FCC extended comment deadline for its review of mass media EEO rules by 30 days at request of Minority Media & Telecom Council. As usual, extension was slightly shorter than requested -- to April 15 for comments, May 15 for replies (MM 98-204).
Justice Dept. confirmed Fri. that it was decision-making body on proposed Comcast acquisition of AT&T Broadband. Both companies said they had received requests from Justice’s Antitrust Div. for more information and were cooperating. Decision to leave merger in hands of Justice, rather than FTC, had consumer groups up in arms, and analysts concluded deal was more likely to be approved. Consumer groups agreed, but for different reasons. Center for Digital Democracy said it had “grave concerns that the Department of Justice may not engage in the same careful analysis of the cable industry’s market power as the FTC did in reviewing last year’s merger of AOL and Time Warner.” Specifically, while FTC was willing to place “open access” conditions on AOL-TW, Justice is seen as far less likely to do that on AT&T Broadband-Comcast, $72 billion deal that would leave merged company with 22 million subscribers nationwide.
Saying ultra-wideband (UWB) has potential “to revolutionize the consumer electronics industry,” Va. state agency Center for Innovative Technology (CIT) will host seminar on subject March 6 at its hq in Herndon. “This breakthrough technology [which hasn’t yet been authorized by FCC] has the potential to dramatically change the way we access the Internet,” said CIT. Session includes presentation on regulation by Bruce Franca, deputy chief of FCC Office of Engineering & Technology -- www.cit.org/uwb.asp.
FCC late Fri. approved Verizon’s Sec. 271 application to provide long distance service to customers in R.I., saying its entry “promises substantial benefits for the states’ consumers in the form of enhanced competition in both the local and long distance markets.” Agency said competing carriers served 119,000 lines in R.I., 16% of total of access lines in state. Although vote was recorded as unanimous, Comrs. Copps and Martin concurred in part and issued statements. Action reflected last-min. change by Verizon in rates it charged CLECs for use of unbundled switches. Company had asked FCC Feb. 14 to take lower rates into consideration when it voted on R.I. application and agency decided to do so. R.I. is 10th state that FCC has approved for long distance entry by Bell companies and 5th in Verizon territory. Verizon said it will unveil simple, “surprise- free” calling plans in R.I. starting March 7. Both Copps and Martin questioned FCC’s decision to let Verizon amend its application.
FCC last week told U.S. Appeals Court, D.C., that it opposed request by Verizon Wireless to compel “full compliance” with same court’s ruling that had overturned results of re-auction of NextWave licenses. In effort to compel Commission to refund $3.1 billion in down payments from auction, Verizon Wireless earlier this month had asked court to clarify that re-auction was unlawful. In filing opposing that request, FCC said: “Verizon has acted consistently to preserve the auction and it should not now be allowed to reverse course.” Commission said it was “committed to resolving promptly” Verizon’s refund request and court didn’t have to intervene. Court’s original NextWave decision didn’t compel relief that Verizon Wireless seeks, Commission argued. “In reality, Verizon wants not enforcement of the mandate but an ordinary writ of mandamus,” FCC told D.C. Circuit. “The standard for such relief is high -- clear entitlement -- and Verizon has not met it.” Commission noted that it had warned Verizon “well before” re- auction of NextWave’s PCS licenses that there was potential for litigation-related delays in licensing and agency’s “intention to retain auction deposits until all of the proceedings were final, which they are not.” FCC has petitioned U.S. Supreme Court to review D.C. Circuit’s decision. “Verizon entered the auction with open eyes and was willing to face that risk (and presumably made bids reflecting that very risk factor),” FCC said: “It should not now be excused because the gamble did not pay off as expected.” Commission said it had Verizon’s refund request under “active consideration.” As soon as “practicable,” it said it planned to take whatever steps were reasonable to protect its interests and those of re-auction participants. Also, if Supreme Court doesn’t grant certiorari in NextWave case, “the deposits will be returned as soon as possible,” agency said.
Before it entered bankruptcy earlier this year, Global Crossing had spent $10 million over last 3 years in campaign contributions and direct lobbying Congress, FCC and FTC, according to public disclosure records. In 6-month period in 1999, for example, Global Crossing paid former Asst. Attorney Gen. Anne Bingaman -- wife of Senate Energy Committee Chmn. Bingaman (D-N.M.) -- $2.52 million in successful lobbying campaign against U.S.-Japan cable proposed by AT&T, WorldCom and Sprint. When it began its Washington spending binge in 1999 it was focused on traditional telecom issues such as implementation of 1996 Telecom Act, although company’s interest in broadband led it into Internet-related topics as well.
FCC issued warning Thurs. on displays by vendors to demonstrate cellphone accessory that includes flashing light on tip of antenna. Flashing displays are used to show what accessory looks like when it is activated. Display units, which have increased in number in last year, send radio signals through several accessory antennas to make them flash, FCC said. Signals from display units cause interference on cellular frequency bands, which can harm cellular communications and threaten other services in nearby bands, FCC said. Devices that use radio frequency energy require prior approval from FCC, Commission said. There currently are no flashing cellular antenna displays that have received Part 15 approval, agency said. Vendors who are using these displays are advised to “immediately” turn off these devices, Commission said.
Dept. of Justice recommended FCC approve Verizon’s application to provide long distance service in Vt., but urged Commission to “carefully review” concerns by several CLECs about Verizon’s pricing of unbundled network elements (UNEs) in state. Justice’s recommendation followed pattern set by its last 2 Sec. 271 recommendations -- for N.J. and R.I. -- in which it recommended FCC approval with caveat that Commission make sure wholesale prices were right. DoJ said Commission was more experienced in ratemaking issues, so it should determine whether those UNE prices were appropriate.
AOL Time Warner CEO-to-be Richard Parsons was guest speaker Thurs. at Black History Month event at FCC. Chmn. Powell also addressed room packed with more than 200 agency employees. Event was organized by Commission’s Office of Workplace Diversity. Local Washington choir sang, and while there were oblique references to black Americans in communications, no major policy issues were discussed.
House Commerce Committee Chmn. Tauzin (R-La.) will speak at NAB State Leadership Conference Mon. in Washington. Other speakers include Senate Minority Leader Lott (R-Miss.), Sen. Dorgan (D-N.D.), White House Counselor Karen Hughes and FCC and congressional staffers.