Relative silence following call for national broadband policy by Senate Governmental Affairs Chmn. Lieberman (D- Conn.) (CD May 29 p2) was broken Fri. by Heritage fellow, who agreed Bush Administration hadn’t been active enough but questioned Lieberman’s approach. “As a rule of thumb, one should be wary of anyone in Washington invoking President Kennedy’s call to land a man on the moon,” James Gattuso said. He said there was “certainly reason to be bullish on broadband, I am too,” but faulted Lieberman for avoiding explicit positions in his lengthy report. “On most issues,” Gattuso wrote in piece distributed by Competitive Enterprise Institute, “Lieberman performs an awe-inspiring politician’s dance, discussing the topic, grimly intoning how important it is, then moving on without stating a position.” Gattuso cited Lieberman’s discussion of need for competition, in which he outlined debate at FCC and said policymakers couldn’t avoid debate on competition. “It then goes on to avoid the debate over competition, not even hinting at a position,” Gattuso said. He noted Lieberman was likely 2004 Presidential candidate, but as for his criticism of White House’s lack of position on broadband, Gattuso said: “Fair enough -- the White House has been conspicuous by its silence on broadband regulation.” He said Lieberman, who isn’t on either Commerce or Judiciary committees and until now has been relatively silent on broadband, “is but the latest player in an increasingly crowded Senate broadband debate.”
Group of companies that develop devices for Part 15 spectrum, including ultra-wideband developer XtremeSpectrum, opposed petition to FCC for reconsideration by amateur radio group that they said “seems to call into question the lawfulness of unlicensed devices in general.” National Assn. for Amateur Radio (ARRL) filed petition for reconsideration in April concerning order that would allow operation of unlicensed fixed, point-to-point transmitters in 24.0-24.25 GHz band using narrow-beamwidth antennas. ARRL petition raised broad Part 15 issues, asking that Commission reverse part of order that addressed its jurisdiction to authorized unlicensed operation of radio frequency devices “which have significant potential for interference to unlicensed radio services.” ARRL argued that FCC had no jurisdiction under Communications Act to authorize through rulemaking operations unlicensed devices that had “significant potential” to interfere with licensed radio services. ARRL contended: “The Commission has expanded the concept of unlicensed devices far beyond what its original concept allowed and far beyond what is permissible pursuant to Section 301” of Communications Act. ARRL also said certain statutory provisions barred unlicensed operations, with limited exceptions. In opposition filed late Fri. at FCC, group of technology companies said ARRL’s arguments were tantamount to asking FCC to remove computers, cordless phones and “all other radio-based consumer devices” from market. Besides XtremeSpectrum, opposition was filed by Intersil, Symbol Technologies and Wireless Ethernet Compatibility Alliance. “On its face, ARRL’s objection reaches much farther than the 24 GHz rule adopted in this proceeding,” filing said. “Given that nearly all unlicensed operation in non-government spectrum uses the same frequencies as do licensed radio services, ARRL’s petition seems to call into question the lawfulness of unlicensed devices in general.” Companies said FCC had backing to implement Part 15 rules as result of: (1) “Great deference” to which Commission’s statutory interpretation is entitled. (2) Deference given to agency when it acts in line of its technical expertise. (3) Independent authority of FCC to fill in gaps in Communications Act, “particularly in a fast-moving technological environment.” (4) Repeated ratification by Congress of unlicensed operations as evidenced by lawmakers’ leaving rules intact for 60 years “while routinely amending other parts of the statute.” Opposition filing also said Congress included language in 1997 Balanced Budget Act that excluded from auction bands allocated for unlicensed use under Part 15. “ARRL thus has the difficult task of arguing that Part 15 exceeds the Commission’s statutory authority, in the face of a statute that specifically protects Part 15 operations,” filing said.
Proposal that policymakers examine possible changes in public safety equipment to better withstand interference from commercial users at 700 MHz got mixed reception at FCC’s Public Safety National Coordination Committee (NCC) meeting Fri. Glen Nash, pres. of Assn. of Public-Safety Communications Officials (APCO) and chmn. of NCC’s technology subcommittee, outlined scenario in which public safety users at 700 MHz could increase minimum desired signal level from 40 dBu that’s typical today to design signal level of around 50 dBu. Nash said at 2-day NCC meeting last week that he raised potential option for mitigating interference to public safety at 700 MHz from adjacent band users at request of FCC. Possible solution that would entail public safety operators’ raising their signals appeared designed to head off same kinds of interference problems that have beset those users at 800 MHz. But attendees raised concerns ranging from disproportionate cost burden that public safety would bear under that type of plan to how local govts. could address siting from increased radio sites. “This is not a simple answer, there are many parts of the equation,” Nash said.
