FCC hadn’t released Northpoint decision by our deadline Fri., as expected (CD April 19 p10), but spokeswoman said “staff is working long and hard” to complete public document. She refused to speculate on when it would be released.
FCC established pleading cycle for its rulemaking on regulatory classification of cable modem service. Deadline to file comments is June 17, replies July 16.
ALTS said it submitted Freedom of Information Act (FOIA) request to FCC Fri. to obtain documents showing SBC refused to submit sworn statements to Commission on at least 2 occasions before current dispute with agency’s Enforcement Bureau. FCC fined SBC $100,000 April 15 for refusing to file sworn statement (CD April 16 p5) and said in its order that there were 2 other investigations in which SBC also had refused to submit such statements. ALTS said FCC hadn’t released documents showing earlier SBC refusals so ALTS was seeking public disclosure. ALTS Pres. John Windhausen said SBC’s “defiance” was particularly “alarming” because “the FCC has not requested any new information [but] merely asked that SBC confirm the truth of filings it has already made.” CLEC- based Voices for Choices said it established “SBC Stonewall Watch” to keep track of other instances of companies’ refusing “to verify the truth of its filings.” Voices Co- Chmn. Charles Black said “there’s one inescapable question that emerges from SBC’s consistent refusal to confirm adequately the truthfulness of its filings: What is SBC hiding?”
FCC set June 18 deadline for comments on digital audio broadcasting (DAB) rulemaking (CD April 19 p8), with replies due July 18. Proceeding (DA 02-899) is to determine whether to allow AM operation of iBiquity’s in-band, on-channel DAB system.
If FCC were to prevail in its decision to classify cable modem service as information service, local govts. stand to lose not just franchise fees on modem revenue but on other video offerings as well, lawyers for cities warned at NATOA’s Litigation & Regulation seminar in Washington. That’s because FCC’s decision will create unregulated monopoly for high-speed access to Internet, attorney Nicholas Miller said. With freedom from regulations such as must-carry, program access and ownership limits, there’s nothing to stop cable from migrating video offerings to unregulated cable modem space, he said. Cable operators could opt for video streaming as opposed to current one-way line, he said, and in that event all franchise fees could disappear. Attorney Brenton Bleier said consolidation no longer would be concern for local franchising authorities, but “our hands will be full” in trying to prevent migration to Internet content from cable. There’s no final FCC ruling and no court ruling on classification, Miller said, and LFAs should act on franchise transfers and renewals in that context. Attorney Tilman Lay said cable modem classification mattered to LFAs because of money involved. LFA’s would take immediate hit of 10% in franchise fees, but amount would grow to billions of dollars as penetration increased, he said. After first siding with LFAs on cable definition of cable modem service, cable operators settled for information service classification because there would be no open access, franchise fee or customer service requirements, Lay said. Attorney James Baller said broadband deployment wasn’t as rapid as claimed because what was being touted as broadband wasn’t good enough for providing advanced telecom services. Small businesses haven’t benefited from cable broadband offering, he said, although residential customers have. For localities, it isn’t just issue of residential service but larger issue of economic development, he said. That’s why states (Va., Wis.) have begun to relax restrictions on municipal entry into telecom business, realizing localities have important role to play in deployment, Baller said. LFAs wanted broadband deployed in cities and are willing to work with private sector, including with Bells and other incumbents, he said. Sixty local govts. are offering broadband services now and 6 are providing fiber to homes and businesses, he said. Baller said that although bankruptcies and abandonment of systems by CLECs were threatening to cut into cities’ franchise fee revenue, situation also presented opportunity for localities. LFAs could bring “white knight” to table or pick up assets themselves and provide service, he said. Attorney John Pestle said federal law didn’t limit or give FCC authority to restrict city’s right to grant or deny approval of merger transfer applications, and key provision was that city could ensure that residents were no worse off than before transfer. Issues that could be addressed in transfer process, he said, are public, educational and govt. (PEG) access commitments of franchisee, protections against discounts on bundled service and EEO, he said.
FCC should refuse to grant license for Ch. 47, Columbia, S.C., to Roberts Bcstg. because company didn’t disclose attributable interest of Michael Roberts, who is dir. of Acme Communications, which is licensee of 10 full-power stations, according to petition to deny filed by Innovative TV. As result, it said, Roberts isn’t entitled to 25% discount. It also said there were undisclosed “difficult technical issues” involving station, so license should be re-auctioned.
EchoStar and Hughes Electronics want FCC authority to launch and operate EchoStar 1 satellite, Commission said Fri. Satellite will be at 110 degrees W and is contingent upon grant of applicants’ transfer of control contracts currently under review, Commission said. EchoStar 1 is spot beam satellite that will provide additional local broadcasts. Comments are due May 20, replies May 30, responses June 4.
