FCC could issue Notice of Proposed Rulemaking (NPRM) leading to policy on satellite de-orbiting “in the next month,” said Karl Kensinger, special adviser in International Bureau’s Satellite Div. Commission earlier looked at de- orbiting objectives in 2 GHz processing rounds in Aug. when it issued 8 Mobile Satellite Services (MSS) licenses in 2 GHz spectrum, and still is working on that plan, he told us: “It’s good when U.S.-licensed systems are doing the best they can and are at the forefront of international practice… There are some ambiguities in what the best practices should be, but some sort of disposal process is appropriate.”
It’s “tremendously urgent” that Commission appeal U.S. Appeals Court, D.C., decision Tues. that overturned FCC’s cable-TV station ownership rules and remanded national TV station ownership cap (CD Feb 20 p1), FCC Comr. Copps told reporters Thurs. at his monthly press breakfast. He said he was concerned that court ruling could add major administrative burden because it appeared to change way FCC conducted biennial reviews of regulations as required by Telecom Act. Comrs. Martin and Abernathy and Chmn. Powell have expressed similar concern (CD Feb 21 p1) but Copps is only one so far to call for appeal to U.S. Supreme Court. “If we have to go through this kind of rulemaking every 2 years, it will add an administrative burden that will be impossible for the Commission to discharge,” he said: “This is a decision that cries out for Supreme Court review.”
CompTel called for Senate hearing on FCC’s Notice of Proposed Rulemaking on ILEC broadband service (CD Feb 15 p1), saying it would let Bells “exploit their existing monopoly power.” In letter sent Wed. to Senate Commerce Committee Chmn. Hollings (D-S.C.), CompTel Pres. Russell Frisby said FCC proposal was “tantamount to agency repeal of an Act of Congress.”
U.S. Appeals Court, D.C., remand of national TV station ownership cap to FCC “spells the beginning of the end for local broadcasting as we know it today,” House Commerce Committee ranking minority member Dingell (D-Mich.) said. Court earlier this week (CD Feb 20 p1) refused to declare that 35% cap was unconstitutional, as claimed by Fox, NBC, Time Warner and Viacom-CBS, but ordered FCC to justify why cap was necessary. It also overturned ban on cable systems’ owning TV stations in same market. Dingell said if decision stands, “local television throughout the country will be controlled by a handful of media conglomerates in New York and Los Angeles. This unfortunate development will not serve the public interest well.” Dingell called on FCC to “rectify what the court has done” when agency considers case on remand.
Requiring broadcasters to air public service announcements (PSAs) would raise First Amendment problems, FCC Comrs. Abernathy and Martin told Kaiser Family Foundation seminar in Washington Thurs. Comr. Copps didn’t disagree, but said if broadcasters and cable didn’t improve their efforts to serve public interest, “there’s going to be a reaction,” without explaining what he meant. On public interest requirement for cable, Abernathy said: “I don’t see the government stepping in.”
VoiceStream and National Communications System (NCS) told FCC that GSM wireless operators planned to develop “fully featured” wireless priority service (WPS) capability for nationwide rollout by year-end. Complete WPS capabilities then would be available by end of 2003. VoiceStream said it was in final negotiations with NCS to deploy initial WPS system in Washington and N.Y. NCS had planned to award contract for first leg of system by as early as last Dec. System that will be available immediately in those 2 cities will serve 5,000 users with priority status, Feb. 13 filing said. VoiceStream has short-term waiver petition pending before FCC for one technical requirement for priority access service. Commission in 2000 issued order laying out technical requirements for carriers that chose to deploy WPS but agency didn’t made that offering mandatory. Peter Fonash of NCS said in filing that WPS eventually would “be offered by several wireless operators as a public service, further increasing public safety access to WPS and further diluting the nominal impact WPS would have on nonpriority customers.” Govt.-industry engineering effort has been focused on specifications for how comprehensive, industrywide system would operate. One issue for carriers has been how to reach balance between capacity subscribers would have on network during emergencies and capacity set aside for govt. national security and emergency personnel (NS/EP) (CD Dec 17 p2). NCS said: (1) WPS would be accessed only for public safety reasons. (2) “Nominal impact on nonpriority users would be only near the scenes of emergencies.” (3) NCS would monitor WPS usage to detect potential improper usage. In plans for nationwide rollout, GSM operators are developing ways to preserve portion of system capacity for calls that aren’t priorities or 911 requests “if the system were to become ‘monopolized’ by the priority users.” Filing said: “Unlike the wireline service, the wireless industry is severely constrained by the amount of radio spectrum it can use to offer both WPS and nonpriority services.” As result, NCS said balance must be struck between priority users and general public. Filing included research results on behalf of NCS and CTIA by SAIC and Telcordia on impact of WPS. Analysis assumed, based on past performance of wireline Govt. Emergency Telephone System, 15% probability that wireless calls would be blocked during emergencies. If no radio channels were reserved for priority users, blocking probability for wireless calls in emergencies would hit 85.7%, research showed. That probability rises slightly to 89.4% if 25% of radio channels are reserved for NS/EP users, NCS said.
Court decision Tues. overturning FCC’s cable-TV station cross-ownership ban (CD Feb 20 p1) could have significant effect on how biennial review process is conducted, FCC Chmn. Powell said Wed. In somewhat unusual action, U.S. Appeals Court, D.C., acted not on any new FCC order but on agency’s decision to retain existing rule, in decision made during biennial review. Telecom Act requires FCC to review existing regulations every 2 years to determine whether they remain necessary.
Some well-known Hollywood writers called for FCC hearings on effects of consolidation on industry. Writers Guild of America earlier had urged hearings on behalf of its members, but in latest filing some members signed on by name, including Ron Bass, who wrote How Stella Got Her Groove Back;
FCC Office of Engineering & Technology (OET) Chief Edmond Thomas named Jeffery Goldthorp to head OET’s Network Technology Div. Goldthorp also will represent OET on Commission’s Homeland Security Policy Council and will be designated federal official for Network Reliability & Interoperability Council and Technology Advisory Council.
National class action lawsuit alleges AT&T is charging long distance customers surcharge “significantly in excess” of what it contributes to Universal Service Fund (USF). Suit, filed Wed. in U.S. Dist. Court, L.A., said AT&T was billing customers fee equal to 11.5% of long distance charges, while FCC currently required carrier to contribute 6.808% of long distance revenue to USF. Lawsuit calls fee “huge secret profit center” and said it gave AT&T unfair advantage in highly competitive long distance market: “By hiding revenue in the Universal Connectivity Charge, AT&T is able to advertise lower per-minute rates than it is effectively charging,” suit said. Class plaintiff Roger Gerdes is represented by Stanley, Mandel & Iola, LLP, Law Office of Andrew Kierstead, Matthew Rossman P.C. and Keller Rohrback LLP. Counsel estimates class exceeds 60 million people. Lawsuit follows call last month by House Commerce Committee ranking Democrat Dingell (Mich.) for FCC to investigate AT&T’s increase in USF fee (CD Jan 9 p1). Dingell urged FCC Chmn. Powell to “open the books and records” of AT&T while raising questions whether long distance companies in general were using fee to “gouge” customers. AT&T said it raised USF fee to 11.5% from 9.9%, saying FCC methodology to determine how much company should contribute to fund “was flawed.” Commission makes its determination based on company revenue from 6 months ago. AT&T said “lag” problem, “combined with diminished interstate and international telecom revenue,” necessitated increase.