Pappas Telecasting, which has 4 applications pending for new stations in Ch. 52-59 band, told FCC it was “imperative” that agency act now on “these long-standing applications.” They were filed on or before Sept. 20, 1996, cut-off date, Pappas said, and at that time Commission “expressed its willingness to consider these new broadcast services and its belief that such services would not adversely impact” TV’s pending shift to digital. Pappas, commenting on FCC proposal to auction Ch. 52-59 to nonbroadcast users (CD March 19 p1), said it was “virtually certain” that Sept. auction of Ch. 60-69 would be postponed once again, which would “dramatically alter” FCC’s premise in clearing 698-806 MHz of terrestrial TV stations in preparation for shift to DTV. There currently are 101 analog assignments on Ch. 52-59, plus 112 DTVs, and additional grants would have “a relatively low overall impact” on pending switch to digital transmissions -- now scheduled for 2006, Pappas said: “The DTV transition is certain to slip well beyond 2006. Until then, the public should not be denied new television service.”
New ICO wants “regulatory flexibility, not new spectrum” with plan CEO Craig McCaw has offered to FCC, Senior Vp-External Affairs Gerry Salemme told us Thurs. “This isn’t an attempt to change the rules. We want to take the rules as they are written to optimize our spectrum to bring service to rural and remote parts of the world.” McCaw wants Commission to approve plan that would allow him to develop terrestrial spectrum using radio spectrum allocated to MSS operators, including New ICO (CD April 4 p1). Motient and Cellsat have offered similar plans to FCC. There has been strong opposition to Motient plan from wireless industry, including AT&T, but Cellsat is concerned about latest McCaw proposal because it has been waiting 7 years for license and doesn’t want proceeding delayed.
MDS America in filing at FCC accused rival Northpoint of making false allegations against its technology. MDS said it would file detailed point-by-point response to “baseless allegations.” It said it also was prepared to demonstrate to any party via live, remote computer connection with MDS site in Lyon, France, that terrestrial system can co-exist with DBS broadcasts without harmful interference.
Senate Commerce Committee grilled FCC Chmn. Powell Thurs. about everything from agency’s administration of E-rate program to his views on broadcast ownership concentration and structural separation for Bells. Questioning took place at confirmation hearing for Powell and 3 other nominees to Commission, although most of time was spent with Powell as senators used session to delve into variety of FCC issues. Powell is undergoing confirmation for his recent 5-year nomination as chairman. Those nominated for new FCC posts are Kathleen Abernathy, former Bell company executive; Michael Copps, ex-asst. secy. of Commerce for trade development; and Kevin Martin, ex-aide to FCC Comr. Harold Furchtgott-Roth. Committee leaders said they tentatively planned to vote on confirmations May 24.
Legislation that would increase FCC enforcement authority might be tweaked to reflect concerns that proposed changes might not be sufficient to deter potential violators of telecom law, House Telecom Subcommittee Chmn. Upton (R-Mich.) said Thurs. at hearing on HR-1765. “We need to give [FCC] Chmn. Powell and his colleagues more ammo so that they can enforce the law,” he said. Upton bill would increase fines FCC could levy on violators to $1 million per violation, with $10 million cap, from current $120,000 limit. It also would extend statute of limitations on enforcement action to 2 years from one. Upton said he would assess recommendations of panelists testifying at hearing, who offered variety of suggestions on how to improve effectiveness of bill.
FCC, in notice of proposed rulemaking (NPRM) released Thurs., said it was weighing whether to do away with or alter requirements for analog service that have been applied to cellular carriers since 1981. Proposal examines continued need for mandating that cellular carriers provide AMPS-type (Advanced Mobile Phone Systems) analog service as long as they still have analog customers or roamers on their system. Citing major technical and market changes in last 2 decades, NPRM eyes broad array of regulatory requirements that date back to early 1980s start of cellphone service, which was limited to 2 carriers in each market.
Morality in Media urged Senate Commerce Committee to press FCC nominees during confirmation hearing today (May 17) on their positions on broadcast indecency law enforcement. In full-page Washington Times ad May 16, group said FCC’s present enforcement record on issue “is a disgrace” and asked that committee members determine whether nominees Michael Powell, Kathleen Abernathy, Kevin Martin and Michael Copps would uphold broadcast decency standards. “If the FCC is to play a vital role in protecting the public interest, the commissioners who head it must themselves believe that the Commission has such a role to play,” it said. “If a nominee’s purpose in ’serving’ on the FCC is to dismantle it in order to protect media interests to further a political ideology, that nominee should not be confirmed.”
DBS industry and terrestrial start-up Northpoint-Broadwave continued dispute over impact of Mitre report in comments filed with FCC and in sessions with trade media. DirecTV Vp-Govt. Affairs Merrill Spiegel told us FCC “should proceed to overthrow the finding” that spectrum sharing between DBS and terrestrial systems was “theoretically possible.” Northpoint renewed call for license so it could begin offering service as soon as possible. “We don’t believe there is anything new” from DBS industry, Northpoint CEO Sophia Collier said. Company also received backing of Congressional Black Caucus in letter to FCC Chmn. Powell. Three new Commissioners, who are expected to be confirmed at Senate hearing today (Thurs.), could hold key to outcome, industry lawyer said: “That’s the wild card none of us know about.” Final comments in FCC proceeding are due May 23. New Commissioners will have to be briefed on issue before vote can be taken, industry lawyer said, and “the spin cycle will begin all over again.”
BellSouth (BS) asked S.C. PSC Wed. to endorse company’s 2nd attempt to offer long distance service in state. If PSC endorses BellSouth’s entry, company’s next step will be to file new Sec. 271 application with FCC. BellSouth S.C. Pres. Harry Lightsey said request was in best interests of company’s customers because BS was only phone company in state that couldn’t offer customers one-stop local and long distance service. BellSouth’s first request for entry in S.C. was turned down by FCC in Dec. 1997.
Publisher Mortimer Zuckerman is interested in buying N.Y. Post, he confirmed in ex parte filing in FCC proceeding on whether to waive newspaper-broadcast cross-ownership rules for News Corp. He provided no additional details, but News Corp., in its own filing, said it hadn’t said there were no other potential buyers, only that “it is very unlikely that it could obtain a fair price for the Post.” It also said Zuckerman’s interest was “highly conditional,” and public wouldn’t benefit if newspaper competition in N.Y. were eliminated.