NCTA formally asked FCC to open rulemaking on attribution rules. Request came in comments Fri. to Commission on cable ownership limits. Fri. was deadline for first round of comments in rulemaking; replies are due Feb. 4. NCTA Pres. Robert Sachs said last month that his association objected to rule that company with 5% stake in another was considered to have controlling interest in 2nd company (CD Dec 12 p3). NCTA believes attribution is inexorably linked to questions of ownership limits, he said. Filing said attribution rules “should be crafted to ensure that only subscribers who are actually affected by the cable operator’s programming decisions are counted towards the cap.” ACA Pres. Matthew Polka said his group wasn’t submitting comments on cable ownership limits, but would monitor incoming comments for possible reply on behalf of small and rural cable operators. Comcast, which recently won bidding war for AT&T Broadband (CD Dec 20 Special Report) and would become country’s largest MSO, said in its filing that “in light of current marketplace circumstances, cable operators cannot impede the flow of video programming to consumers,” so competition should replace regulation. Proposed Comcast takeover of AT&T Broadband, which would reach some 22 million subscribers, would be only entity that would come close to reaching current de facto limit of 30%. U.S. Appeals Court, D.C., last year struck down limit, saying FCC couldn’t justify its number (CD March 5 p1). Comcast didn’t propose any specific rule or formulation but noted that it currently competed with 2 DBS operators: “Today, competition, investment and innovation and ensure consumer access to a wide range of video programming choices. Today, no one cable operator can act as a bottleneck.” Comcast said court decisions constrained Commission from establishing new limits that would infringe on companies’ First Amendment rights, and any rules FCC adopted should be narrowly tailored and “grounded in demonstrable risks of harm to consumers.” More than 850 comments were filed on behalf of individual consumers who signed form letters opposing loosening cable ownership limits.
Qwest Chmn. Joseph Nacchio will chair next term of Network Reliability & Interoperability Council, FCC Chmn. Powell said… AT&T Broadband CEO William Schleyer plans to leave all corporate boards, including StorageNetworks… Robert Fortna, ex-Siemens, named vp-govt. solutions, Avaya.
FCC said 3rd-quarter 2001 inflation factor for cable operators adjusting their rates was 2.25%. Using FCC Form 1240, operators can adjust nonexternal cost part of their rates for inflation based on quarterly figures released by Commission. Factor is based on changes in quarterly Gross National Product Price Index.
After blistering criticism from CEA, CableLabs announced it had finalized open middleware specifications for set-top boxes, in move that furthered transition toward DTV. Called OCAP 1.0 (OpenCable Application Platform), software is designed to allow any consumer with box to receive services from cable operators, including interactive TV, CableLabs said, and will allow manufacturers to build HDTV receivers that can respond to cable. Leading cable companies represented by CableLabs executive committee, including nation’s top 6 MSOs, said they would support OCAP. “CableLabs has accomplished an unprecedented milestone,” said Joseph Collins, CEO of AOL Time Warner Interactive Video and chmn. of CableLabs board. FCC Cable Bureau Chief Ken Ferree said he hadn’t had chance to review new standard but was “encouraged” that development could bridge rift between cable and consumer electronics developers and manufacturers. “We recognize that the middleware element is an important part of making navigation devices commercially available, as well as moving forward with the digital transition,” Ferree said.
Stakeholders in NextWave case talked Thurs. about possible options in response to unwillingness of Congress to codify proposed settlement by end of last year. Although FCC and Dept. of Justice supported $16 billion deal with bankrupt carrier that would have required return of auctioned C-block licenses, congressional action was needed to put $10 billion back into U.S. Treasury and allow NextWave to keep $6 billion after taxes. Sources said decision whether to revive proposal in some form was unlikely before end of day, but said negotiations would continue.
FCC and Industry Canada issued regulatory approvals of AirCard 710 wireless network card, Sierra Wireless said Thurs. Product is single band General Packet Radio Service (GPRS) PC card for access to N. American Global System for Mobile Communications (GSM) and GPRS networks. Roaming at speeds up to 56 kbps, mobile users can use new AirCard product for wireless access to corporate networks, e-mail or Internet, without need for wireline or cellular phone connection, Sierra said.
FCC’s recent spectrum reallocation (CD Dec 31 p1) is boon for Time Division Duplexing (TDD) industry, industry coalition said. In that decision, Commission allocated for “flexible” commercial use 27 MHz of spectrum in 7 bands that had been transferred from federal govt. TDD Coalition said spectrum was reallocated in way that would promote more efficient, innovative TDD-based uses. “This announcement by the FCC is an important step toward encouraging technologies like TDD that require only a relatively small band for bidirectional broadband wireless communications,” said Remi Chayer, TDD Coalition chmn. and technical marketing mgr. at Harris. ArrayComm, member of TDD Coalition, also hailed FCC’s action. “There is an opportunity to deploy, in some of this spectrum, innovative and spectrally efficient wireless services such as ArrayComm’s i-Burst technology that delivers cost-effective wireless Internet access to people by efficiently using a narrow band of radio spectrum,” ArrayComm CEO Martin Cooper said.
CompTel said FCC should force Verizon to reveal data from independent audit conducted 6 months ago in N.Y. state. In Jan. 3 letter to FCC, CompTel said Sec. 272 of Telecom Act required that after Bell company entered long distance market, it had to undergo independent audit every 2 years that measured its compliance with structural and nondiscrimination safeguards spelled out in that section. However, CompTel complained, when Verizon filed its first biennial audit report with FCC more than 6 months ago, much of it was redacted. Without access to data in report, discrimination against competitive carriers can’t be proved, CompTel said. After audit by PricewaterhouseCoopers was filed with FCC in June, CompTel said it sent letter in Aug. urging Commission to order Verizon to disclose complete audit results. “In order to comply with its statutory obligations under Sec. 272(d), the Commission must address CompTel’s opposition to Verizon’s unilateral redaction of certain audit results, particularly special access performance data,” CompTel said in latest letter. CompTel said some of redacted information related to apparent violations of Sec. 272 requirements. Verizon spokesman said company is “in full compliance with Sec. 272.” He said regulators, who signed non-disclosure agreements, have access to information CompTel seeks. However, redacted information is “customer specific” so it shouldn’t be widely distributed.
FCC Comr. Abernathy launched “News You Can Use” information campaign in which she periodically will select policy issue, generally of concern to consumers, and feature it in her speeches, press interviews and columns on her Web site. First issue is telemarketing calls, with column on do- not-call lists already running on her Web site -- www.fcc.gov/commissioners/abernathy/news.html.
FCC called for comments by Jan. 15 on Qwest petition seeking pricing flexibility for special access and dedicated transport services. Qwest can file reply by Jan. 25, agency said. Petition was filed Dec. 31 -- CCB/CPD File 02-01.