FCC extended deadline for filing public comments on its further notice of proposed rulemaking on DTV cable must-carry. Responding to request for more time, Cable Bureau pushed deadline for comments back to June 11, replies to July 21. Comments had been due May 10.

Promotions at ABC TV Network: Mary Holahan to senior vp-gen. mgr., Detroit Sales Div.; John Caruso to vp-prime-time sales; John Sadler to senior vp-gen. mgr., Western Div. Sales… Johanna Mikes, ex-FCC Common Carrier Bureau, joins office of Rep. Boucher (D-Va.) as legislative counsel handling telecom and Internet issues… Barrett Toan, pres.-CEO, Express Scripts, nominated to U.S. Cellular board… Changes at Arbitron: Kevin Smith, ex-Wink Communications, appointed senior vp-cable services and PPM business development; Les Tolchin promoted to senior vp-PPM business development; Jay Guyther advanced to senior vp- international PPM marketing… Todd Daniels, ex-Nortel, appointed vp-Western regional sales, Taqua Systems… Kenneth Miller, pres.- Globecomm, moves to CEO, NetSat, replacing Marni Ehrlich, resigning… Nick Shelness, ex-Lotus vp-chief technology officer, named chief technology officer, United Messaging.

FCC Wireless Telecommunications Bureau asked for comment on Space Data Research request filed April 10 for declaratory ruling on or waiver of Narrowband PCS rules, which don’t mention specific types of services company proposes. Space Data said in request it developed free-floating, balloon-borne communications system to provide 2-way paging and other advanced messaging services across U.S., focusing on rural and other underserved geographical regions too remote or too costly for ground-based infrastructure. Company intends to acquire nationwide Narrowband PCS Ch. 4 (901.15-901.20 MHz paired with 940.15-940.20) license from TSR Wireless to operate system. Space Data asked Commission to clarify Narrowband PCS rules or issue waiver stating: (1) Term “base station” encompasses high-altitude, balloon-borne repeater transceivers. (2) Space Data system complies with transmitter listing requirements. (3) Antenna registration requirements don’t apply to antennas that are affixed to high-altitude balloon-borne repeater transceivers. Comments are due May 18, replies May 28. (DA 01-970)

Public broadcasters and major cable operators are starting to discuss digital TV carriage agreements that could short-circuit push by broadcasting industry for DTV must-carry rules. Cable and PTV officials said AT&T Broadband and Cox Communications were holding talks with special APTS/PBS MSO Advisory Committee, while Comcast, Charter Communications and other large cable operators have expressed strong interest in deals. APTS said it planned to approach Adelphia and Cablevision Systems, too, following landmark DTV carriage pact that APTS and PBS signed with Time Warner Cable last Sept. “I would expect to see more conversations between public stations and MSOs in the coming months,” NCTA Pres. Robert Sachs said.

FCC denied Real Estate Access Alliance (RAAA) petition Wed. requesting that Commission delay implementing order that expanded rules preventing restrictions on installing antennas to cover wireless services. Landlords, state and local govts. and other 3rd parties can’t restrict installing, maintaining or using antennas for TV broadcasts, DBS and multichannel multipoint distribution services, FCC said. RAAA wanted Commission to delay order until further notice was resolved or U.S. Appeals Court, D.C., ruled on challenge to existing rule. FCC said RAAA had “failed to make the requisite showing” of need for stay.

FCC Wireless Bureau granted petition by United Telecom Council (UTC) to become frequency coordinator in private land mobile radio (PLMR) service for 800 MHz and 900 MHz business and industrial/land transportation frequencies. UTC already has been certified as frequency coordinator for pool of PLMR frequencies below 512 MHz. Bureau said it also was offering opportunity to other frequency coordinators below 512 MHz to perform same function for those higher frequencies. Order extended earlier decision to allow more than one entity to coordinate frequencies for PLMR services below 512 MHz to PLMR frequencies at 800 and 900 MHz. “We anticipate that any entity that has successfully resolved the complex engineering questions presented by numerous below-512 MHz frequency recommendations will be able to correctly apply the mileage separation requirements set forth in the Commission’s 800 MHz and 900 MHz band PLMR service rules,” order said. Industrial Telecommunications Assn. (ITA) lauded fact that order went beyond UTC petition and opened up competition above 800 MHz to all coordinators. “We believe the rules for dissemination of information among 800 and 900 MHz coordinators should mirror the existing rules between frequency coordinators for private wireless bands below 512 MHz,” ITA said. As example, group said frequency coordinators should be required to notify their peers of their certifications within 25 hours.

