FCC Wireless Bureau reinstated wireless applications filed by Cingular affiliate Pacific Bell Wireless (PBW), granting reconsideration petition filed by Cingular in Sept. When PBW filed license renewal applications for stations in Jan. 2001 it didn’t include “substantial service showings” and FCC’s Public Safety & Private Wireless Div. then dismissed them. Renewal applications were for stations in Las Vegas, Monterey, San Diego. Cingular petitioned for reconsideration, providing data to show that carrier provided substantial service in each of 3 areas. Div. order said PBW had filed “defective” applications because they didn’t include required service information. But it said subsequent dismissal of applications wasn’t appropriate because PBW wasn’t given chance to correct applications under so-called unified policy. Under that policy, bureau concluded it would return rather than dismiss defective notifications of construction and license renewal applications.
FCC Mass Media Bureau denied application by Paxson to move its LPTV station in Amityville, N.Y., to Ch. 19, granting petition by local police saying new channel assignment would interfere with public safety communications. Station, WPXU-LP, was displaced from Ch. 38 by DTV allocation of WWOR-TV Secaucus.
White House cybersecurity adviser urged telecom and Internet executives Fri. to move quickly to identify network vulnerabilities and fix them before terrorists attacked again. Speaking at first meeting of revamped Network Reliability & Interoperability Council (NRIC), Richard Clarke, cybersecurity adviser to President Bush, urged infrastructure industry not to put off vulnerability fixes because of concerns about cost. “Come up with the vulnerabilities and the cost of fixes and then talk to us about it,” Clarke said. Some costs might be considered eligible for federal reimbursement, he said. “There are severe vulnerabilities in the Internet,” he warned: “Don’t wait for the threat. Don’t say you can’t afford it. Let’s talk.” Stressing value of communications infrastructure to economy, Clarke urged executives to remember “we have enemies, our enemies are smart, they understand our technology and can use it against us.”
FCC isn’t unreasonable in refusing exemption for Comsat to pay regulatory costs through its signatory activities, U.S. Appeals Court, D.C., said Fri. in upholding lower court ruling. Comsat had asked court to overturn FCC decision Jan. 14 that required it to pay regulatory fees because of its status as foreign signatory. Court totally rejected argument.
Rep. Boucher (D-Va.), member of House Telecom Subcommittee, called on FCC to make public latest license agreement that CableLabs requires manufacturers to sign before they can bring to market navigation devices that connect to cable systems. Boucher, in letter to FCC Chmn. Powell dated March 21, said issue was key to spurring DTV transition and to determining what was “fair use” for consumers and what content was copyright-protected material. Boucher said CableLabs had imposed requirement that only companies willing to sign nondisclosure agreement could review terms of license to manufacture products in question. He already had asked Commission to publish CableLabs’ “POD- Host Interface License Agreement” (PHILA), but Commission declined to do so, saying that as general matter, content protections were allowed in those devices. In previous response to Boucher, Commission said it hadn’t received any complaints that PHILA license violated Commission rules. But lawmaker said one condition of nondisclosure agreement was that person or entity signing it could not publicly disclose or discuss its contents, including any disclosure that would accompany petition to FCC. “The industry is being told its only remedy is to complain publicly while still keeping the offered terms secret,” Boucher wrote: “Given this effective gag order, it should come as no surprise that the Commission has not received any petitions.”
NPR and Va. Center for Public Press (VCPP) continued to call for more spectrum and more testing, respectively, for in-band, on-channel (IBOC) digital audio broadcasting (DAB) technology in latest round of FCC comments on DAB, but other broadcasters and others said concerns were unfounded.
Northpoint “has the money,” to launch satellites and its latest filing at FCC (CD March 22 p3) wasn’t ruse to push licensing process further without auction as some rivals have suggested privately, CEO Sophia Collier said Fri. FCC doesn’t use financial considerations in licensing applicants, Northpoint filing said, just milestones. Under Commission rules, Northpoint is under no obligation to disclose financial agreements before license is approved, filing said. It believes new business model puts it in better position to compete against EchoStar and DirecTV. Ironically, latest Northpoint decision may help EchoStar acquisition of DirecTV because revamped business model could give Hill leaders viable competitor they're seeking to preserve competition, particularly in rural areas, industry officials said. Northpoint also said in application that, as company providing global service, it was exempt from spectrum auction. Industry source disagreed: “They are still a terrestrial company trying to use satellite spectrum.”
Telecom industry remained confused and curious about FTC proposal to regulate common carriers (CD March 18 p1) because legislative proposals didn’t appear imminent. FTC Chmn. Timothy Muris told Consumer Federation of America (CFA) March 15 that FTC was hampered by common carrier exemption that prevented it from examining any issues relating to common carriers. FTC officials told us common carrier exemption was problem for agency in several enforcement and policy areas. In fact, exemption could cause problems for agency as it worked to develop nationwide “Do Not Call Registry” (DNCR), FTC sources told us, because it might not be able to address telemarketing for common carriers.
Northpoint filed FCC application late Wed. to construct 2 DBS satellites and operate as satellite-terrestrial system that would make it “stronger competitor” to merged EchoStar- DirecTV DBS companies, CEO Sophia Collier said Thurs. “With a terrestrial system, we were a good competitor,” but with merged DBS companies it would be “hard for us to compete.” Despite industry speculation that Northpoint decided to integrate system because of concerns about auction, Collier said it wasn’t “a legal reason, but a business reason” that caused Northpoint to alter its business model. She said major system upgrade would allow Northpoint to increase capacity significantly, provide faster broadband service and incorporate modular set-top box architecture that would allow outside developers to offer new services once FCC approved license. Northpoint made public no details about satellites or financing, but said it would be financed by affiliates and founders.
EchoStar acquisition of DirecTV would strengthen competition in pay-TV market dominated by cable, American Homeowners Grassroots Alliance said in letters to FCC and U.S. Attorney Gen. John Ashcroft.