Conn. Dept. of Public Utility Control (DPUC) is scheduled to take final vote May 24 on proposed order that would require Southern New England Telephone (SNET) and its Advanced Solutions data service affiliate to make available for resale at 25% discount their advanced telephony services such as DSL, frame relay and asynchronous transfer mode (ATM) services. DPUC disregarded SNET arguments that it offered no advanced services and FCC exempted advanced service affiliates of incumbent telcos from resale and unbundling obligations of parent. DPUC cited as basis for its order Jan. 9 decision of U.S. Appeals Court, D.C., that held that FCC ruling defied common logic. On heels of that decision, DSLnet, a data CLEC, filed with DPUC to force SNET and its advanced service affiliate to provide discounted DSL for resale. SNET and its parent SBC have challenged court’s decision and have said they will fight any state action based on that decision. SNET will seek to change DPUC’s mind with filing of exceptions to proposed order this week and vowed further challenges if necessary. If DPUC adopts proposed order, SNET units will have until May 31 to file resale tariffs for advanced services.
Senate Commerce Committee members are meeting separately with FCC nominees Michael Powell, Kathleen Abernathy, Kevin Martin and Michael Copps in preparation for May 17 confirmation hearing, Senate staffers said. Members Tues. (May 15) and today scheduled informal gatherings “to get to know” candidates and in advance of hearing express views on communications issues that would be tackled under nominees’ tenure at Commission, according to several staffers. “It’s standard procedure to meet in advance” of confirmation hearing, committee spokeswoman said. She wouldn’t rule out possible advance meetings between Chmn. McCain (R-Ariz.) and nominees, but wasn’t aware of specific questions that he intended to address. E-rate and rural network deployment will be focus of questions by committee members, other Senate staffers said.
Any measures taken to clear incumbent broadcasters from analog Ch. 52-59 before changeover to DTV is completed “must be entirely voluntary,” NAB told FCC in latest round of comments: “Any premature mandatory relocation of incumbent broadcasters would be contrary to statute and congressional intent.” Also, NAB said, FCC proposal to reassign stations on Ch. 52-59 probably would be premature “if, as may likely occur,” Congress ordered postponement of auction of channels -- now scheduled to start in Sept.
U.S. Appeals Court, D.C., questioned Tues. how costs of Enhanced 911 upgrades that rural and other wireless carriers pass on to customers are any different from public safety costs faced by other industries such as automakers and airlines. U.S. Cellular Corp., Corr Wireless Communications and Rural Cellular Assn. challenged 1999 FCC decision to eliminate cost-recovery mechanism for carriers as precondition to their obligation to furnish E911 caller location services. Commission lifted that requirement as it related to commercial carriers based on concerns that difficulties with putting state cost recovery legislation into effect were dramatically slowing E911 rollouts. Challenge by rural carriers centered on concerns that compared to larger carriers with urban customer bases, they must spread such costs over smaller subscriber base covering larger areas. But Judges David Tatel and Merrick Garland pressed U.S. Cellular attorney Thomas Van Wazer on how public safety costs and mandates at issue in this case were different from similar requirements imposed on other industries that also must pass on costs to customers. “Don’t auto makers pass that along?” Tatel asked. “Couldn’t Ford say we're not going to install any seatbelts because they are very expensive?”
FCC agreed to voluntary unassigned number porting (UNP) trial proposed by Conn. Dept. of Public Utility Control (DPUC). In letter Tues., Common Carrier Bureau Chief Dorothy Attwood said UNP trial would provide “valuable information” on feasibility of implementing mandatory national UNP. Trial would provide data to help determine likelihood that UNP could succeed as national number resource optimization measure and allow agency to determine whether UNP should be used to complement other measures such as thousand-block number pooling. Letter listed 16 reporting requirements to provide FCC sufficient detail before implementation and during UNP trial. Only data Commission has to date came from UNP trial involving WorldCom and Focal Communications. Companies urged FCC in March 2000 at completion of trial to require carriers to respond to UPN requests when: (1) Service provider’s customer wants specific number of numbers belonging to another service provider. (2) Service provider needs to establish footprint in particular area. WorldCom and Focal concluded UNP trial was successful because customers received numbers requested and providers were able to establish footprint presence within particular rate centers. FCC at time recognized UNP wasn’t sufficiently developed for adoption as nationwide number resource optimization measure and decided not to mandate UNP. Commission expressed concern about impact UNP might have on: (1) Carrier’s ability to control its own number inventories and to forecast future numbering needs. (2) Carrier’s switching systems and mapping logic of operations support systems if UNP measure resulted in significant number porting.
