FCC granted motion by DBS operators EchoStar and DirecTV Fri. for extension of deadline until April 5 for reply comments in Multichannel Video Distribution and Data Services (MVDDS)- Northpoint proceeding involving spectrum sharing. Commission clarified its ruling Mon. following confusion over new deadline. DBS operators had asked for 30-day extension, but FCC granted them 10 days. Comments were due March 26. Rival Northpoint in motion to deny argued that request was untimely and not justified by emergency. Company called it stalling tactic to stop proceeding from moving forward. Meanwhile Assn. of America’s Public TV Stations (APTS) filed reply comments asking Commission to make certain MVDDS operators would be held to same standards as satellite and cable operators on must-carry rules. “MVDDS service must possess the same rights and responsibilities as the industries in which it competes,” filing said.
Cable operators, programming networks, broadcasters, DBS providers, consumer electronics interests, Bell companies, ISPs, sports leagues, software developers, electronic program guide creators, personal video recording firms and consumer groups all battled over possible interactive TV (ITV) regulations at FCC. In comments filed last week in response to Commission’s ITV inquiry, 28 entities debated whether federal govt. should regulate nascent interactive market in wake of AOL’s takeover of Time Warner (TW) earlier this year. They also feuded over how govt. should define interactive services if it chooses to regulate them.
PEBBLE BEACH, Cal. -- Because so few consumers get their TV over air, broadcasters may soon have difficulty justifying their continuing control of big block of spectrum unless they refocus on public service, analyst Thomas Wolzien said in speech opening NAB Futures Summit here Sun. Although he said figure probably was inflated by various factors, Wolzien said recent auctions indicated broadcast spectrum could be worth as much as $367 billion, even though total market value of all TV stations is only about $100 billion.
FCC Chmn. Powell said Commission would rely on new Consumer/Disability Telecom Advisory Committee to provide “input and advice” to help agency be more responsive to needs of people with disabilities. He said it was well-known that he preferred marketplace forces to regulation but FCC sometimes had to step in because marketplace “often bypasses” consumers with special needs. Said Comr. Ness: “A lot of creative ideas come from groups such as yours.” Committee Chmn. Shirley Rooker, Call for Action pres., said group would listen to diverse opinions represented in its membership and make recommendations to FCC on variety of issues.
FCC said it would post new children’s TV programming form (398), which TV stations are required to file annually, on its Web site (www.fcc.gov.) by Thurs. (March 29). It requires stations to file additional information on preemptions of network programs and on published program guides. Deadline for electronically filing new Form 398 is April 10.
FCC is seeking comments on request last month by WorldNet Telecommunications that agency reopen Bell Atlantic-GTE merger conditions to examine certain questions. In Feb. 12 letter, WorldNet asked Commission to reopen merger docket to: (1) Determine, in response to recent U.S. Appeals Court, D.C., ruling in Assn. of Communications Enterprises (ASCENT) v. FCC that separate advanced services affiliates of Verizon were subject to all obligations of Sec. 251(c) of Communications Act. (2) Expand applicability of merger conditions “so that they are applicable to Puerto Rico Telephone Co.,” which is controlled by Verizon and ILEC in P.R. Comments are due April 25, replies May 10. In Jan. decision (CD Jan 10 p1), D.C. Circuit rejected SBC’s advanced services subsidiary, essentially overturning trade-off FCC had made with SBC in which agency had allowed company to provide advanced services free of interconnection requirements if it formed separate affiliate to provide those services. In SBC case, court held that FCC didn’t have authority to forgo interconnection requirements of Sec. 251(c) just because SBC was offering advanced, not basic, services and using separate subsidiary. Questions raised by ruling at that time included potential impact on Verizon (CD Jan 11 p1).
