Northpoint-DBS debate continued Mon. with Satellite Bcstg. & Communications Assn. (SBCA) ex parte filing at FCC again claiming terrestrial startup wasn’t entitled to free publicly owned spectrum or pioneer’s preference. Northpoint had argued in earlier filing that SBCA was hypocritical because its members obtained legislation from Congress exempting them from auction. Industry sources continued to predict final Commission decision is weeks away. “A decision isn’t imminent,” source said: “We haven’t heard anything. They seem to be plodding through a proceeding. A lot of people are still on pins and needles.”
Bipartisan group of House members is considering legislative remedy to hasten transition to digital TV conversion, House Commerce Committee Chmn. Tauzin (R-La.) said Mon. in keynote at NAB State Leadership Conference in Washington. He said committee was planning one more hearing to assess whether progress had been made in private sector negotiations among broadcasters, cable operators and consumer electronics manufacturers to develop best approach to broadly deliver DTV across America. If progress hasn’t been made on private sector solution on stalled issues such as cable carriage of DTV and provision of digital tuners by electronics manufacturers, “Democrats and Republicans will come to the table and offer legislation to speed up the proceedings,” Tauzin said.
FCC imposed $84,000 fine on SBC for violations of Commission’s colocation rules. Agency reduced fine from $94,500 imposed by FCC Enforcement Bureau in May after SBC sought review. Violations stemmed from rule that requires ILECs to post notices on Web sites of central offices where they have run out of colocation space. Lower fine reflects 24 central offices that weren’t listed, down from original 27 cited in May.
FCC said March 11 is deadline to comment on modifications to average schedule formulas filed by National Exchange Carrier Assn. for year starting July 1. These formulas are used to determine interstate access levels for small, rural telcos, known as “average schedule” companies. March 22 is deadline for reply comments -- Douglas Slotten, 202-418-1572.
Arthur Scheiner, 84, retired Washington communications lawyer, died Feb. 20 of cancer at Casey House Hospice, Rockville, Md. Graduate of Columbia U. Law School, he was in Army during World War II, after which he joined FCC, becoming chief of then-Rules & Standards Div. “Arthur really had a major impact on the Commission in the policy field,” said former FCC Gen. Counsel Henry Geller. Scheiner was primarily responsible for most of FCC’s ownership rules adopted in 1950s and for Sixth Report & Order, which established TV table of allocations. In 1959, Scheiner was co-founder of law firm Wilner, Scheiner & Greeley (later Wilner & Scheiner) and spent short period with Holland & Knight before retiring in 1990. Among Scheiner’s long-term clients were MPAA and Warren Communications News. Wife, 2 sons survive.
More House members asked FCC Chmn. Powell to provide wireless carriers with relief on upcoming local number portability (LNP) deadline. Letter sent Fri. by Rep. Stearns (R-Fla.), chmn. of Commerce Subcommittee on Commerce, Trade & Consumer Protection, told Powell that Nov. 24 wireless LNP mandate shouldn’t be imposed until thousand-block number pooling had been deployed successfully. Carriers now face Nov. 24 deadline for both wireless LNP and number pooling. Verizon Wireless has petitioned FCC for forbearance on LNP deadline, saying it would sap resources from other regulatory initiatives such as E911. State PUCs have urged Commission to hold fast to deadline, while larger carriers generally have sided with Verizon Wireless on relief from date. Letter to Powell also was signed by Reps. Bilirakis (R-Fla.), Gillmor (R-O.), Burr (R-N.C.), Cox (R-Cal.), Fossella (R- N.Y.), Cubin (R-Wyo.), Wynn (D-Md.), DeGette (D-Colo.), Doyle (D-Pa.). Earlier this month, House Commerce Committee Chmn. Tauzin (R-La.), ranking committee Democrat Dingell (D-Mich.) and 30 other panel members raised similar arguments in letter to Powell (CD Feb 21 p7). Latest letter said it wasn’t “prudent” for FCC to require wireless carriers to implement LNP at same time as pooling. Under pooling schedule, letter said, carriers will have to flash-cut thousands-block pooling in about 150 area codes Nov. 24 and in 21 more area codes every 3 months after that. “A requirement that pooling and local number portability be deployed simultaneously raises significant network reliability and integrity issues,” letter said.
