FCC at its agenda meeting Wed. approved 2 notices of proposed rulemaking (NPRMs) to review regulatory treatment of unbundled network elements (UNEs) and ILEC broadband services. FCC said 2 proceedings were part of broader effort to review competition policies in light of developments in marketplace. Agency said that in addition to Wed. items, it would begin “more comprehensive” review of broadband policies in next few weeks in response to concerns that surfaced recently on ILEC provision of DSL services to competitors.
Having twice been reversed by courts, FCC Wed. proposed new set of equal employment opportunity (EEO) rules that were worded more broadly than 2 sets that preceded them. Commission adopted 2nd Notice of Proposed Rulemaking (NPRM) seeking comments on EEO rules for broadcasting and cable, including multichannel video program distributors (MPVDs). Proposed rules respond to latest decision by US. Appeals Court, D.C., which held that portion of Commission’s EEO rules was unconstitutional (CD Jan 17 p1).
Clarification: House Telecom Subcommittee Chmn. Upton (R-Mich.) said in hearing Tues. (CD Dec 12 p1) that he was “not thrilled” with NextWave’s proposed settlement with govt. that would give bankrupt carrier nearly $6 billion for returning auctioned C- and F-block PCS licences. However, he said that “the alternative would be to ignore the settlement… and hope that the Supreme Court not only takes the case, but also overturns the D.C. Circuit Court,” which ruled against FCC-mandated forfeiture of NextWave’s licenses. Staffer said that that didn’t mean Upton was opposed to settlement.
FCC Chmn. Powell said at Wed. agenda meeting that Commission “reluctantly” withdrew scheduled vote on ultra- wideband (UWB) policy in deference to request for more time from Commerce Secy. Donald Evans, with understanding that steps would be taken to put item on Feb. agenda. Powell said agenda items “rarely” were withdrawn. FCC took order off agenda late Tues. Evans had told Powell late last month that 60 additional days are needed to complete final analysis to ensure protection of critical govt. operations and safety-of- life services. Deputy Assistant Commerce Secy. Michael Gallagher told us he was “hopefully optimistic” that unified govt. position and agreement between FCC and NTIA could be reached in time for Feb. 14 agenda meeting. “What happens next is very important,” Gallagher said. “We have a limited amount of time.” NTIA has stepped up pace of meetings it has been holding with FCC and other federal agencies on issues related to UWB, he said. In last few weeks, there has been movement on some issues, but he declined to elaborate on specific areas of progress. Gallagher, who joined NTIA in early Nov., is heading up UWB policy issues because NTIA Administrator Nancy Victory is recused from those issues. “We need to go system by system through the affected government systems, that’s the trigger point,” Gallagher said. Commerce Dept. decided to ask for additional 60 days to balance needs of federal agencies that had stake in proceeding against critical timelines faced by UWB industry. “There were a number of agencies and outside parties calling for a further notice,” Gallagher said. Instead, Commerce Dept. ultimately asked for another 2 months as time frame that was “realistic and doable and doesn’t cause this industry to fail simply because the government was unable to act,” Gallagher said. Separately, United Airlines, which has raised concerns about potential interference that UWB systems might pose for GPS, lauded move by FCC to take more time. “The FCC does not manage, nor are they responsible for, the National Airspace System,” airline said: “This is the purview of the FAA and DoT. FCC actions should not, therefore, adversely impact airline operations or put passengers at risk.” Company said introduction of UWB devices into aviation safety-of-life bands would “erode public safety” and “compromise international protections” given to these frequencies. XtremeSpectrum CEO Martin Rofheart said that while company was “disappointed” with delay, “we are not surprised, as the terrorist attacks of Sept. 11 have placed extraordinarily high demands on our government and continue to do so in this unprecedented time in our nation’s history.” Rofheart said he was “confident” that FCC would issue rules within 60 days.
FCC at its agenda meeting Wed. unanimously adopted allocation and service rules for 48 MHz of spectrum in lower 700 MHz band now occupied by Ch. 52-59 TV broadcasters. Order paves way for introducing new fixed and mobile wireless operations in band as well as new broadcasting services, Commission said. Order, which covers spectrum that Congress required to be auctioned by Sept. 30, 2002, reallocates that part of band to fixed and mobile services and keeps existing broadcast allocation for new and incumbent services during transition to DTV. Spectrum being reallocated is subject to same digital TV transition target of 2006 as upper channels in 700 MHz. But because lower channels don’t have additional public safety allocation like Ch. 60-69, Commission said it wasn’t putting in place same presumptive guidelines used to expedite clearing in upper bands. Order doesn’t contain specific band-clearing rules, instead providing that regulatory requests for voluntary band clearing be considered on “case-by-case basis.”
WEST HOLLYWOOD -- Annual NATPE convention may be down, but not out, NATPE Pres Bruce Johansen said in annual preshow briefing here Wed. “It’s going to change and we are excited about those changes.” Organization caused furor when news it had cancelled its 2003 hotel reservations in New Orleans leaked, but Johansen said Wed. conference was indeed returning there in 2003, and presumably 2004, as planned, despite resistance by some domestic distributors. “There are going to be some people who are not happy about that decision, but we think it’s the smartest thing for us to do, to honor that commitment.”
Consortium of 11 N.Y. and N.J. TV stations formed Metropolitan TV Assn. (MTA) in their continuing -- and very difficult -- search for new analog antenna site that would satisfy demands of FAA, FCC rules and provide acceptable signals for their viewers. Search has been under way almost since Sept. 11 terrorist attack on World Trade Center that destroyed their antennas and transmitters (CD Sept 19 p1). William Baker, pres. of noncommercial WNET N.Y.-Newark, is chmn. of MTA, whose members have put embargo on talking officially to reporters.
FCC voted Wed. to lift ban on technology-specific and service-specific area code overlays and said it would consider state proposals for such overlays on case-by-case basis. Agency in 1995 barred such overlays, which were contemplated for wireless carriers, saying that might harm competition and hurt one type of carrier over others. FCC staff said agency would weigh such concerns against need to ease number shortages as it reviewed each request.
Chuck Dziedzic, assistant chief, FCC Video Services Div., will retire at year end… Dennis Young, ex-ADC Telecommunications, becomes COO of Siemens ICN-U.S… David Zahka, ex-UBS Warburg, named Talk America chief financial officer… Robert Feller, GMAC Commercial Mortgage, joins USOL Holdings board.
FCC late Tues. took ultra-wideband order off agenda for meeting today (Wed.). Last week, Commission had placed item on agenda, although agency source said proposal was likely to be put off until early next year unless some agreement could be reached on outstanding issues. Commerce Secy. Donald Evans had told FCC Chmn. Powell that additional 60 days were needed to complete final analysis to ensure protection of critical govt. operations and safety-of-life services (CD Dec 7 p2). While Powell had told Capitol Hill hearing earlier this year that Commission was interested in acting on first report and order by end of this year, several policy areas in Part 15 proceeding remain wrapped in disagreement, particularly amid concerns expressed by some federal agencies over potential interference that UWB devices could create for GPS systems.