American Bird Conservancy (ABC) is gathering signatures for letter to House Appropriations interior subcommittee that requests congressional appropriation for research on threat to birds posed by communications towers. Ranking Commerce Committee Democrat Dingell (Mich.) and ranking Telecom Subcommittee Democrat Markey (Mass.) already have sent letter requesting $350,000 appropriation to Appropriations Interior Subcommittee Chmn. Skeen (R-N.M.), said Gerald Winegrad, vp- policy for American Bird Conservancy. While appropriations amount is relatively tiny, letter is seen as sign of extent to which this issue may begin to play out on Capitol Hill. In petitions for review filed by Friends of the Earth and Forest Conservation Council at FCC over tower siting proposals, migratory bird impact has been among concerns cited. Winegrad said he is circulating letter among wireless industry representatives, FCC and environmental groups for support. He said that besides ABC, National Audubon and Defenders of Wildlife have agreed to sign letter to Skeen and ranking subcommittee Democrat Dicks (Wash.). “We believe that bird kills at communications towers could be greatly reduced, if not eliminated, with some concentrated research,” draft letter said. Draft noted that 3 peer-reviewed research proposals have been cleared by industry-govt. Communications Tower Working Group but await funding. E-mail circulated last week soliciting signatures for letter noted that on April 26, FCC held meeting to discuss bird mortality issue related to towers and potential solutions. Wireless industry has contended that most-significant problem with bird kills is posed by largest towers, such as those for DTV, and that there is lack of current, scientific evidence on impact of smaller, cellular towers (CD May 13 p4). Fish & Wildlife Service has estimated that 4 million birds each year are killed in N. America from collisions with communications towers. While some in wireless industry have argued there’s no clear body of evidence as to connection of their towers and bird kills, environmentalists have accused industry of stonewalling rather than supporting research. One proposed study that has been peer-reviewed and is awaiting funding is one that would examine impact of towers under 400 ft., Winegrad said. Another study would evaluate whether sound and lighting systems could be activated to deter birds from towers during bad weather, he said.
FCC “has taken important step toward workable solution” for DBS and potential wireless cable operators that could increase competition without causing interference to satellite subscribers, Satellite Bcstg. & Communications Assn. Pres. Andy Wright said in response to Commission decision to open CARS spectrum bands to additional Multichannel Video Programming Distributors (CD May 17 p11). “Moving potential terrestrial wireless cable operators like Northpoint into the CARS band could permit new competition in MVPD marketplace while still protecting DBS consumers,” he said. Northpoint said there are 100,000 cable licensees operating in CARS band and it isn’t possible to operate system throughout entire U.S. “It’s just another effort by SBCA to delay competition,” said Vp Antoinette Bush.
Broadband tax-credit legislation by Sen. Rockefeller (D- W.Va.) could get attached to minimum wage bill (S-964) by Senate Health, Education & Labor Committee Chmn. Kennedy (D- Mass.), Kennedy’s Economic Policy Adviser Kevin Richards said. Speaking during Verizon-led broadband panel Fri. in Washington, Richards said Kennedy supports tax-credit approach to providing incentives for broadband deployment.
FCC ordered Comcast Cablevision of N.M. to carry signal of KPTF-TV within 60 days after station provides good quality signal to headend. Station’s owner, Prime Time Christian Bcstg., filed complaint, saying it was within designated market area of Comcast and would provide any necessary equipment to provide good quality signal. Comcast said signal wasn’t strong enough, but FCC noted that KPTF said it would bear all costs associated with delivering good signal.
Procedures used by FCC in handling common carrier complaints won’t necessarily work when agency considers complaints against broadcasters, according to NAB. Commenting on Commission rulemaking (Doc. 02-32) to establish “a streamlined process” patterned after telco procedures in resolving all informal complaints by consumers, NAB hit “one size fits all” proposal, pointing out most consumer complaints against TV-radio are related to programming. Being “contextual in character,” such complaints are very different from those filed against telcos and “necessitate careful Commission review,” according to Assn. NAB also objected to FCC’s use of terms “objectionable material” and “public apology” in proposal, saying they raise “deep First Amendment concerns.” Among less than dozen comments filed, National Assn. of State Utility Consumer Advocates (NASUCA) generally supported FCC’s proposal, saying it would “encourage regulated entities to respond promptly and effectively to consumer concerns.” In particular, NASUCA said, FCC should coordinate its informal complaint process with those used by state regulators to “quickly resolve and accurately monitor complaints.” Verizon complained FCC proposal could extend carrier’s liability for “an open-ended period that often lasts many months, or even years… There is no public interest justification for subjecting carriers unnecessarily to this type of exposure simply because of delays in disposing of informal complaints, as the Commission here proposes.” Verizon Wireless said there’s no reason to have more lenient rules for small groups (because of their limited resources) as proposed by FCC and statute of limitations on informal complaints should encompass maximum of 2 years. SBC Communications said Commission’s “cookie- cutter approach” of applying one rule to variety of different service providers raises concerns. Present, informal complaint rules work well for common carriers, SBC said. On other hand, Tex. Office of Public Utility Counsel (OPC) said proposed changes to rules will benefit consumers by “centralizing and thereby simplifying” complaint process. Changes also would “promote predictability… and lead to greater operating efficiency,” OPC said, saying it “strongly urges” FCC to work with state and local govts. in processing complaints.
FCC seeks comment on application of Americatel and Telecom Italia to modify regulatory classification from dominant to nondominant on U.S.-Argentina route. Petitioners asked Commission to remove Telecom Argentina from its list of foreign carriers that were presumed to possess market power in foreign telecom markets. Comments are due June 17, replies July 3.
