FCC Comr. Furchtgott-Roth expressed optimism Tues. that Commission would get its reciprocal compensation item out “shortly,” although he said he was disappointed with results. “This item has just a dreadful history,” he told reporters at monthly breakfast, referring to order that now is on circulation. FCC order vacated and remanded by U.S. Court of Appeals, D.C., reflected “a mistrust in state government” and belief “that the federal government could do things better,” Furchtgott-Roth said. Citing “unsubstantiated” rationale for federal jurisdiction over certain kinds of traffic, he said that 2 years later item is “frankly much the same result from the Commission.”
Successful DTV reception depends more on received signal strength than on modulation scheme or receiver quality, according to in-depth report by Advanced TV Systems Committee (ATSC) Task Force on RF Performance. Report suggests that perceived DTV problems may be result of inflated expectations, that broadcasters shouldn’t count on receiver improvements to solve any problems and that signal improvements, such as use of on-channel receivers, could provide big reception improvements.
FCC Cable Bureau fined Charter Communications $20,000 for repeated violation of Commission’s signal leakage standards in Burlington, Colo., cable system. Agency hit Charter’s 1,000- subscriber system with fine after finding that it had violated signal leakage limits many times in 3 separate tests last April. Cable Bureau also found that Charter willfully failed to comply with agency’s cease operations order.
Ga. PSC set May 31 deadline for comments and June 21 for replies on BellSouth’s request for PSC endorsement of its long distance entry. Carrier requested PSC’s support for interLATA long distance application to FCC later this year.
Leap Wireless urged FCC to not roll back wireless spectrum cap, saying market for commercial mobile radio services hadn’t developed enough to justify eliminating ownership restrictions. Like larger carriers that touted research by economists to bolster position that cap should be altered (CD April 17 p2), Leap cited data from U. of Md. economics prof. Peter Cramton to illustrate that cap had public interest benefits. Company said Cramton research showed that its entry into market would drive down prices average of 37% and provide consumers with replacement for landline phones. Leap also took issue with extent to which large carriers needed more spectrum. “To be sure, they would prefer to have more spectrum, but no carrier could possibly need more than 45 MHz,” Leap said in comments at FCC on notice of proposed rulemaking examining whether there still is need for spectrum cap and cellular cross-ownership rules. Leap cited extent to which carriers could increase efficiency of existing spectrum holdings by upgrading subscribers to digital from analog. Carrier cited example of AT&T, which it said had 30% analog subscribership and could double system capacity by upgrading that component. Leap also argued that carriers shouldn’t have cap lifted to accommodate additional spectrum needs of 3G services. “To the extent that 3G equipment may create a demand for additional capacity, it will also furnish added supply: We can expect 3G equipment at the very least to double the spectral efficiency of existing equipment.” Rural Telecommunications Group and OPASTCO told Commission that spectrum cap and cellular-cross interest rules were “now obsolete.” Groups wrote: “These rules so constrain carriers that they have had a negative impact on the growth of competition in rural and underserved markets and in the rollout of new technologies in these markets.” Existing cap of 45 MHz, except in rural markets where it is 55 MHz, has anticompetitive effect because it potentially makes introduction of new services and expansion into adjacent areas illegal, groups said.
Pegasus submitted proposal for resolution of 2nd round Ka- band licensing to FCC in effort to expedite licensing process. Company asked Commission to allocate it 2 Conus slots for Ka-band service between 85 degrees W and 115 degrees W. Pegasus wants Commission to rigorously enforce rules and give priority to new entrants for licenses.
FCC imposed $520,000 fine against AT&T for slamming 11 customer phone lines, prompting Comr. Furchtgott-Roth to issue separate statement dissenting in part on amount of forfeiture, which he found excessive. In response to Notice of Apparent Liability (NAL) that Commission had issued December 21, AT&T didn’t deny that it had submitted unauthorized change orders for 6 telephone lines, but argued that in 8 remaining alleged violations no slamming violations had occurred. Commission disagreed, finding carrier slammed 11 of 14 customer telephone lines identified in NAL and said available evidence suggested that 3 remaining customers did authorize switching carriers. In his statement Furchtgott-Roth said 6 unauthorized conversions undisputed by AT&T “were caused wholly by processing or data entry errors. AT&T in no way intended to slam these customers, had procedures in place to prevent slamming but erroneously changed these customers’ preferred carrier.” Noting that carriers process millions of change orders each year and it’s impossible to eliminate all mistakes, he said FCC failed to follow rules that “explicitly require it to consider the degree of culpability in determining the amount of forfeiture penalty. In terms of culpability, AT&T’s unintentional violations of the slamming rules pale in comparison to most we have previously penalized. In these circumstances the penalty for slamming should be significantly reduced,” he wrote.
Completely different pictures of broadband world were painted by Bell companies and their ISP competitors in comments to FCC refreshing Computer III record (98-10, 95-20). Portraying themselves as underdogs in high-speed market, Bells asked Commission to repeal its Open Network Architecture (ONA) rules that require Bells to provide services on behalf of competing ISPs as well as requirement that they post on their Web sites list of available services. ISPs continued (CD April 17 p10) to warn that DSL competition was nearing extinction and to call for tougher rules.
DBS operators shouldn’t be able to offer local TV channels on a la carte basis to subscribers and shouldn’t be able to require fiber delivery of TV signals, broadcasters said in several oppositions to DirecTV petition for reconsideration of local station carriage rules (CS 00-96). NAB said FCC had provided “virtually no justification” for pricing rules, which it said would create “incongruous” unfairness in treatment of different TV stations in same market.
There’s “no basis” for claims by ALTS and Conversent Communications that Verizon overcharges for power to colocation arrangements, Verizon said in ex parte letter sent Fri. to FCC. Verizon said it didn’t “simply pass along current from the electric grid” but also added provisions for emergency backup power and upgraded its buildings to handle added power. Company said that to resolve those complaints, which also had come up in state proceedings, Verizon would change way it charged for power to better break out costs and give colocators more control over costs.