PanAmSat opposes Boeing application to FCC to operate up to 800 Ku-band transmit and receive mobile stations aboard aircraft in U.S. and its coastal waters. In March 23 filing, PanAmSat said Boeing system was dependent upon complex network control protocol and such systems were extremely sensitive to minor hardware and equipment defects, software errors, other operational anomalies. Result will be harmful interference to fixed satellite service operations, PanAmSat argued. It said Commission shouldn’t grant application unless and until FSS operators were satisfied that Boeing would have systems in place that could reliably track and monitor transmissions from in-flight aircraft.
Phone companies will be able to offer customers bundled packages of phone service and customer-premises equipment (CPE) under order FCC plans to release this week, staff member said at seminar Fri. sponsored by Progress & Freedom Foundation. FCC Common Carrier Bureau Chief Dorothy Attwood said Commission voted to approve order last week but it hadn’t been released yet. Along with eliminating restriction on bundling CPE with service, order will clarify that common carriers with their own facilities can offer bundled packages of enhanced services, such as Internet access, and basic phone service. She said order would allow consumers to take advantage of innovative packages from more companies. Attwood also announced that agency had simplified filing requirements for Sec. 271 applications, reducing amount of paperwork. Among changes: (1) Process is outlined for filing multistate applications, such as SBC’s Kan.-Okla. application that recently was approved. More multistate applications are expected so FCC clarified requirements. (2) FCC will require fewer copies of applications. (3) Amount of information in each application will be reduced, resulting in about half the paperwork. For example, instead of filing complete public record of relevant state PUC proceeding, company can file just that portion of public record on which it is relying in its application. Spokesman said agency was expecting “upwards of 10 applications” for Sec. 271 approval this year and revised document would make process smoother.
Rep. Deal (R-Ga.) introduced legislation that would remove caps and limitations on universal service support by amending Sec. 254 of Communications Act. HR-1171,referred March 22 to House Commerce Committee, is companion to S-500 (CD March 12 p6), by Sen. Burns (R-Mont.) and several rural senators. Bills would eliminate restrictions on size of high-cost support, lift caps on how much universal funding individual service providers could receive, prevent FCC from enforcing or reimposing most caps or limitations. National Telephone Cooperative Assn., which supports measure, estimates that “small, independent telecommunications carriers will lose out on $198 million this year if the caps are not removed.”
Verizon Wireless urged FCC to defer granting licenses won at C- and F-block PCS auction in Jan. until U.S. Appeals Court, D.C., rules on NextWave’s appeal. Verizon Wireless won $8.8 billion in licenses of $17 billion raised by auction, in which most formerly belonged to NextWave but were cancelled for missed payment. Earlier this month, NextWave asked agency to delay spectrum awards until D.C. Circuit issued opinion (CD March 13 p4). Verizon Wireless told FCC in its comments that nothing in NextWave request “requires the Commission to issue a stay.” But awaiting D.C. Circuit’s ruling on NextWave “before granting the applications, and allowing winning bidders up to 30 days after the public notice announcing license grants to submit their final payments, would serve the interests of interested parties and would not undermine the Commission’s goals for the re-auction,” Verizon said. It argued that agency had leeway to allow auction winners more than 10 days to pay balance of winning bids. “The presumptive period of 10 days is an unrealistically short window for bidders to amass and arrange for the transmission of billions of dollars to the Commission,” company wrote. Thirty days would provide more “reasonable time to plan,” company said. Verizon asked FCC to deny NextWave petition, which seeks deferral of auction or conditional approval. In other comments, Alaska Native Wireless (ANW), designated entity with financial backing of AT&T Wireless, challenged standing of TPS Utilicom. TPS had petitioned to deny ANW license applications, saying carrier had failed to comply with FCC rules on entrepreneur status and very small bidder status and that its application lacked “requisite candor.” ANW told FCC that TPS wasn’t party in interest on its applications because it was “eligible to bid on none of the 44 licenses for which Alaska Native Wireless has applied.” TPS didn’t present “specific allegations” needed to raise question of fact that would warrant delaying grant of applications, ANW said. It also disputed TPS contentions that AT&T Wireless had de jure and de facto control of designated entity.