Verizon Wireless took exception to FCC assumptions in recent report on technical challenges of 2.5 GHz band now used for Instructional TV Fixed Services and MMDS for 3rd generation and other advanced services. In comments submitted this week on final reports by NTIA and FCC (CD April 2 p1), Verizon said agency didn’t determine how much spectrum assigned to ITFS licensees was used to provide instructional services and how much was leased to commercial providers such as WorldCom and Sprint. Verizon said final report attributed failure to include estimates on how much excess capacity was being leased to MMDS operators to lack of licensing data. It said there was “overwhelming evidence” that “significant portions of the 2500-2690 MHz band are no longer used to deliver educational services, and that the band has been largely commercialized.” (ITFS licensees have made dozens of filings at FCC in recent weeks describing educational uses of spectrum and urging agency to leave it untouched). Verizon questioned how Commission could conclude band segmentation would create technical and economic difficulties for ITFS licensees if it didn’t know exactly how much spectrum they were using for educational purposes or for leasing. “The only harm to ITFS incumbents would be the potential loss of revenue collected through spectrum leases,” Verizon said. FCC Mass Media Bureau recently rejected Verizon emergency petition that asked that decisions on 2-way applications for MMDS and ITFS be delayed until larger decisions on 3G spectrum allocations were made (CD April 5 p6). Meanwhile, Sprint submitted 3G position paper to Commission Tues. contending that relocation of incumbents in 2.1 and 2.5 GHz bands would impose huge relocation costs on new entrants, would compromise Sprint’s “ability to compete against telephone and cable company high-capacity residential services and will likely end the interdependent relationships developed between Sprint and its educational partners.” In its reply comments on final reports, CTIA asked why documents didn’t factor in recommendations made by industry during outreach programs conducted by NTIA. “The recommendations were either not addressed or were dismissed out- of-hand in the NTIA report,” CTIA wrote. Military has left several questions unanswered in NTIA report, including how that spectrum’s increased use worldwide for commercial wireless services had affected Dept. of Defense operations, CTIA said. (CTIA has indicated preference for using 1710-1850 MHz, rather than MMDS/ITFS bands, for advanced wireless services allocations.) CTIA questioned why industry wasn’t given chance to comment on DoD report appended to NTIA final 3G document. CTIA noted DoD concerns in moving satellite control operations to 2025-2110 MHz because of regulatory status of those systems in relation to electronic newsgathering systems in U.S.

Mich. PSC approved enforcement mechanism to ensure continued Ameritech compliance with wholesale service performance requirements after it enters interLATA long distance market. Action would conform to FCC findings in previous Sec. 271 cases that effective remedy plan for performance failures was essential to Sec. 271 compliance. PSC in Doc. U-11830 went with Ameritech proposal for performance assurance plan modeled on successful SBC program in Tex., but made some modifications. Agency rejected CLEC-sponsored alternative that included absolute parity floor not tied to Ameritech retail service levels. PSC said it would address CLEC concerns that retail service quality would decline to wholesale level through general service quality enforcement. Maximum annual penalty in fines and rebates is capped at 36% of Mich. gross revenue (about $330 million). PSC rejected variety of penalty exclusions Ameritech sought for conditions beyond its control, waiving penalty only if performance failure was caused by CLEC. PSC also rejected idea of basing penalty escalations on type of failure within each performance area, instead opting for escalation based on number of failures. It said formula in Ameritech’s plan for calculating penalty amounts owed might not produce large enough performance incentive. Rather than change formula, PSC simply said formula result should be doubled. It also said rebates to CLECs should be paid as direct checks, not bill credits.

Denying Southern Linc request to reject applications, FCC Wireless Bureau granted license transfer requests in which Motorola has sought to assign 59 900 MHz specialized mobile radio (SMR) licenses to Nextel. Southern had argued that transaction would decrease competition in trunked dispatch market, making Commission approval of applications against public interest. Southern wanted FCC to take narrow view of market by limiting its examination to impact of deal on trunked dispatch services provided only by SMR operators at 800 MHz and 900 MHz. Nextel offers products that compete with all commercial mobile radio service providers (CMRS). Bureau said it wasn’t necessary to decide whether it must define market that included all CMRS providers because “we conclude that the applications may be granted even assuming narrower market definitions.” Order said: “Nonetheless, we also recognize the increasing convergence of CMRS services and may well adopt a broader market definition in reviewing future transactions.”

As expected, FCC issued public notice Wed. seeking comment on whether its MediaOne merger conditions should still apply to AT&T now that U.S. Appeals Court, D.C., has struck down cable ownership limits as unconstitutional (CD April 12 p2). In 4-page notice, Cable Bureau asked for comments “regarding the effect, if any, of the court’s ruling on the conditions imposed” in last June’s MediaOne order. “In particular, the Commission seeks comment on whether to proceed with the conditions in light of the court’s decision,” notice said. Cable Bureau also set deadlines for comments on notice and related petition for reconsideration of cable ownership decision filed by Consumers Union. Comments are due May 11, replies May 25.