FCC ordered $22,000 fine against KTRY(FM) Bastrop, La., for failing to install Emergency Alert System equipment, failure to maintain public file, failure to respond to Commission correspondence. Decision confirms fine proposed by Enforcement Bureau in Nov.
SES Americom filed FCC petition for license to launch new satellite service for TV broadcasters and consumers in U.S. Americom2Home would allow programmers or content providers to deliver broadband services directly to public through small satellite dishes and other equipment in which 2-way digital technologies had been incorporated. At time when DBS market is consolidating, new SES service could provided much-needed competition for EchoStar and DirecTV, Pres. Dean Olmstead said. “We plan to create a best-in-class DBS satellite platform,” he said. SES has received “favorable reaction” from some big players in market that could provide content, Olmstead said. He said he planned preliminary talks on interference issues and outline plans for service with EchoStar Chmn. Charles Ergen and DirecTV Chmn. Eddy Hartenstein at Carmel Group Satellite Conference in Monterey, Cal. (see separate story, this issue).
MONTEREY, Cal. -- EchoStar CEO Charlie Ergen said proliferation of new satellite TV offerings, including one announced Thurs. by SES Americom (see separate story), demonstrates his proposed takeover of DirecTV isn’t monopolistic. “We're not in a market that’s going from 3 [providers, including cable] to 2,” Ergen told Satellite Entertainment conference. “We're going from 3 to 4, or 3 to 5 or 3 to 6.”
Council Tree Communications urged FCC to not “play chicken” with Congress on 700 MHz auction deadline, arguing against even short delay to allow time for Congress to weigh in. House Commerce Committee Chmn. Tauzin (R-La.) unveiled legislation with 53 co-sponsors Wed. that would indefinitely postpone auction by stripping away existing statutory deadlines. Auctions of both upper and lower bands of 700 MHz are set for June 19. FCC Wireless Bureau earlier this month kept that date intact, rejecting request for delay by CTIA, which filed petition for review of that decision Wed. FCC faces statutory deadline of Sept. 30, 2002, for depositing proceeds from Ch. 52-59 auction in U.S. Treasury. “Though some in Congress have long indicated an interest in postponing the start of these important auction events, no legislation has been enacted to modify the statutory mandate in the 5 years since it was instituted, suggesting that there has not been material interest in departing from the clearly established schedule,” Council Tree wrote to FCC Chmn. Powell Thurs. “The Commission should not ‘play chicken’ with the longstanding statutory deadline based on speculation that Congress will now act differently.” If FCC doesn’t begin lower 700 MHz auction on June 19, agency “clearly” wouldn’t be able to meet existing statutory deadline. Council Tree is prospective small business bidder that was part of investor consortium that included AT&T Wireless in Alaska Native Wireless, which won re-auctioned NextWave licenses. Lower band auction is for 758 licenses, whose “sheer number” would make it hard to predict how long it would last, making delay that would meet Sept. 30 deadline uncertain, Council Tree said. “The Commission should not create the circumstance in which this important auction would be ‘off’ one day and ‘on again’ the next,” company said.
FCC found subsidiaries of Charter, Falcon Cablevision of L.A. and Charter VI of St. Louis, to be apparently liable for forfeitures totaling $24,000. Commission cited them for willful violation of rules on cable TV signal leakage May 9- Oct. 13, 2001. “The apparent inability of Charter’s subsidiaries to comply with these rules on a consistent basis causes a significant concern that Charter is not exercising adequate oversight. Future violations may lead to significantly stronger enforcement action,” FCC said. FCC field engineers found problems in systems in Colo., Ga., Mo., Miss. In separate and unrelated action, FCC found subsidiaries of Charter to be liable for forfeitures totaling $10,000 for repeated and willful violations of Commission rules on antenna structure construction, marking and lighting. FCC field agents found that Charter subsidiaries, Bresnan Telecom Group of White Plains, N.Y.; Interlink Communications Partners, and Rifkin Acquisition Partners, both of St. Louis, were in violation of rules. FCC found problems in systems in Minn. and N.M.