HDTV has crossed “final barrier” and “is here and here to stay,” CBS Senior Vp Joseph Flaherty told Home Entertainment 2002 show in N.Y.C. Thurs. In keynote speech to reporters, Flaherty described HDTV as latest “must-have” TV technology, and any CE businessperson who believes “that the public won’t ever want widescreen digital HDTV is taking a ‘bet-the-business’ gamble.”
Local govts. will oppose any federal action to harmonize public rights-of-way (ROW) regulations to spur broadband deployment, but will consider state legislation on lines of recently enacted Mich. ROW legislation. That was view that emerged from Washington panel Thurs. organized by Advisory Committee to Congressional Internet Caucus at which industry called for broad national action to lay down contours of “appropriate” local govt. management of ROW and assessment of fees. What’s needed is dialog between local govts. and industry and not one-size-fits-all approach, said Marilyn Praisner, vice chmn. of FCC’s Local & State Govt. Advisory Committee (LSGAC). While problem of delays in granting permits and charging ROW fees in excess of actual costs is “selective,” it has developed into one of national scope and calls for national action, said Martin Stern, co-founder of Telecom Industry Rights-of-Way Working Group (I-ROW).
FCC granted 12-month waiver of radio-TV cross-ownership rules to allow Clear Channel to acquire Ackerley Media Group stations. Waiver for 5 markets was opposed by Buckley Bcstg. and informal objection was raised by Rep. Farr (D-Cal.), but Commission said waiver was in public interest.
FCC denied Pegasus petition for reconsideration of Dec. 1999 decision granting KaStar application for consent to transfer of control of licenses from Televerde Communications. Pegasus had argued that KaStar failed to provide enough information to determine whether transaction complied with antitrafficking rules. Pegasus said principals of KaStar’s majority shareholder, Televerde, realized substantial gain in transfer of control. Commission said Pegasus offered no new information.
Northpoint decision won’t affect New ICO’s effort to add ancillary terrestrial service (ATC), Senior Vp-External Affairs Gerry Salemme told us Thurs. New ICO filed petition at FCC (CD April 24 p1) to use satellite frequencies for terrestrial service. “Nothing has changed” as result of Northpoint decision, Salemme said. “We're the license holder. Northpoint wasn’t… People understand the differences. You don’t take away our spectrum.” Nevertheless, some believe company now may have difficulty getting Commission approval because of Northpoint decision, which allows terrestrials companies to share satellite spectrum in 12.2-12.7 GHz band for multichannel distributors, but requires auction of spectrum. Despite major investment in New ICO system, company still probably has financial wherewithal to bid in auction, industry source said. Industry attorney said Commission “had another tough call” in deciding fate of New ICO, which said adding ATC was only way satellite service could work.
Digital divide is real and in need of policy attention, consumer groups said Wed., accusing Bush Administration and FCC of denying its existence. Consumer Federation of America (CFA), Consumers Union (CU) and Civil Rights Forum on Communications Policy (CRFCP) issued report, Does the Digital Divide Still Exist? Bush Administration Shrugs, But Evidence Says ‘Yes.’ Groups’ evidence of Bush Administration’s dismissal of digital divide was based on Commerce Dept. report earlier this year that suggested divide was closing (CD Feb 6 p4) and President’s FY 2003 budget, which slated for elimination 2 programs addressing digital divide, Commerce Dept.’s Technology Opportunities Program (TOP) and Education Dept.’s Community Technology Center, which coincided with Commerce’s report (CD Feb 6 p1). “The Administration’s claims that we no longer need policies to close the gap is simply wrong,” CU Legislative Counsel Chris Murray said: “Rather than misdefine the problem of the digital divide, the Bush Administration would like to misinterpret it out of existence.” Report said digital divide still existed, in part because: (1) 45% of Americans don’t use Internet. (2) More households with annual incomes above $75,000 have broadband than those below $25,000 have dial-up Internet access. Although Administration hasn’t yet decided whether to adopt broadband policy (CD May 23 p1) and has remained neutral on broadband legislation such as the Bell deregulation bill sponsored by House Commerce Committee Chmn. Tauzin (R-La.) and ranking Democrat Dingell (Mich.), CFA Dir.-Research Mark Cooper said “the Administration’s current policies aimed at enhancing the price-setting power of cable and phone monopolies will only worsen the problem.” Groups linked FCC with Administration on that issue, including suggestion that FCC Chmn. Powell had failed to recognize, as CRFCP Exec. Dir. Mark Lloyd put it, that “access to the Internet today is as important as access to the street or sewers or electricity was 50 years ago.” -- www.consumerfed.org/DigitalDivideReport20020530.pdf.
FCC said it now required electronic filing of applications for Class A TV construction permit or license (FCC 302-CA).