Columbia Communications wants FCC to modify Nov. 14 order that gave it authority to launch and operate C-band replacement satellite at 37.5 W. SES Global subsidiary Columbia still plans to launch and operate satellite, but present business plan will not permit it to comply with Loral proposal that satellite be brought into service at same time old one is taken out of service. Columbia now operates Columbia 515 satellite at 37.7 W. That bird originally was owned by Intelsat but was transferred to Columbia as part of coordination agreement. Intelsat has informed Columbia that satellite should be retired in Oct. 2002. New satellite isn’t expected to become operational until Sept. 2004. SES Global hasn’t had opportunity to assess whether it can modify business plan to satisfy requirement, filing said.
State regulators will give SBC Communications green light -- probably in few weeks -- to enter Cal. long distance market, Precursor Group predicted in report. If FCC ratified petition before 2nd quarter deadline, SBC long distance entry would cut established operators’ 2nd-half profits and hasten further industry consolidation, Precursor said.
Conn. Dept. of Public Utility Control (DPUC) rejected AT&T motion for dismissal or stay of proceedings in its investigation of company’s policy of charging nonresidential customers for cost to construct plant in public rights-of-way (ROW). AT&T sought stay until FCC determined that franchising authority could regulate nonresidential cable service and installation fees. Dept. said its investigation of complaints from nonresidential subscribers revealed that it was AT&T’s standard practice to pass through all costs for nonresidential installations, including costs to construct plant in ROW, to customers. AT&T claimed DPUC lacked jurisdiction and authority to regulate rates and charges for cable service and related installation charges for nonresidential customers, saying Communications Act precluded DPUC from regulating nonresidential rates. If federal rules didn’t preclude DPUC, then it lacked authority under Conn. law and its franchise agreements to regulate commercial installation rates, company said. Effort by dept. to regulate nonresidential rates wouldn’t be in public interest, AT&T said, because it would force residential customers to subsidize commercial entities or “otherwise result in orders that would have no practical effect.” DPUC said authority delegated to dept. by state authorizes it to oversee use of ROW in public interest.
FCC Office of Inspector Gen. (OIG) said some people could be misusing govt. money that was supposed to go toward wiring schools and public libraries for computer access. OIG has referred 11 cases of possible waste, fraud and abuse to FBI and one case to Dept. of Justice. IG Walker Feaster said none of allegations were against FCC employees, but against some who had received money from Universal Service Administrative Co. (USAC), which distributes money from FCC’s Universal Service Fund. Feaster said cases were passed on to other agencies because they could involve criminal violations. He declined to provide details, citing pending investigations, but said they involved e-rate funds. Both FBI and Justice are so busy working on terrorism cases, Feaster said, that FCC’s OIG hasn’t been pressing heavily for them to follow up on FCC’s cases: “Obviously the FBI is busy doing other things. We're sort of in a holding status right now.”
FCC granted must-carry complaint against DirecTV filed by KVMD (Ch. 29, Ind.) Twenty-nine Palms, Cal., requiring DBS company to begin carrying signal by Jan. 1 or within 75 days after station provides good signal to DirecTV’s local receive facility. Commission said in order Thurs. that KVMD had argued DirecTV was providing local service in L.A. and DirecTV was obligated to carry its signal. DirecTV said KVMD didn’t provide quality signal. Commission also granted similar request by Entravision filed on behalf of owners of WVEN Daytona Beach against EchoStar.
House Commerce Committee Chm. Tauzin (R-La.) is co- sponsoring standalone bill that contains language for implementing NextWave settlement agreement. Bill, filed Wed. afternoon, also is co-sponsored by Reps. Conyers (D-Mich.), Sensenbrenner (R-Wis.), Thomas (R-Cal.). “It is consistent with [FCC] Chairman Powell’s recommended settlement,” said Tauzin spokesman Ken Johnson. Legislation, which wasn’t available by our deadline, is expected to include virtually all of settlement’s provisions. One caveat is that language remain intact as part of implementing legislation or deal could be renegotiated. However, several sources have indicated that if only minor changes are made, that isn’t likely to happen. Bill is standalone proposal that’s expected to reach House floor as early as today (Fri.). Speculation earlier Thurs. had been that language could be tacked onto economic stimulus bill, which also is heading to House floor. Prospects are less clear in Senate, where Commerce Committee’s ranking Republican McCain (Ariz.) and Chmn. Hollings (D-S.C.) have raised concerns about timing of deal’s needing to be approved by Congress by year-end and other issues. Standalone bill in House comes within days of joint hearings by Judiciary and Commerce subcommittees at which some members raised concerns, although Tauzin said he expected it to be passed this year. Settlement, if finalized, would provide $6 billion to NextWave for relinquishing licenses and $10 billion to U.S. Treasury, to be paid by winners of FCC’s Jan. re-auction of C-block licenses, such as Verizon Wireless. Johnson said there still were several options for how NextWave legislation could move in House now that bill had been introduced. One was that it could be attached to “must-move” legislation, he said. Legislation, “Prompt Utilization of Wireless Spectrum Act,” said it “authorizes and approves” decision by FCC and Justice Dept. to settle NextWave case. Bill would appropriate $9.5 billion to carry out settlement and contains provisions to ensure that govt. would receive its payment before NextWave. After final settlement approval, bill says NextWave would “completely relinquish” all claims to licenses and covered spectrum. It also would provide for expedited judicial review of challenges to settlement agreement and other issues.
In frank outline of his antitrust views, new Justice Dept. Antitrust Chief Charles James said he didn’t see his job as working to assure large numbers of competitors in particular industries, nor to automatically stop a company from developing market dominance. Speaking at Practising Law Institute conference in Washington, James indicated his views didn’t signal laissez-faire approach, but he believed in analyzing mergers, Sec. 271 applications and other reviews on case-by-case basis taking into account changing industries. James’s comments appeared to warm hearts of business representatives in audience. “I think I'll quote him in filings with the FCC,” one attorney joked.
FCC adopted maximum period, 9 months from now, for carriers to transition to routing 911 calls to public safety answering points (PSAPs) in areas where one has been designated, or to existing statewide established default point or local emergency authority. FCC addressed steps it would take to encourage and support states in their efforts to develop and implement end-to-end emergency communications infrastructure and programs for improved delivery of emergency authority. Commission also clarified that VHF public coast station licensees weren’t required to use 911 dialing for accessing emergency services to extent that they were providing maritime services.
FCC Wireless Bureau seeks comment on petitions for reconsideration on public safety answering point (PSAP) requests for Phase 2 enhanced 911. Sprint requested several amendments to Commission’s documentation requirements, including that PSAPs be required to use standardized interface between carrier’s mobile positioning unit and automatic identification location (ALI) database, and that PSAPs obtain LEC’s commitment to complete necessary ALI database upgrades within 6-month period. Cingular said language of Commission’s amendments contradicted previous statements allegedly indicating actual readiness prerequisite for PSAP request. Comments are due Jan. 11.
House Rules Committee Chmn. Dreier (R-Cal.) announced Wed. on House floor that members must submit amendments to data deregulation bill (HR-1542) by House Commerce Committee Chmn. Tauzin (R-La.) and ranking Democrat Dingell (Mich.) by 2 p.m. today (Thurs.), leading observers to believe bill would go to House floor Fri. Although House Judiciary Committee earlier this year had sent an amended version of HR-1542 to full House with negative referral, Judiciary Chmn. James Sensenbrenner (R-Wis.) has been negotiating with Tauzin to present compromise version. Sensenbrenner and other Judiciary members have sought to temper deregulatory bill by expanding Dept. of Justice oversight of Bell companies seeking long distance authority.