FCC granted request by Time Warner Cable to modify designated market area (DMA) of religious station WWRS-TV (Ch. 52, TBS) Mayville, Wis. Ruling allows TWC to drop station from carriage in southern areas of state -- Kenosha, Racine and Walworth. TWC had argued station hadn’t been carried in past, that none of those communities were within 50 miles of station and that it lacked local programming. Station, affiliate of Trinity Bcstg. Network, contended it only recently had moved to full power, it did provide some local programming and planned to expand it, its lack of viewers in area shouldn’t be used as evidence against it, TWC was discriminating against it because it was religious station. FCC ruled that even with increased power, WWRS-TV didn’t include any of those communities and cited local print sources that didn’t list WWRS-TV programs.
Despite strict interference limits for Multichannel Video Distribution & Data Service (MVDDS), DBS operators still maintain new FCC rules won’t protect their customers from harmful interference. Commission released long-awaited text of order on MVDDS service late Thurs. (CD April 24 p1). Satellite Bcstg. & Communications Assn. official told us 10% benchmark for outage times to start analysis mandated in regulation exceeded limit of 2.86% of decreased availability established by ITU. FCC said service that met benchmark and power limits wouldn’t be considered harmful to DBS customers. Power limits of 14 dBm per 24 MHz EIRP reduce likelihood MVDDS operations will “significantly hurt” new or existing DBS subscribers, Commission said. MVDDS auction is scheduled to begin Feb. 12, 2003. Auction seminar is set for Dec. 11, short-form deadline Dec. 20. Upfront payment deadline is Jan. 17, with mock auction Feb. 7.
Countries that back controversial cost-sharing plan on international Internet connections “may have it flipped upside down,” State Dept. official said Thurs. Proposal (CD May 23 p3), International Charging Arrangements for Internet Services (ICAIS), is likely to be issue at next week’s Asia Pacific Economic Cooperation (APEC) telecom ministerial meeting in Shanghai, China, said David Gross, U.S. Deputy Assistant Secy. of State for International Communications. ICAIS grew out of World Telecom Standardization Assembly recommendation 2 years ago that administrations involved in international Internet connections forge bilateral commercial cost-sharing agreements. U.S. is opposed to idea, however, on ground that it amounts to regulation that could hamper Internet development. Now, said Gross, U.S. has “extraordinarily good story” to tell APEC participants about how changes in Internet market over last 2 years make it essential that individual parties be allowed to decide how to connect with each other when neither has market power. Gross doesn’t see any market power issues in international arena, he said, although there may be lack of competition in certain economies. Other key issues are likely to be network security and broadband, he said. At next week’s meeting, Gross said, he, NTIA Dir. Nancy Victory and FCC Comr. Copps would hold several “substantial” bilateral meetings with Chinese delegates, as well as with Malaysia, Chinese Taipei, Hong Kong and others. They also are trying to set up meetings with Korea and Australia, he said.
FCC should “closely examine” XM Satellite Radio’s possible plans for inserting local content into terrestrial repeater signals before issuing permanent license for repeaters, House Commerce Committee Chmn. Tauzin (R-La.) and Commerce Committee member Green (D-Tex.) said in May 22 letter to FCC Chmn. Powell. They said Commission should ascertain exact location of every terrestrial repeater and interference issue justifying its existence, and require “explicit statement” from XM that repeaters wouldn’t be used to distribute localized programming.