Justice Dept. recommended FCC approve Verizon’s application to provide long distance service in Me., concluding it had succeeded in opening local markets to competition. “Competitors have made progress in penetrating the business market in Maine, and the department believes there are no material obstacles to residential competition in Maine created by Verizon,” said Charles James, asst. attorney gen.-Antitrust Div. Thurs. marked deadline for DoJ to provide analysis to FCC of Verizon’s Sec. 271 application for Me. Verizon filed application with Commission March 21. DoJ evaluation said Verizon data showed CLECs using all modes of entry serve 50,600 lines -- 6.7% -- of all of Verizon’s service area in state. Justice said CLECs served 19.5% of all business lines in Verizon’s Me. service area and less than 1% of all residential lines. Analysis cited “few complaints” on Verizon’s OSS system for Me. “The amount of entry by competitive facilities-based carriers and resellers serving business customers in Maine and the absence of complaints regarding Verizon’s fulfillment of its obligations to open its markets to these modes of entry, lead the Department to conclude that opportunities to serve business customers via the facilities-based and resale modes of entry are available there,” evaluation said. Low levels of CLEC penetration in residential markets and lack of entry by means of CLEC’s own facilities and via unbundled network element (UNE) platform “may reflect the higher UNE pricing that was in effect for most of the period preceding this application.” Me. PUC issued orders that cut certain UNE rates within months of Verizon’s filing Sec. 271 application, DoJ said. Filing at FCC said record showed Verizon had opened local markets in Me. to competition “in most respects.”
Qwest said it would propose to Ida. PUC an interim means of meeting PUC’s Sec. 271-related cost-basing requirement for Qwest unbundled network element (UNE) rates. PUC recently ruled that while Qwest appeared to meet most Sec. 271 “Track A” requirements for interLATA long distance entry, agency couldn’t find its entry in public interest because its UNE rates didn’t comply with FCC’s total element long run incremental cost (TELRIC) standard. Qwest said it would propose that Ida. use FCC benchmarking formula pegged to TELRIC-based Colo. UNE rate to derive cost-based interim Ida. UNE rates. Qwest said its proposal, if accepted, would reduce Ida. unbundled loop rates, provide immediate benefits to CLECs, answer PUC’s cost-basis objection. Interim rates would remain in effect in Ida. until PUC adopted Ida.- specific permanent UNE rates. If state PUC accepted proposal, Qwest said it could be filing at FCC by mid-June.
FCC report said 87.6% of low-income households had telephones, compared with 94.5% of all households, as of March 2001. It said FCC’s Linkup and Lifeline programs had positive impact on penetration rates, with more improvement in states that took steps to qualify for those federal programs. Report said there was average 2.4% gain in penetration rates among low-income households 1997-2001, compared with no improvement in states that didn’t take advantage of federal programs. Penetration rates among low- income households ranged from high of 97.6% in Me. to 77.5% in Kan., report said.
Senate Commerce Committee ranking Republican McCain (Ariz.) is about to draft broadband bill that would deregulate incumbent local exchange carriers (ILECs) on DSL regulations, but only where it involved residential service, we're told. Hill source familiar with situation told us senator and his staff were “working very diligently” on possible legislation, motivated in part by fact that Sen. Breaux (D-La.) may be introducing broadband legislation as soon as this week.
FCC Wireless Bureau is seeking comment on AirCell’s petition for extension of waiver. AirCell operates system using cellular telephone equipment designed to provide service on aircraft without causing harmful interference to terrestrial cellular systems. Bureau originally issued waiver in Dec. 1998 permitting operation on 6 analog channel pairs at any given ground station for 2-year period. AirCell asked Commission to extend waiver indefinitely and to allow it to increase operation on up to 19 channel pairs. It said waiver would allow it to provide more services including real-time weather and air-traffic data, emergency communications, cockpit and cabin monitoring and passenger communications. Comments are due May 15, replies May 28.