NPR survey of stations estimated cost of digital conversion of FM station at $107,000 each. Giving details of Early Adopter Station Enhancement (EASE) survey at Public Radio Conference forum in Washington Thurs., NPR Chief Technology Officer Don Lockett said cost estimate was based on reporting of 135 stations. With 9 AM stations reporting, their average cost was $110,000, he said. Lockett said in- band, on-channel (IBOC) technology developer iBiquity had agreed to flat license fee of less than $4,000 per station for noncommercial and educational broadcasters. In addition to license fee, stations will have to pay iBiquity 3% rebate from revenue generated on data capacity. FCC, which had started notice of proposed rulemaking (NPRM) on standard for digital audio broadcasting, has accumulated “mountain of data,” said Keith Larson, FCC Media Bureau chief engineer. When asked by member of audience whether Commission could allow franchising of proprietary IBOC technology that would require stations to pay license fee, Larson said agency hadn’t yet picked application for DAB, so it couldn’t consider issues such as licenses and patent fees. In NPRM, Commission set forth 2 applications -- IBOC technology and out-of-band applications, he said. IBiquity Pres. Robert Struble said his company had invested $100 million in developing technology and expected costs to go up to $150 million. Licensing fee is needed to recover costs and to operate viable business, he said: “It is not gouging.” Defending decision to collect rebate on data revenue, Struble said idea initially was to sell software to stations, but broadcasters were reluctant to pay upfront for service whose value to listeners was uncertain, he said. That’s why “pay as you go” model was adopted, with stations at liberty to abandon datacasting if it wasn’t viable revenue source. Commercial launch of receivers is scheduled for CES show in Las Vegas in Jan., Struble said. First receivers aren’t expected to have capacity for secondary audio, he said. Receivers with that capacity aren’t expected to hit market until late 2003. Asked if there were potential for FCC mandate on digital audio, Larson said there was fundamental difference between DTV and IBOC application in that new and additional spectrum had been allocated for TV, unlike radio.
FCC denied EchoStar extension of time to launch DBS service at 175 degrees W. orbit location. Permits for 175 W. were issued in 1989 and no progress has been made toward implementation of service, and authorizations to operate 22 channels were cancelled, Commission said, and spectrum will be reassigned. EchoStar had requested extension of operation milestones until Dec., but were required to start DBS operations by Aug. 15, 1999, and Nov. 30, 1998. In 1993, Commission determined EchoStar met first due diligence requirement and assigned company 22 channels 175 W. Original deadline to begin operations was Aug. 1995. EchoStar can appeal decision. It’s one of first times major DBS company has been denied “routine extension,” industry source said: “I don’t know what you could write into it, but it could portend bad things to come” for EchoStar. Industry lawyer said decision shows Commission “is tightening up” on milestones.
Good and bad news looms for grassroots 802.11 wireless LAN networks, Tim Pozar of Bay Area Wireless Users Group told O'Reilly Emerging Technology conference in Santa Clara Thurs. He said IEEE is working on standards to reduce interference with other communications: 802.11h concerns spectrum management and transmitter power control; 802.15 involves Bluetooth-802.11 co-existence; and 802.16 covers protocols for metro area networks. But rollout of efficient, radio- frequency lighting will mean conflicting emissions from street corners, Pozar warned. He also noted Sirius Satellite Radio FCC application would require filters on 802.11b gear and curtail long-distance uses at low end of band. On interference issues, Pozar said 802.11 networkers should beware NTIA, which protects federal uses, Washington clout of amateurs’ American Radio Relay League, and possible action by 3G licensees. He added radio-frequency antennas are subject to FCC radiation regulation and “pseudo-science” scares.
CEOs of CompTel companies made rounds at FCC, Capitol Hill and administration offices Wed. and Thurs., making plea for retention of pro-competition regulation and countering initiatives on Hill and at FCC that could ease Bell company provision of broadband services. Referring to event as “The $4 billion tour” because CEOs represented firms worth $4 billion in investments, CompTel Pres. Russell Frisby told reporters Thurs. that group had single message: “Whether it’s Tauzin-Dingell, Breaux-Nickles or the FCC’s [wireline broadband] proceeding, they all are a step backward.” Members of group said they've run into people on Hill who are “surprised” by effect of some of these bills and proceedings. They've also run into staff and members who “don’t want to be involved,” said Frisby. “Some said ‘we've been told Breaux- Nickles is a non-event because it just kicks the issue back to the FCC,'” said Frisby. “We tell them that when you take it to the logical end, we'd have no facilities access” under Breaux-Nickles bill, he said. ITC DeltaCom Pres. Drew Walker said he also was struck by questions from FCC staff and commissioners about whether prices of unbundled network elements (UNEs) are too low. He said such questions reflect Bells’ frequent complaints about TELRIC [total element long- run incremental cost] pricing being below cost. “Our message is practically the same, whether we are talking to the Hill, the FCC or the administration -- the competitive environment is what generates innovation, not a single entity” such as a Bell, Walker said. “We've tried to make these folks aware that you really need high-charged, new entrants to build something,” he said. “Each one of these bills threatens to take away choice for consumers,” said Z-Tel Communications Pres. Robert Curtis. Group said they do support legislation sponsored by Senate Commerce Committee Chmn. Hollings (D- S.C.) as “best way to go.” Most Hill visits were to members of Senate, they said. Companies represented on CompTel Washington tour: Access Integrated Networks, El Paso Global Communications, Illuminet, IP Communications, ITC DeltaCom, Talk America, Z-Tel.