FCC released orders on private land mobile radio (PLMR) services that declined to restrict new citizens band (CB) radio service to industrial/business pool users under Part 90 of Communications Act. Part 90 contains rules for PLMR services for public safety entities, state and local govts. and other users of 2-way radio systems. Commission affirmed decision to license 5 VHF frequencies formally used for low- power industrial/business use by putting them in new CB service under Part 95 called multi-use radio service (MURS). “The general public is licensed by rule to use MURS for communications related to personal or business activities,” Commission said. FCC also clarified that MURS was 2-way, short-distance voice or data communications service “intended for transmissions that do not typically require long duty cycles.” FCC updated airport terminal use list, which identifies airports at which certain 450 MHz band frequencies are used by nearby stations for servicing and supplying planes. In separate order, FCC adopted proposal of American Automobile Assn. to revise power limit on certain frequencies now reserved for low-power operations for cargo handling at docksides. Order didn’t accept AAA proposal to require all applicants to obtain AAA’s concurrence before using those frequencies. Agency also adopted proposal to eliminate eligibility restriction on school and park operations in public safety pool. Motorola, RadioShack and Industrial Telecom Assn. had petitioned for reconsideration of MURS policies, arguing FCC had decided to include general consumers in class of licensed users even though notice had proposed only to eliminate licensing requirement for eligible business and industrial users. Concern of Motorola and others was that expanding use of those frequencies to general public would increase interference and congestion for business communications. As result, Motorola and ITA asked that that spectrum be returned to Part 90 PLMR services. Concerns over congestion and other issues “do not adequately address or appropriately balance the sharing issues raised on reconsideration,” FCC concluded. Rather than abolishing MURS, Commission said it was adopting technical restrictions to address those concerns.
John Riffer, assistant gen. counsel, Administrative Law Div., of FCC Office of Gen. Counsel, retires May 31; Lisa Griffin promoted to deputy chief, FCC Enforcement Bureau Market Disputes Resolution Div… Beth Wolfe retires as PBS exec. vp-corporate services… Scott Yancey, ex-Cable & Wireless, joins InPhonic as CFO; Frank Bennett, ex-Verizon, becomes COO… Martin Leader, ex-Shaw Pittman, added to Sinclair Bcst. board; other 7 members re-elected… Gerard Continente promoted to vp-Asia-Pacific, Alcatel Space… Changes at FX: Nicholas Grad, ex-Columbia TriStar TV, appointed vp-series development; Matthew Cherniss, ex-Fox, named dir.-development… Richard Santillo, ex-ITCDeltaCom, appointed regional vp-field operations, Cox Business Services; Charles Kirkman promoted to dir.-carrier billing & assurance, Cox… John Dalrymple promoted to vp-gen. mgr., CableRep Las Vegas… Kate Adams, ex-Viacom, named senior consultant, Dove Consulting… Paul Martin promoted to senior vp-corporate comptroller, Charter Communications.
Ground-penetrating radar (GPR) companies urged FCC to provide interim relief on parts of ultra-wideband (UWB) rules that they have said are more restrictive than necessary. In filing at FCC this week, GPR Industry Coalition said rules “effectively block many needed and safe GPR applications.” It said that under policy approved by Commission in March, “much of the GPR industry, composed of small businesses, would be unable to survive through another rulemaking cycle.” Group of GPR manufacturers already has said it plans to challenge UWB order (CD April 24 p7), raising concerns that power limits in order could eliminate many GPR uses. FCC order said GPR must operate below 960 MHz or in band of 3.1- 10.6 MHz. At issue in latest GPR filing is short-term relief. FCC has said it plans to assess UWB restrictions in 6-12 month review period and issue further notice if testing indicates some parts of rule should be revisited. GPR Industry Coalition said in May 21 ex parte filing that under that schedule, revising rules could take at least 1-2 years, which could stretch to 3 years if rules were challenged. Group said short-term relief was needed because: (1) Regulatory uncertainties were “already impairing product sales and end users’ contracts with service customers.” (2) GPR manufacturers and customers typically were small businesses “that cannot survive even a short rulemaking cycle.” GPR Industry Coalition said their devices had “never caused reported interference” and interference with GPS systems wasn’t issue because many units had embedded GPS receivers that didn’t experience UWB interference. “Deployment density and duty cycle of GPRs are low,” filing said. “Most GPRs operate in unpopulated or lightly populated areas.” Among changes requested are: (1) Additional user categories for GPR devices. Order now limits use to law enforcement, fire and emergency rescue workers, scientific researchers, commercial mining companies, construction firms. Group wants additional categories “to capture needed users” and, longer term, elimination of marketing restrictions. (2) Identification of sensitive areas such as airports and precoordination everywhere else for unlimited use. Longer term, group seeks elimination of coordination requirements as unnecessary. (3) Approval of emissions under current mask requirements. Rules now disqualify shallow emissions profile even it’s “tens” of dB below emissions mask that’s designed to prevent interference to other spectrum users, GPR said. Long term, group wants FCC to relax emissions mask. GPR group said there wasn’t evidence in record at FCC to justify GPR emissions limits below Class B levels for Part 15.
