Problem with indecency on TV is “lax enforcement” by FCC, not indecency policy itself, Morality in Media Pres. Robert Peters said. Reacting to new indecency policy (CD April 9 p3), Peters said problem was that FCC required indecency complaints to be accompanied by tape of transcript, which is “usually unavailable.” He said issue should be raised during confirmation hearings for new FCC commissioners (CD April 9 p1).
FCC would be required to conduct new e-rate rulemaking, altering program in ways that one supporter suspected could destroy it, under proposals tucked into President Bush’s budget proposal (CD April 10 p1). General provision in proposed Commerce Dept. budget would have Congress direct Commission to finish rulemaking by Sept. 30, 2002. However, e-rate foe thought program got boost when $2.25 billion in e-rate funds and similar amount for high-cost universal service money for first time were included as $4.5-billion line item (rising to $5.6 billion in FYs 2001 and 2002) in FCC budget.
FCC Enforcement Bureau granted WorldCom-SBC joint motion for dismissal of complaint involving 1-800-AMERITECH service. Dispute dates to April 10, 1997, when MCI charged that Ill. Bell had violated Sec. 271 of Communications Act with its 1-800-AMERITECH calling card service. SBC denied allegations. Commission issued order Oct. 19 granting WorldCom’s claims in part; WorldCom filed supplemental complaint against SBC seeking damages Dec. 18. WorldCom and SBC told Commission dispute now had been settled.
Third-generation DTV receivers showed significant improvement in reception capability over first- and 2nd-generation receivers, according to interim analysis by FCC Office of Engineering & Technology (OET). Using preliminary data collected in field study in Washington area, OET said median signal-to-noise ratio, which generally determines reception quality, improved by 2-3 dB overall and by 6-7 dB for sites with strong-signal, high-multipath characteristics, such as those in which COFDM was supposed to outperform U.S. 8-VSB system. OET said DTV signal was viewable without impairments for 99 of 100 sites for outdoor 30-ft. antenna, and 85% of sites with indoor antenna, even though only 27% of sites had high-quality NTSC picture. “Statistically significant” improvement was attributed mainly to improved channel equalizers in newer receivers. OET said new receivers meant indoor antennas in latest field study outperformed outdoor antennas in 1998. Field study data collection is about 50% complete in D.C. area, OET said, and similar study is planned for Baltimore area.
There’s “absolutely no rational public policy basis” for imposing use restrictions on enhanced extended links (EELs) and FCC ought to lift them, CompTel said in comments to agency April 5. EELs are combination loop-transport facilities that CLECs want to use as unbundled network elements (UNEs) to provide local phone service. ILECs fear those combinations also could be used by long distance providers to avoid paying special access rates to ILECs. EELs, based on Total Element Long-Run Incremental Cost (TELRIC) rates, are cheaper than special access tariffs. CompTel said local competitors had to lease higher priced special access alternatives from ILECs such as T-1 lines, multiplexing and transport because EELs rarely were available. “The only effect of the use of restrictions is to guarantee the ILECs a certain revenue stream from their tariffed special access services,” association said. ALTS urged FCC to take several steps to improve access to EELs: (1) Endorse process in which CLECs would self- certify that they were using EELs in approved way. (2) Implement process that set deadlines for ILECs to make billing change that transferred CLECs from special access to EELs. (3) Let CLECs use EELs for data services. (4) Establish enforcement procedure to assure ILECs provided EELs to CLECs. SBC and Verizon filed joint comments warning that sanctioning EEL combinations “would confer an undue windfall” on long distance providers that would use them to get “unwarranted discounts” from special access rates they now paid. On other hand, denying CLECs access to high-capacity loop- transport combinations wouldn’t “impair” competitors, SBC and Verizon contended.
FCC Chief of Staff Marsha McBride and other staffers will speak at Forum on Communications Law sponsored by American Bar Assn. April 22 in Las Vegas, just before NAB convention. Other participants will include Mass Media Bureau Chief Roy Stewart, Senate Commerce Committee staffer Paula Ford, House Commerce Committee staffer Jessica Wallace -- 312-988-6140.
FCC Wireless Bureau granted waiver request by Nextel to operate on 65 Canadian primary frequencies on secondary basis in 800 MHz along part of U.S.-Canadian border. Nextel had sought waiver after Clearnet recently acquired frequencies in Windsor, Canada, area. Both carriers signed agreement for frequency reuse plans that extend along U.S.-Canada border and facilitate roaming. Commercial Wireless Div. of bureau said in order released Mon. that U.S. and Canada now shared use of 800 MHz bands along border under negotiated mutual agreement that designated certain frequencies for U.S. primary use and others for Canadian primary use. Frequencies primarily allotted for unrestricted use by one agency can be assigned for use in border area by other country if certain conditions are met, order said. Bureau approved waiver for Nextel to operate on secondary basis “on frequencies which are not specifically allocated for U.S. operation under Commission rules.”
Among names surfacing with increasing frequency as possible Bush White House nominee to head NTIA is Level 3 Vp-Govt. Relations Tricia Paoletta. Paoletta was majority telecom counsel for House Commerce Committee when it was chaired by then Rep. Thomas Bliley (R-Va.). She also is former dir.-telecom trade policy in Office of U.S. Trade Representative and earlier spent 5 years at FCC, including as senior legal adviser to chief of International Bureau.
Satellite Receivers filed reply comments in support of spectrum sharing in 12.2-12.7 GHz spectrum band as FCC has proposed in MVDDS rulemaking and order (CD April p6). Satellite Receivers also wants technical standards imposed and for band to be opened up to MVDDS providers other than Northpoint. “The day of monopoly service providers has long passed,” filing said.
Viacom said it was “extremely pleased” by stay on compliance with FCC ownership cap issued by U.S. Appeals Court, D.C. Decision means Viacom won’t have to divest some of stations acquired in takeover of CBS pending review of overall ownership cap. FCC Comr. Furchtgott-Roth, who dissented when Commission rejected Viacom petition to suspend national ownership cap, told us he wasn’t surprised by court decision. He said he was surprised that FCC had filed brief with court saying stay request should have been dismissed on procedural grounds. Stay request was based on same First Amendment argument that court upheld in Time Warner cable ownership cap case, Furchtgott-Roth said, but FCC brief generally ignored that argument: “The D.C. court stay puts the FCC in an unfavorable light.” He said whenever court upholds First Amendment argument, FCC ought to actively review any rules that might be subject to same argument.