklist points was in doubt because parties weren’t certain what compliance requirements were.