Alaska Regulatory Commission (ARC) Chmn. Nan Thompson warned state’s lawmakers that failure to reauthorize her agency could endanger federal universal service funding that supported rural telecom service. In letter to legislature, Thompson said if there were no state commission, there would be no agency to handle annual universal service certifications required by FCC. Federal universal service fund (USF) rules require state commissions to make annual certification that USF money is being used for intended purposes. as prerequisite for continued federal support. Agency recently filed certification for 2002 and probably would be able to perform duty for 2003, but after that there would be no entity to ensure that state’s rural telecom carriers continued to receive the $70 million in annual USF support that now flows to Alaska. She said there would be other adverse consequences to Alaska’s economy, state budget and all regulated utilities if ARC weren’t renewed. She said “regulatory and legal confusion” surrounding dying ARC would undermine efforts by state’s telecom, electric, gas, pipeline, water and sewer companies to obtain financing for new projects. Legislature in regular and first special session was unable to break political barrier raised by key Senate Republicans that had blocked ARC reauthorization. Agency isn’t due to die until June 30, 2003, but Thompson warned that it must start curtailing its activities July 1 unless renewed. Legislature will try again to settle ARC issue in 2nd special session that’s due to convene June 24.
FCC and state commissions should be required to balance national security policy with competitive policy, USTA Senior Vp-Law & Policy Daniel Phythyon said in USTA-sponsored Web conference Thurs. He detailed recommendations recently approved by USTA national security policy committee. Policy since Telecom Act of 1996 may be “inconsistent” with goal of building networks secure from both physical and cyber attacks, he said. “Telecom policy is driven to maximize competition” but open telephone “network configured to maximize competition is not necessarily a secured network,” he said: “The FCC needs to consider how new rules impact the security of networks.” USTA supports govt.-industry cooperation on development of national policy for security of telephone and data networks, Phythyon said: “This seems to be a no-brainer in this country where the government has relied on privately owned communications networks for more than 100 years,” but many other countries have govt.-owned networks. Security of U.S. networks is interrelated with those of other countries, he said. Other points: (1) Each service provider should bear responsibility for national security. Example given was background checks for technicians who work for CLEC that’s colocated in ILEC central office. ILEC shouldn’t be responsible for CLEC employees, he said. (2) Mandate to carriers for national security should be funded by govt. agency that requests it. (3) Regulations on national security “must be coordinated among all government entities with jurisdiction to avoid duplicative, unnecessary and inconsistent requirements.” Sept. 11 greatly expanded govt. agencies working on national security, Phythyon said: “It is difficult to get your arms around everything going on in Washington, let alone the state and local agencies crucial to the national security effort.” USTA encourages federal govt. to focus on what agencies are most important to “make sure they coordinate with the necessary state and local governments,” he said.
FCC appeared to be weighing at least brief delay for one upcoming 700 MHz auction, although details still were in flux at our deadline and final decision on whether there would be postponement still wasn’t clear. Staffs of Sen. Stevens (R- Alaska), House Commerce Committee Chmn. Tauzin and Senate Commerce Committee Chmn. Hollings (D-S.C.) met late Wed. on potential compromise scenarios, although no progress appeared to have been made, sources said. Several industry observers also said that because FCC decision was coming so close to May 28 deadline for upfront payments in auctions, it could approve short delay in payment deadline. Among possibilities Commission appeared to be mulling Thurs. was holding lower band auction on time for 700 MHz and allowing short delay, possibly of 6 months, for upper band. One source said that several companies as of late Thurs. already had made wire transfer payments to FCC to participate in lower band auction.