FCC should make it clear that terrestrial repeaters for satellite radio service should be allowed to transmit only exactly same programming at exactly same time, NAB said in comments on proceeding (IB 95-91). Group, like others, objected to phrase “nearly simultaneous” proposed by satellite licensees, and said proposed definition didn’t absolutely close door on locally originating programming. NAB also said all incumbents should be protected from interference by repeaters, and satellite interests should have to make public full parameters about repeaters. NAB said it was particularly concerned repeaters would interfere with Broadcast Auxiliary Service. Wireless Communications Assn. (WCA) and others said they backed rules proposed by FCC International Bureau that would protect MMDS and Instructional TV Fixed Service (ITFS) operations from potential interference by imposing advance notice and cure provisions on DARS operators. But WCA said Wireless Communications Service Coalition planned to make separate filing on “serious flaws” in bureau’s proposal for addressing interference that terrestrial DARS facilities caused to WCS operations and to propose alternative. Filing will outline mechanism for DARS licensees to transition to use of 2 kw terrestrial facilities that “will minimize interference to other services.” Still, WCA said it supported bureau proposal insofar as it would compensate licensees of older MMDS and ITFS operations that experienced interference and for providing advance notice of terrestrial DARS rollouts.
FCC is seeking comment on BellSouth’s revised cost information filing, including loop material costs for single line business lines that inadvertently were excluded from its Nov. 16 filing. Comments are due Jan 24. Common Carrier Bureau opened Commission’s cost review proceeding to determine appropriate residential and single-line business subscriber line charge caps for price cap local exchange carriers. On Oct. 5, Bureau issued public notice granting several price cap LECs’ request for limited extension of time in which to file their cost submissions. Under that request, price cap LECs, including BellSouth, submitted cost information Nov. 16. BellSouth filed its corrected cost information Dec. 7.
FCC fined America’s Tele-Network (ATN) $1.02 million for slamming (changing preferred telephone carriers of consumers without their authorization). Agency levied fines of $40,000 for each of 17 violations and then doubled amounts, “based upon a pattern of intention and egregious misconduct.” FCC said it received 263 consumer complaints against ATN in 2000 for unauthorized carrier conversions. Commission’s Enforcement Bureau said ATN didn’t deny it made unauthorized carrier changes but contested level of fine, arguing its actions weren’t intentional and complaining FCC didn’t give enough weight to remedial steps ATN took. FCC said none of ATN’s arguments was “persuasive.”
FCC agreed to delay comments on further notice that was issued in Oct. when it approved MAG plan that revised access charges and universal service regimes for rate-of-return carriers. Further notice (CC Docs. 00-256, 96-45) seeks comment on proposal for incentive regulation, proposed changes to “all-or-nothing” rule, pricing flexibility for rate-of-return carriers and merging long term support mechanism into new Interstate Common Line Support mechanism. Comments now are due Feb. 14 instead of Dec. 31 and replies March 18 instead of Jan. 29.
Verizon Wireless withdrew its waiver petition for priority access service (PAS) at FCC, saying it was working with National Communications System (NCS) on “a more comprehensive, industrywide” solution. Verizon Wireless had been in talks with NCS to provide immediate term PAS, which first would require FCC waiver because certain agency guidelines couldn’t be met with currently available equipment. Verizon spokesman declined to say whether talks with NCS had broken off, but withdrawal would point to that result because waiver was needed before govt. contract could be signed. PAS service had been scheduled to start in Washington and N.Y. Dec. 10, although that date had passed without agreement between NCS and carriers. What Verizon withdrawal, submitted after close of business Thurs., does to pace of wireless PAS rollout that NCS had set following Sept. 11 attacks wasn’t clear late Fri., although VoiceStream said it still was talking with NCS about agreement. “We are planning to go ahead,” said Brian O'Connor, VoiceStream dir.- regulatory and legislative affairs. Comments are due at FCC tomorrow (Tues.) on VoiceStream waiver request for PAS that’s still pending.
FCC Deputy Gen. Counsel John Rogovin told Practising Law Institute conference in Washington that agency was “seriously hopeful” that Congress would pass legislation implementing NextWave agreement by year-end. But in response to question by panel moderator Richard Wiley, he declined to place odds on Congress’s acting in time to meet condition of settlement agreement that legislation be approved by Dec. 31. He said that beyond that date, “there can be no guarantee we will hold that coalition together. It was pretty fragile.” Under scenario in which request for certiorari before U.S. Supreme Court would move forward next year, even with ultimate ruling favorable to FCC, certainty on disposition of licenses still might not be assured until 2004, he said, citing court scheduling issues.