Senior executives of 20 cable networks will descend on Capitol Hill today (Wed.) to lobby lawmakers against digital must- carry requirements for cable operators. In series of meetings with Congress members organized by NCTA, cable programmers plan to argue that mandatory dual carriage of analog and digital broadcast signals during nation’s DTV transition would adversely affect their networks, especially their new digital offerings. NCTA spokesman said campaign, which follows hearings on digital must- carry by both House and Senate Commerce Committees earlier this year, was aimed at presenting programmers’ point of view. In those 2 hearings, cable industry was represented by cable operators only. “It’s a different perspective,” spokesman said, referring to programmers’ view. Although FCC tentatively has concluded that dual carriage would infringe too much on First Amendment rights, it hasn’t made final determination, leading broadcasters and cable interests to keep lobbying vigorously on issue. Programmers’ contingent will be led by A&E TV Networks Pres. Nick Davatzes, AMC Pres. Kate McEnroe, Court TV Pres. Dick Beahrs, Discovery Communications Pres. Judith McHale, Encore Media Group Pres. Mark Bauman.
Market conditions, not “need for cash,” delayed Inmarsat IPO required by Congress under Orbit Act, CEO Michael Storey told Internet via Satellite Conference sponsored by Center of Business Intelligence in Washington May 14. “We've been ready to do an IPO for a long time” as final stage of privatization, he said: “We are waiting until general market conditions become more amiable. We have very little debt. It’s not a critical thing, but it must be done to gain market access in the U.S.”
Although he likes cable programming, FCC Chmn. Powell subscribes to DBS. In interview on C-SPAN recorded Fri., Powell, when asked whether he subscribed to cable, said he had satellite dish. He declined to say whether he subscribed to DirecTV, EchoStar or C-band. But, in nod to cable networks, he called himself “big fan” of Learning Channel and Discovery Channel, saying he viewed them regularly with his 2 sons. Powell told C- SPAN that he owned VCR, mainly to watch movies rented at Blockbuster, but said he couldn’t afford new personal video recorders promoted by Microsoft, ReplayTV, TiVo. He also denied rumors that he was eyeing run for U.S. Senate seat in Va.
Bill to rein in rising cable TV rates was introduced Tues. by Rep. Frank (D-Mass.), who said legislation was needed to amend provision in Telecom Act that deregulated cable industry at expense of consumers. Bill would repeal Sec. 301 of Act and restore FCC authority to act upon consumer complaints about cable service. “The FCC has lacked adequate authority over the cable monopolies and consumers have paid the price,” Frank said. “After 5 years of deregulation we have learned that the problem was not too much FCC action, but too little.” NCTA said bill was “step backward” and would interfere with network cable network upgrades and additional broadband deployment. “The 1996 Telecommunications Act spurred $45 billion in private investment to upgrade cable systems, resulting in the offering of digital video, high-speed Internet access and cable telephony services to millions of consumers,” NCTA said. “Cable customers have voted their approval by opting for more than 15 million units of these services since deregulation.”
William Kennard, ex-FCC chmn., elected to N.Y. Times board… Robert Atkinson, Columbia U. Business School, named chmn. FCC’s N. American Numbering Council… Dave Checketts resigns as pres.-CEO of Cablevision System’s Madison Sq. Garden… Ross Campbell, ex- Northern Telecom Canada, named to Symphony Telecom International board… David Cohen, 3Com, elected chmn., Wireless Ethernet Compatibility Alliance… Michael Collette, ex-MediaTech Strategies, appointed senior vp-mktg. and business development, OpenTV… Eugene Connell adds CEO to pres., Airwire.net, replacing Donald Turek, chmn., resigning as CEO… Andrea Greenberg promoted to pres., Rainbow Sports Networks… Changes at Discovery Networks International: Neville Meijers, ex-CEO, M-Web/MIH, named managing dir., Asia; Tom Keaveny, vp-affiliate sales and mktg., Europe, moves to senior vp-sales and revenue, Asia… Elected to Broadband Content Delivery Forum board: Will Biedron, Stroigen Systems, chmn.; Nabil Akrout, Fantastic Corp., European vice chmn.; Greg Crosby, Sprint, N. American vice chmn.; Marie Hattar, Nortel Networks, treas.; named officers: Michael Condry, Intel; Dave Ginsburg, Allegro Networks; Bruce Leitchman, Vividron; Joe Mosher, Innovatia… Richard Johnson, ex-EchoStar, joins iSurfTV technical advisory board.