PGTV’s business plan “is long on promises but short on details,” and company doesn’t even plan to hire its first full-time employee unless it wins 700 MHz auction, Spectrum Clearing Alliance said in ex parte FCC filing opposing PGTV’s bid to delay auction (CD April 16 p5). “The mere possibility that PGTV might participate in and win the auctions and then one day provide new services in the band cannot justify the substantial harm that any delay of the auctions would cause to the expeditious provision of much-needed spectrum for public safety agencies and new commercial wireless services,” Alliance said. Group also said PGTV shouldn’t expect FCC to shelve 2 years of auction planning to launch rulemaking on changing 700 MHz power limit: “PGTV should bid for the spectrum first and then, if successful, request the changes necessary to facilitate its proposed service.”
FCC filed appeal with U.S. Appeals Court, D.C., asking for rehearing or en banc rehearing of court’s decision in Fox TV Stations case involving biennial review of broadcast ownership rules. Commission said court’s finding that regulation should be retained only if it were necessary, “not merely consonant, with the public interest” would require higher standard to retain existing rule than to adopt it in first instance. That “imposes a substantial and continuing burden on the agency that threatens administrative paralysis,” Commission wrote in 34-page filing. However, it said court’s discussion of public interest wasn’t essential to its ultimate decision to remand TV rule and vacate cable ownership rules. Commission said it was apparent court would have reached same decision without “public interest” language, so FCC said it wasn’t seeking rehearing on either of those decisions. Instead, it’s asking court to reconsider only its decision on biennial review. Court had eliminated FCC rule that banned cross-ownership of TV station and cable system in same market. It also remanded to Commission rule that banned TV station owner from reaching more than 35% of TV households in country. In both instances, court determined FCC couldn’t justify its ownership caps and numbers it chose were arbitrary. Telecom Act requires FCC to review existing regulations every 2 years to determine whether they remain necessary. FCC Chmn. Powell said earlier that court’s decision could change burden of proof agency used in determining whether rules should be kept or eliminated in reviews (CD Feb 21 p1). Until now, agency has seen its burden as proving why it wants to eliminate particular regulation, he said. Court’s ruling could change that around and require FCC instead to prove why rules should be kept, he said.
NTIA is raising interference concerns over some parts of notice of proposed rulemaking (NPRM) issued by FCC in Oct. that would update sections of its Parts 2, 15 and 18 rules, including provisions that would modify emissions to limits on certain Part 15 devices above 2 GHz. In letter to Office of Engineering & Technology Chief Edmond Thomas, NTIA cited part of proposal that would increase allowable field strengths for radio frequency identification (RFID) rules. On RFID systems, proposal would harmonize U.S. rules with standards for such devices in Europe and Australia. NPRM sought comment on changes in power levels for RFID tags operating at 425-435 MHz, which NTIA said was within 420-450 MHz allocated on primary basis to federal govt. Military systems operating in that spectrum include radiolocation operations for aircraft and missile surveillance, early warning and fire control, said letter from Fredrick Wentland, acting associate administrator of NTIA’s Office of Spectrum Management. “The radiolocation radars in this band include ground, shipborne and airborne radars that are essential to the nation’s homeland defense,” Wentland wrote. NASA also uses band for telemetry and telecommand, he said. Citing preliminary NTIA analysis, he said power level changes in parameters for RFID tags “could result in interference to federal systems” and NTIA and federal agencies “cannot support the proposed rule changes.” In next 90 days, NTIA and agencies will complete studies and provide them to Commission. In NPRM, FCC said it agreed with Savi Technologies that proposed Part 15 changes would allow more advanced systems to operate at 433 MHz. In other areas: (1) NTIA objected to 11 dB increase in field strength limits for RFID tags in 13.11-13.41 MHz. It said 13.26-13.36 MHz was allocated to aeronautical mobile services, which are designated for safety-of-life communications. FAA uses that spectrum for communications in oceanic and remote areas. “The increase in field strength by 11 dB could severely reduce the distance that an aircraft can successfully communicate with a ground flight tracking system,” NTIA said. NTIA recommended use of another part of high frequency band that wouldn’t require increase in Part 15 emission limits in frequency band allocated for Aeronautical Mobile Services. NTIA said it needed 90 more days to complete studies in that area. (2) NTIA said it and other federal agencies also needed another 90 days to complete studies on protection of sensitive services and to identify continuing R&D projects above 38.6 GHz. FCC sought comment on need for changes in restricted bands above 38.6 GHz and whether there were Part 15 rules designed to protect sensitive service such as govt. operations that should be modified. Among govt. services operating in that spectrum are 13 bands used by NASA for space research and Earth exploration satellite service sensors for missions such as weather forecasting and global warming measurements, NTIA said.