One of highlights of FCBA’s annual Chairman’s Dinner Thurs. was attendance by FCC Chmn. Powell’s father, Secy. of State Colin Powell, who received standing ovation. Chmn. Powell told audience he was gratified that his father, despite having just returned from abroad, still took the “Little League” attitude of dropping everything to “go see Mike.” Secy. Powell and his wife sat in back of room near door with several security guards. Powell’s speech was preceded by tape portraying him as former rock star named “Captain Mike in the Freezing Rain” who had since struggled for new identity. Tape showed Powell as weather man and then ambulance chasing lawyer before settling in at FCC. It also portrayed him as seeking identification with famous other people with last name of Powell, including William Powell and Boog Powell, before settling on Colin Powell. “I don’t know this guy but he shows up at my house and gives me gifts on Father’s Day,” Colin Powell said on tape. Tape also portrayed FCC agenda meeting where Comr. Copps dissented by throwing chair and Powell ran meeting like host of “Weakest Link.” After tape was shown, Powell told his father, “I have a birth certificate proving I could be your son.” Among his comments during light-hearted speech: (1) He would have preferred more elaborate dinner served in courses but “Charlie Ergen and Gene Kimmelman insisted one dish is enough for anyone.” (2) Terrorism will be eliminated long before DTV transition is over. (3) “You can’t get something for nothing unless you happen to be NextWave.” Tape was produced by FCBA with FCC providing portions taped at FCC facilities. FCC staff also took lead role in providing ideas for script, official said.
FCC announced new filing location for paper documents and new fax number for general correspondence to take effect Dec. 18. Commission’s contractor, Vistronix, will begin receiving hand-delivered or messenger-delivered paper filings for Commission’s Secretary at new address in downtown Washington: 236 Mass. Ave., NE, Suite 110, Washington, D.C. 20002. Filing hours at that location will be 8 a.m.-7 p.m. FCC said all hand deliveries must be held together with rubber bands or fasteners and any envelopes must be disposed of before entering building. That facility is only location where hand-delivered or messenger-delivered paper filings for Commission’s Secretary will be accepted. Commission said it no longer would accept such filings at Capitol Heights, Md. facility. Commission also issued reminder that it earlier stopped receiving hand-delivered or messenger-delivered filings at FCC hq. All other messenger-delivered documents, including documents sent by overnight mail -- other than United States Postal Service Express Mail and Priority Mail - - must be addressed to 9300 E. Hampton Drive, Capitol Heights, Md. 20743. Capitol Heights facility is open 8 a.m. to 5:30 p.m. USPS first-class mail, Express Mail, and Priority Mail should continue to be addressed to Commission’s headquarters. USPS mail addressed to Commission’s headquarters actually goes to Commission’s Capitol Heights facility for screening prior to delivery at the Commission. FCC also established new fax number for general correspondence, including inquiries about Commission activities, status inquiries, fee-related questions and any other correspondence that’s not official filing -- 202-418- 0188. Agency asked that correspondence, whenever possible, include name of the bureau or office to which it’s directed, as well as name and room number of FCC staff person to whom letter is to go. BG
More than 90 municipally owned power utilities provide cable services, and at least 108 offer Internet service, thanks to prohibition on exclusive contracts on cable’s video programming, American Public Power Assn. (APPA) said in FCC filing urging Commission to retain and expand ban that’s due to sunset Oct. 5. Were it not for that prohibition, fewer, if any, public telecom systems would be operating, since denial of even handful of “must-have” cable channels could destroy new provider’s ability to compete effectively with incumbent, it said. APPA said general ban didn’t reach exclusive contracts in certain circumstances in which cable operator’s action had “purpose and effect of thwarting competition.” For example, it said, cable operator and program distributor could circumvent curb by delivering programming through terrestrial means rather than by satellite. Allowing prohibition to expire would “seriously jeopardize” competition in more than 2,000 communities in which APPA members serve, it said.
Center for Digital Democracy (CDD) is urging public to tell President Bush, FCC and congressional representatives they should oppose cable concentration. Center said proposals by FCC and cable eventually could allow 2 companies to own all of nation’s cable systems. Jan. 4 is deadline for comments to FCC on ownership caps. CDD Exec Dir. Jeffrey Chester said he was especially concerned by AOL-Time Warner’s recent offer to buy AT&T Broadband. “Given the cable lobby’s opposition to open broadband access, the cable industry’s TV monopoly could extend into the Internet as well,” Chester said. Cable insiders said some deregulation had allowed cable to raise private funds to build networks and further deregulation would reap efficiencies and better deals for customers. NCTA spokesman said no single MSO served more than 14 million of nation’s 86 million cable homes and antitrust laws already protected consumers from unlawful combinations. “Mr. Chester speaks mostly for himself, and his reckless claims about cable concentration are not likely to influence policymakers,” spokesman said.