Promotions at FCC International Bureau: Linda Haller to assoc. bureau chief, Alexandra Field to senior legal adviser… Guy-Olivier Segond of Geneva named ITU Special Ambassador to World Summit on Information Society… Niel Ransom promoted to chief technology officer, Alcatel… Scott Otteman, ex-Trade Policy Project, named dir.-trade policy, National Assn. of Mfrs… Rich Ross promoted to pres.- entertainment, Disney Channel, new post… NAB Exec. Board member and Belo Senior Exec. Vp Michael McCarthy retires, effective in Oct.
Promoting Active Competition Everywhere Coalition (PACE) petitioned FCC last week to adopt procedures as part of its unbundled network element (UNE) triennial review proceeding. PACE petition said state PUCS should retain ability to decide whether minimum unbundling requirements should take effect in their state. PACE Coalition said it still believed all existing UNE’s should be retained but said procedure should be established that would give PUCs “meaningful opportunity to apply their more proximate perspective on competitive conditions within their jurisdictions.” PACE Coalition asked FCC to issue public notice seeking comments on its triennial review notice of proposed rulemaking. Petition said Sec. 251 of Telecom Act gave state regulators authority to establish additional unbundling obligations as long as they were in line with Act. “While national minimum standards provide a useful floor to the competitive experiment, that floor is no substitute for considered state actions promoting competition,” petition said. PACE said states should determine “whether any reduction in federal minimums should be implemented in their jurisdiction, because only the states are able to comprehensively consider the effect of any potential reduction in ILEC unbundling obligations.” Petition said FCC should adopt baseline national list of UNEs that defined minimum obligations of ILECs. “It should leave to each state the decision as to whether those minimum requirements -- to the extent they constitute lesser unbundling obligations than those that exist today -- should be permitted to take effect in their state,” petition said.
FCC Consumer Information Bureau released quarterly report on public inquiries and complaints that showed overall 38% decline in total complaints in 4th quarter. In 3rd quarter, Commission had received 15,599 consumer complaints on broadcast, cable, wireless and wireline issues. In quarter ended Dec. 31, agency received 9,729 complaints and inquiries. FCC said drop could be due to postal disruptions in Washington following anthrax scares in Oct. On wireless, it received 2,423 complaints, 1,323 of them on billing. In 3rd quarter it had 3,076 on wireline telecom services. Report said Commission received 7,186 complaints in 4th quarter, of which 3,588 involved slamming. In previous quarter, agency had 12,362 complaints about wireline service.
With contentious issues such as open access and cable modem classification moving to federal level, cable industry seems largely unencumbered by adverse initiatives in state legislatures. Barring handful of cable-specific bills, industry is poised for relatively quiet legislative year, state cable associations said. But with cable diversifying into telephony and Internet service, industry is taking growing interest in telecom and privacy issues in legislatures, they said. Among 10 states where cable is regulated at state level, only R.I. has reported bills of concern to cable industry. Also, unlike in recent years, there’s marked lack of interest on cable’s part in sponsoring legislation to restrict municipal entry into telecom business.
Alliance for Public Technology (APT) cited 3 major policy hurdles that it believed were hindering universal deployment of broadband, in report Fri. APT, which said it represented rural and remote, physically challenged and other underserved communities, said regulatory disparity, lack of investment incentives and govt.-constructed barriers were slowing pace. APT leaders acknowledged their constituencies were likely to be last to get broadband and perhaps never would see deployment of cable or other technologies because of high cost to serve often-sparse populations. Nevertheless, report, Advanced Services, Enhanced Lives, said govt. could do more to encourage private industry to reach everyone with broadband technologies.
Congress and FCC can’t ban all former pirate radio operators from holding low-power FM (LPFM) licenses, U.S. Appeals Court, D.C., said in decision Fri., but Commission can make decisions on character qualifications of individual LPFM applicants. Court, in 2-1 decision, called overall ban on former pirates “unique and draconian sanction.” In separate decision same day, court said FCC didn’t have to consider constitutionality of earlier LPFM ban in each enforcement proceeding against pirates.
