FCC let AT&T off hook on MediaOne deal compliance conditions Fri. evening, suspending 2 pending deadlines for company to dispose of some key cable assets. In 3-1 vote, Commission said it was lifting deadlines to give itself “an opportunity to determine the relationship, if any,” between obligations that agency imposed on AT&T-MediaOne acquisition and recent U.S. Appeals Court, D.C., ruling that held cable ownership limits to be unconstitutional. Brief order covers both May 19 deadline for AT&T to sell its 25.5% stake in Time Warner Entertainment (TWE), spin off Liberty Media or shed cable systems with 9.7 million subscribers and today’s deadline for AT&T to state whether it would be able to comply by May 19. Agency officials offered no guidance on when they would decide whether to seek rehearing by appellate court, appeal to U.S. Supreme Court or change congressionally required limits.
Whether it’s “the new [Powell] Commission or prior Commissions,” provisions of Communications Act banning broadcast indecency aren’t being enforced, Comr. Tristani charged. “We have a very clear law” on indecency, she told us in explaining her recent statements objecting to several Enforcement Bureau actions dismissing indecency complaints (CD March 1 p9). Law already has been upheld many times by courts, so there’s no First Amendment issue or need for congressional action, she said in interview: “This is about protecting our children.”
Coalition of 21 broadcasters and others urged FCC to delay its pending auction of 700 MHz spectrum yet another time so that they could have more time to work out private deals to vacate TV Ch. 60-69. Led by Paxson, group representing 42% of 99 analog stations now operating in that spectrum petitioned Commission to postpone auction to next Jan. from Sept. 12. Group, which also includes Entravision Holdings, Jovan Bcstg., Pappas Telecasting, Shop at Home and Sinclair Bcst. Group, proposed 8-step band- clearing plan that generally would allow in-band broadcasters to switch to their digital slot or another station’s analog position. Paxson Chmn. Lowell Paxson said he expected more broadcasters to sign petition in next few weeks.
LAS VEGAS -- Several Latin American regulators, speaking on prelude to CTIA Wireless 2001 show here, urged greater regional harmonization of wireless rules and frequency selections as policymakers wrestled with issues such as how to bolster universal service and roll out 3G. “We have not achieved total integration in Latin America to facilitate communications,” Argentina’s Communications Secy. Henoch Aguiar said, noting that in some cases it’s more expensive to connect between 2 countries in region than with callers elsewhere.
WildBlue (WB) made stinging rebuttal to Pegasus in FCC filing Fri. that asked Commission to reconsider decision to issue WildBlue spectrum license for intersatellite links in first Ka- band processing round (CD March 16 p5). WB said Pegasus charges were substantively and procedurally flawed and were effort to expropriate licenses. WB said Pegasus had no legal authority to ask that licenses be taken away for failure to meet milestones that Commission hadn’t imposed. Petition by Pegasus is meritless, WB said.
FCC seeks comment on petition filed by CTIA Nov. 22 requesting that Commission begin rulemaking to implement Sec. 222 (f)(h) of Communications Act to adopt proposed location information privacy principles. CTIA wants to assure consumers’ wireless location information is guarded while permitting carriers to develop new location-based services. Assn. proposes: (1) Adoption of principles that would provide for notice, consent and security and integrity of wireless location information. (2) Rules that would provide safe harbor for any location information service provider that ascribed to privacy principles. (3) Assurance that privacy principles be technology-neutral so mobile consumer privacy expectations would be satisfied no matter what type of mobile device or roaming market was used. Comments are due April 6, replies April 17.
In fresh twist on old dispute, Hollywood studios, major broadcast networks, consumer electronics manufacturers and software developers are battling over whether over-the-air TV signals should be encrypted like digital programming carried over cable and satellite. Led by CBS, ABC and Fox, broadcasters are fighting 5C copy protection technology in Congress and at FCC, arguing that technology wouldn’t prevent their terrestrial TV broadcasts from being copied repeatedly by consumers or distributed by Internet pirates. But they're fiercely opposed by consumer electronics industry, which is pushing to preserve home copying rights of consumers for over-the-air programming. Meanwhile, 7 major Hollywood studios were split over issue, with 5 backing broadcasters but 2 willing to break ranks and adopt 5C technology.
FCC decisions aiming at speeding DTV transition could actually “slow or stymie the transition” unless they're changed, NAB, MSTV and ALTV said in joint petition for reconsideration (MM 00-39). Petition said many of decisions were based on what it considered unrealistic 2006 deadline for analog channel giveback, and were done “virtually in the abstract” since there was little real-world experience with DTV. Decisions “disproportionately and unfairly burden broadcasters without advancing the goals of a speedy and effective digital rollout,” broadcasters said. They asked FCC to reconsider its decision not to establish minimum performance thresholds for DTV receivers, saying they were “necessary step in remedying many of the performance shortfalls experienced by DTV viewers.” They said recent testing of 8-VSB system showed that market wasn’t enough on receiver improvements: “While receiver improvements are being made, progress is slow and inadequate.” Other changes sought by broadcasters include: (1) Current deadlines for broadcasters to replicate their existing signal service area and choose which will become their final DTV channel are “premature.” (2) Tougher principal community coverage requirement would “create undue hardships.”
Sens. Crapo (R-Ida.) and Akaka (D-Hawaii) introduced that would guarantee spectrum for amateur radio operators, action they said would ensure backup for emergency communications systems during disasters and promote experimentation and development of new circuitry and techniques to increase effectiveness of spectrum. S-549 would amend Sec. 303 of Communications Act to: (1) Prevent reallocation of primary frequencies. (2) Require that secondary frequency allocations not be diminished. (3) Prevent FCC from making additional allocations within those frequencies unless it “provides equivalent replacement spectrum” to amateur radio or amateur satellite services. Crapo said bill was necessary in light of 1997 Budget Act provision enabling FCC to auction spectrum used by amateur operators.
FCC opened rulemaking on transitioning Bcst. Auxiliary Service (BAS) to digital. Commission also proposed conforming some rules of BAS, which is used for electronic newsgathering and studio-transmitter links, with those of Cable TV Relay Service (CARS) and fixed microwave service. FCC said new rules would allow end-to-end digital broadcasting in any BAS band and would simplify rules and increase spectrum efficiency. Commission also proposed to allow movie and TV producers to use wireless assist video devices on unused TV channels as long as incumbent users were protected from interference.