GSM-based pilot wireless priority access service (PAS) program will be implemented in N.Y. and Washington in May, National Communications System (NCS) Deputy Mgr. Brent Greene told James Quello Communication Policy & Law Symposium Tues. VoiceStream has partial waiver request pending before FCC and company told Commission last month it was in “final negotiations with NCS” to roll out PAS system in those 2 markets. Greene said NCS was close to finalizing competition for initial PAS capability that would have national reach by year-end, with “full operational capability” in 2003. NCS is looking at ways to broaden “and radiate out our systems to provide other kinds of networks that can be ready in the event that we have other kinds of emergencies.” Several panelists said new challenges faced policymakers involving balancing competition and consumer interests against national security concerns. On broader issue of broadband access, NTIA Dir. Nancy Victory said theme she had seen emerge among all providers was that accessing public rights of way and tower sites might be holding back network construction.
Correction: Charles Kelley is chief of FCC Enforcement Bureau Investigation & Hearings Div. (CD March 26 p6).
Barbara Cherry, ex-Quello Center and Ameritech, named deputy chief, FCC Office of Plans & Policy… Stan Sands, ex- Scientific-Atlanta, moves to NDS as vp-corp. sales… Hallmark Channel promoted Elizabeth Hillman to exec. dir.- communications & publicity… Cathy Weeden, ex-Fox Sports, returns to Sunshine Network as vp-gen. mgr.
Ground-penetrating radar (GPR) manufacturers and service providers are raising concerns about FCC’s recently approved ultra-wideband (UWB) order, contending power limits in pending rules could eliminate many GPR uses. Final text of UWB order, adopted at Feb. 14 meeting, hasn’t been released. Order paves way for imaging systems, vehicular radar systems and communications and measurement technologies that use UWB to be deployed under certain power limits and in particular bands. Imaging systems covered include GPR, which must limit intentional emissions to below 960 MHz or between 3.1 and 10.6 GHz. FCC summary of order said GPR operation was to be restricted to law enforcement, fire and rescue organizations, scientific research institutions, commercial mining and construction companies. Letter circulated in GPR industry last week by Arlington, Mass.-based Infrasense Pres. Kenneth Maser and Waltham, Mass.-based Radar Solutions International Pres. Doria Kutrubes contended FCC rules would “severely limit and in many cases eliminate the use of ground penetrating radar.” Reflecting concerns of Mass. companies that use GPR technology, Senate Small Business Committee Chmn. Kerry (D-Mass.) also has written to FCC Chmn. Powell, lauding FCC’s intention to revisit UWB restrictions in next 6-12 months. But Kerry said he was “afraid that the immediate impact on these small business will be severe.”
With ink barely dry on FCC’s ruling that Internet service delivered over cable was “information service,” coalition of consumer groups filed suit challenging agency’s decision. Media Access Project (MAP), representing Consumer Federation of America, Consumers Union and Center for Digital Democracy, didn’t reveal substance of its arguments in one- page filing to U.S. Appeals Court, D.C., saying only that ruling was “arbitrary, capricious, an abuse of discretion, contrary to statutory authority, and otherwise not in accordance with law.” MAP Pres. Andrew Schwartzman said FCC’s ruling violated public’s First Amendment rights to engage in uncensored “social, artistic and political discourse, as well as to receive information.” Specifically, groups objected to FCC’s determination, saying it freed cable operators delivering Internet services from any “open access” requirements, which would give subscribers choice among multiple ISPs. Schwartzman said FCC should have called product telecom service, which would have made it subject to common carrier regulation. Common carriers providing DSL must offer multiple ISPs under current govt. rules.
FCC granted varying degrees of pricing flexibility to Verizon for 3 types of services -- special access, transport and channel termination to end users -- in several areas. Verizon sought different levels of flexibility depending on type of service and geographic area. For example, it asked for phase one relief for dedicated transport and special access in 6 areas of country. It sought more-complete phase 2 relief for transport and special access in 16 areas. For channel termination service, it sought phase one relief for in 15 areas and phase 2 flexibility in 12. Amount of flexibility depends upon competitive conditions. FCC said in March 22 order that despite opposition from AT&T, WorldCom and others, “we conclude that Verizon has satisfied its burden of demonstrating that it has met the applicable triggers for each of the various services and [metropolitan statistical areas] for which it requests relief.”
FCC plans pre-auction seminar April 10 for cellular rural service areas auction that’s to start May 29. Seminar will be at FCC hq at 9:30 a.m. and registration deadline is April 8 -- (888) 225-5322 or (717) 338-2888.
Victoria’s Secret ABC TV special Nov. 15 wasn’t indecent, FCC Enforcement Bureau said in letters responding to about 20 formal complaints. “You have not demonstrated that the sexual aspects of the material was, in context, so graphic or explicit as to be patently offensive,” Bureau Chief Charles Kelley said. Kelley said FCC “must take account of” First Amendment and “while we understand that you are offended by the programming described, it does not appear that we have any basis for action at this time.” Kelley said “one of the most effective means to affect programming is to contact the station management to express your opinion.”
FCC extended reply deadline to April 22, from April 1, in ILEC broadband proceeding (CC Doc. 01-337). “Dominant- nondominant” proceeding is investigating whether ILECs should continue to be regulated as dominant carriers or whether such regulations can be eased for some services and market areas. CompTel asked for extension of reply deadline so it would have time to evaluate economic analyses submitted by some parties in initial comment period.
State regulators nationwide have swung overwhelmingly to price-based regulation for retail services of their largest incumbents, with only 7 states having their dominant incumbents under rate-of-return regulation. For smaller incumbents, states are about evenly split on whether these companies operate under rate-of-return or an alternate price- based form of regulation. For CLECs, all states require some form of certification or registration and all but 4 require filing of CLEC tariffs or price lists, but states are fairly evenly split on whether to monitor CLEC rate changes. These were principal findings of 50-state survey by Communications Daily on how states regulate retail rates of their local exchange providers. (Editor’s Note: Print subscribers who didn’t receive detailed White Paper can receive e-mail copy by contacting Betty Alvine at 800-771-9202 ext. 201, or balvine@warren-news.com).