FCC continued crackdown on milestone compliance for satellite companies, requiring 8 Ka-band licensees to produce documentation of contracts by Feb. 8 deadline. In Jan. 28 letter from Tom Tycz, chief of International Bureau Satellite & Radiocommunication Div., Ka-band licensees Astrolink, EchoStar, Hughes, Loral, Motorola, PanAmSat, Teledesic and WB Holdings were given until deadline to show proof milestones had been met with noncontingent contracts for construction of satellites. All of companies except Hughes and Motorola said they had met milestones. Hughes wasn’t available for comment. Motorola filed request for waiver while application to transfer license to Teledesic was pending. FCC said at start of rulemaking that companies failing to meet milestones would lose licenses.
FCC established licensing policies to govern mobile satellite services in L-band 1545-1559 MHz and 1646.5 MHz frequency bands (upper L-band) and 1525-1530 MHz and 1626.5- 1645.5 MHz bands (lower L-band) Thurs. Motient received 20 MHz of spectrum across entire L-band. Commission also will assign lower L-band frequencies in lieu of upper L-band frequencies that had been assigned to Motient. Any coordinated lower L-band spectrum not required to secure Motient aggregate of 20 MHz of L-band spectrum will be available for other MSS applicants, FCC said. Decision requires modification only of half-duplex terminal authorizations granted to Comsat and Marinesat Communications Network for use of Inmarsat system, FCC said. Standards implemented will safeguard integrity of maritime distress and safety services in lower L-band, Commission said.
To again delay scheduled June 19 auction of Chs. 60-69 would “frustrate over 2 years” of voluntary attempts to clear that band of analog stations, “seriously jeopardizing the long-recognized public interest in introducing critically public service and new wireless services,” Paxson Communications said in comments Wed. at FCC Wireless Bureau. Saying auction already had been postponed 5 times, Paxson said if there were any further delay, voluntary efforts of broadcasters’ Spectrum Clearing Alliance would “go for naught.” Alliance (composed of 80 groups owning 144 TV stations in affected band) “has reached the critical mass necessary to conduct substantial band clearing” voluntarily, Paxson said, and FCC must not combine planned auction for Ch. 52-59 with Ch. 60-69 auction -- option proposed by Commission -- because Paxson was “extremely concerned” coupling them would lead to further delay. Paxson owns 19 TV stations in Ch. 60-69.
FCC’s fully loaded agenda for Feb. 14 open meeting includes notice of proposed rulemaking for examination of legal and policy framework under Communications Act for broadband access to Internet provided over domestic wireline facilities. Item will cover universal service obligations of broadband providers. Commission also will take up first report and order on ultra-wideband technology, which had been dropped from Dec. agenda after Commerce Secy. Donald Evans asked that Commission take more time to consider issues such as safety of life services. FCC will take up another report and order, on allocation and designation of 4.9 GHz band that would be transferred from govt. to nongovt. uses. Report will include further notice of proposed rulemaking on service rules for that band, which has attracted increased attention after Sept. 11 attacks for potential public safety uses. Further notice of proposed rulemaking and order deals with system for assessment and recovery of universal service contributions. FCC will consider notice of proposed rulemaking and order that would solicit comments on revising procedures for considering satellite license applications. International Bureau item would amend Commission’s space licensing rules and policies. Agency also plans to take up further notice of proposed rulemaking to adopt new procedures for licensing spectrum in which both commercial and noncommercial educational institutions have interest. Assn. of America’s Public TV Stations had filed for stay of lower power TV auction. Finally, FCC will examine item that would establish rules on procedures for informal consumer complaints. Notice of proposed rulemaking would create uniform consumer complaint process that would apply to all services regulated by FCC that aren’t currently covered by common carrier complaint rules.