National Federation of the Blind (NFB) joined in asking U.S. Appeals Court, D.C., to overrule FCC on video description of TV programming (CD April 9 p9). NAB, NCTA and MPAA earlier appealed same rules. NFB petition provides no details, simply calling rules “arbitrary” and “not in accordance with law.”
Paxson lined up support of 10 more broadcasters in its bid for FCC reconsideration of rules for vacating Ch. 59-69 (CD March 20 p6), clearing them for use by wireless and other industries. Paxson said additions meant petition was supported by licensees of 53% of analog TV stations operating on channels.
Goal of revised wireless service quality bill (HR-1531) introduced by Rep. Weiner (D-N.Y.) is to aid consumers in making educated service choices, not impose additional govt. regulations on industry, congressional staffer said. CTIA spokesman recently acknowledged existence of service problems such as dropped calls, fast busy signals and dead spots (CD March 22 p3), but attributed problems to scarce spectrum and tower siting restrictions. Weiner revised bill to require FCC to collect wireless consumer complaints, rather than mandate that agency create minimum standard, as initial version proposed. “What our bill is about is keeping consumers informed”, Weiner staffer said. She said Weiner would be open to discussions with industry to explore possible remedies to infrastructure problems. Weiner held news conference March 21 to discuss bill, but delayed introducing it until April 4 to address office staffing issues, she said. Legislation, which also would create FCC toll-free complaint hotline, has nine co- sponsors. Wireless industry source said no co-sponsors were on House Commerce Committee or Telecom Subcommittee, where last year members also didn’t provide significant support for similar Weiner bill, leading to its death.
FCC seeks comment on BellSouth, SBC and Verizon petition asking Commission to rule that high-capacity loops and dedicated transport shouldn’t be subject to mandatory unbundling (CD April 10 p5). Requiring ILECs to offer high-capacity loops to CLECs at deep discounts no longer is necessary because there are plenty of companies offering such circuits, carriers said. Comments due May 10, replies May 25.
Multi-Association Group (MAG) complained to FCC about AT&T proposal that agency resolve access charge issues at same time it acts on Rural Task Force (RTF) universal service proposal. National Rural Telecom Assn., National Telephone Coop Assn., OPASTCO and USTA said adding access charge consideration to RTF plan would foreclose proper consideration of MAG’s own plan, which deals with both universal service and access charge reform. In April 6 letter, MAG said “such unwarranted and premature Commission action” would “delay or eliminate” consideration of MAG plan, which was designed to balance both types of reform for rural phone companies. MAG group said it always had known some coordination would be needed between universal service reforms proposed in MAG and RTF plans but AT&T proposal would go further and preempt MAG’s companion access charge reforms. Group urged FCC to “reject AT&T’s attempt to capture the parts of the MAG plan it likes and sidetrack or jettison the rest of our proposal.”
AT&T Wireless told FCC that agency didn’t need to develop location information privacy rules “at this time.” Company was responding to CTIA petition that proposed ways to ensure privacy principles in rulemaking that would cover notice, consent, security and integrity of consumer data (CD April 10 p3). Carriers haven’t been in lockstep in what they would like to see Commission do in that area, with Verizon Wireless saying rule wasn’t needed now and Sprint PCS saying it didn’t see need for “new, detailed regulations.” Cingular Wireless, on other hand, “strongly” recommended that FCC move ahead with rule. Sec. 222 of Communications Act bars carriers from disclosing personal location information without express prior authorization of customer, AT&T noted. While CTIA principles are sound, “it is neither wise, nor necessary, for the Commission to implement these protections by establishing a regulatory environment that could easily undermine the flexibility that carriers require to develop new services and meet individual customer needs,” AT&T said.
Sen. Dorgan (D-N.D.) is drafting letter to FCC calling for swifter action on high-cost universal service reform that he probably will send today (Thurs.), spokesman told us. “We're asking that they do what they're supposed to do,” he said. “Rural high-cost reform has been delayed for too long.”
Assn. of Public Safety Communications Officials-International (APCO) stepped up pressure on wireless carriers Wed. to meet upcoming Enhanced 911 deadline by sending letters requesting location technology service in next 6 months. Letters from public safety answering points (PSAPs), which APCO also submitted to FCC, come as several carriers have waiver petitions pending before Commission on Phase 2 of E911. “It’s going to be tough to get a waiver,” FCC Deputy Wireless Bureau Chief James Schlichting told reporters after APCO news conference in Washington. FCC last week opened public comment period on waiver request of AT&T Wireless, which wants to deploy hybrid handset- and network-based solution for pinpointing location of wireless 911 caller (CD April 9 p4). APCO officials also outlined details of national project to have at least one community public safety system in 48 states ready to receive more specific Phase 2 location data by Oct. deadline. APCO Pres. Lyle Gallagher told us association was embarking on project that would involve wireless carriers to resolve new interference issues in public safety bands.
Gemstar-TV Guide International unexpectedly withdrew its FCC petition for special relief after conceding that Commission was going to rule against company in its long-running cable must-carry struggle with AOL Time Warner and other cable operators (CD Feb 20 p2). In brief submission to agency Wed., Gemstar said it was withdrawing petition immediately “without prejudice as a matter of right,” allowing it to file new petition later if it wants. FCC, which had planned to vote on Gemstar’s petition at its agenda meeting next Thurs., said it would rule on withdrawal after reviewing it. At our deadline, AOL Time Warner couldn’t be reached for comment.
In another major victory on regulatory front, AT&T announced Wed. that IRS had blessed company’s bid to spin off its Liberty Media subsidiary as completely independent company. IRS ruled that proposed split-off would qualify as tax-free transaction for AT&T, Liberty Media and their shareholders, potentially saving them estimated minimum $2 billion in tax bills. As result, AT&T said it planned to convert its current Liberty Media tracking stock into separate asset-based security and start unit as new company by midsummer. AT&T also said Liberty Media Chmn. John Malone, as expected, would “retire” from parent company’s board following spinoff.