Verizon Wireless reiterated late Fri. to U.S. Appeals Court, D.C., why court should compel “full compliance” with its NextWave ruling so carrier could recoup $3.1 billion in down payments from PCS re-auction. Verizon disputed FCC’s argument to court last week (CD Feb 25 p8) that opposed request by carrier that court clarify that Jan. 2001 re- auction of NextWave licenses was unlawful. Agency has contended that Verizon Wireless had acted consistently to preserve auction results, for example by signing settlement agreement that expired Dec. 31 when congressional approval wasn’t obtained. FCC told court Verizon shouldn’t now be allowed to change course and that deposit refund issue would be resolved soon. “The FCC cannot decide for itself when and to what degree to comply with this court’s mandate,” Verizon said in reply to FCC’s response: “This court’s judgment is the law and the Commission may not disregard it.” Verizon said FCC had told court that public notices about auction stipulated that licensing decisions would be contingent on outcome of pending litigation. Verizon disputed extent to which that “could trump the effect of the mandate” of D.C. Circuit decision in NextWave that returned wireless licenses to bankrupt carrier. “The only risk the notices assigned to the winning bidders was that they might have to surrender the licenses if NextWave prevailed in this court, not the risk that the government would hold billions of dollars of their money without paying interest until every avenue available in litigation had been exhausted,” Verizon said. FCC has petitioned U.S. Supreme Court to review D.C. Circuit’s decision in NextWave. “The Commission’s suggestion that Verizon Wireless comes to this court with ‘unclean hands’ because last year it assisted the Commission’s efforts to obtain legislation to effect an Auction No. 35-mirroring settlement is incorrect (and ungrateful),” Verizon said. “The settlement terminated by its own terms on December 31, 2001.”
Capitol Hill was awash with lobbyists Mon. as supporters and opponents of data deregulation Tauzin-Dingell (HR-1542) bill prepared for House floor debate beginning Wed. Along with visits to House members and staff, advocacy groups flooded Hill with letters and released still more reports arguing why bill would either boost competition in broadband or cripple it. Despite flurry of lobbying, most observers viewed bill’s passage in House as foregone conclusion, in part because wavering members felt safe in voting for it knowing that Senate Commerce Committee Chmn. Hollings (D- S.C.) had no intention of letting it advance in Senate. At NAB conference Mon., bill’s chief sponsor, House Commerce Committee Chmn. Tauzin (R-La.), predicted victory in House, “then a fight in the Senate, as you know” (see separate story).
Advisers to House Commerce Committee Chmn. Tauzin (R- La.) and ranking minority member Dingell (D-Mich.) held closed meeting Fri. to discuss strategies for fending off opponents of their data deregulation bill (HR-1542). Industry insider said 2 staffs were working with Reps. Towns (D-N.Y.) and Buyer (R-Ind.) to craft Bell-friendly line- sharing amendment to bill. Measure is seen by Tauzin-Dingell opponents as “procedural and tactical move” by Tauzin to subvert attempts by CLEC supporters to amend bill. Towns and Buyer said amendment would strike right balance between encouraging broadband network investment and guaranteeing CLEC access to Bell facilities.
Litigation Recovery Trust (LRT) asked FCC to reverse ruling on Comsat sale to Telenor. Telenor is 78% owned by Kingdom of Norway, and ruling marks first time in Commission history it has allowed foreign govt. to control U.S. communications license, LRT said. LRT asked FCC International Bureau to subpoena Lockheed-Telenor purchase contract. LRT Trustee William Hallenbeck said: “There is ample evidence that terrorist organizations have used mobile satellite facilities accessing the type of circuits covered by the Comsat licenses, and it’s important that U.S. law enforcement authorities continue to have immediate and direct access to these facilities. We are shocked that the FCC took nearly 8 months to approve the sale of the Comsat mobile satellite division and never reviewed the sales contract.”