Correction: Southern Communications Systems, which is petitioning FCC to deny C-block license Salmon PCS won in recent auction, was identified erroneously as subsidiary of energy company Southern Co. (CD March 13 p5).
Satellite Bcstg. Communications Assn. (SBCA) voiced strong opposition to Real Estate Alliance petition to FCC for reconsideration of over-the-air reception device (OTARD) rule that would allow commercial property owners to control broadband services that are provided to renters in buildings they own. Commission said landlords couldn’t restrict renters’ access to services. Case is under review in U.S. Appeals Court, D.C. In filing, SBCA reiterated position that Real Access Alliance petition be denied by Commission and defended right of consumers to receive services. SBCA Pres. Charles Hewitt said Alliance petition “offers nothing new” and “merely mirrors the failed arguments that opponents have made in earlier filings.” He said that Commission actions were in best interests of public.
Former Secy. of Treasury Robert Rubin, now chmn. of Citigroup Exec. Committee, will keynote and FCC Chmn. Powell will be luncheon speaker for “The Big Picture 2001” conference April 3 in N.Y. Conference, co-sponsored by Salomon Smith Barney and Bcstg. & Cable magazine, also will feature interview with AOL Time Warner Chmn. Stephen Case and CEO Gerald Levin, conducted by David Frost. Panel (moderated by NBC anchor Tom Brokaw) titled “The Internet One Year After the Crash” will include Richard Balluzzo of Microsoft, Martin Nisenholtz of N.Y. Times Digital, Thomas Rogers of Primemedia, Barry Schuler of America OnLine and Jeff Taylor from Monster.com. Other conference speakers include News Corp. Pres. Peter Chernin, Hughes Exec. Vp Eddy Hartenstein, Cox Communications Pres. James Robbins, Sony of America Chmn. Howard Stringer, NBC Pres. Robert Wright, Washington attorney and ex-FCC Chmn. Richard Wiley, Viacom Pres. Mel Karmazin, CBS TV Pres. Leslie Moonves.
Advisory Council on Historic Preservation (ACHP) signed agreement at meeting in Little Rock Fri. designed to streamline communications tower colocation reviews. Agreement was crafted by FCC, ACHP and National Conference of State Historic Preservation Officers. Pact eases review procedures for colocating antennas on existing towers under Sec. 106 of National Historic Preservation Act (NHPA). State and tribal historic preservation officers had discussed procedural changes with communications industry following flood of new applications as result of recent growth in wireless communications towers. Wireless industry had sought changes as way to help relieve administrative backlogs that were delaying tower construction. Agreement is product of 7 months of industry and federal, state and tribal govt. negotiations. Under pact, most colocations on existing towers will be exempt from ACHP siting review procedures. Sec. 106 requires federal agencies to consider effects of their undertakings on historic properties. Agreement acknowledges that effect on historic properties of antenna colocations on towers is “likely to be minimal and not adverse.” FCC said Fri. that national agreement was designed to relieve “unnecessary administrative burdens” on agency licensees, tower companies, state historic preservation officers and Commission “while protecting the goals of the NHPA.” Agreement allows antenna to be mounted on tower built on or before March 16, 2001, unless it: (1) Will increase substantially in size, based on factors such as raising height by more than 10%. (2) Has been determined by FCC to have impact on one or more historic properties unless there’s “no adverse effect” finding. (3) Is under pending environmental review or FCC proceeding involving Sec. 106 compliance. Additional caveat includes cases where licensee or tower owner has received notification that FCC has received complaint about adverse effect. Colocation on towers constructed after March 16 also is covered with similar caveats. “This agreement provides for flexibility now for carriers and tower companies to move forward,” PCIA Senior Vp-Govt. Relations Robert Hoggarth said. “The fundamental advantage of this agreement is simply that it allows historical preservation officials to focus on the small percentage of towers that do have an impact.” FCC signed off on agreement last week after it had allowed additional time earlier this year for comments on draft from tribal representatives. “Tribal concerns need to be addressed in this process,” Hoggarth said. “The programmatic agreement is the beginning as opposed to the end,” he said, noting PCIA was meeting with representatives of southern and eastern tribes today (Mon.) to begin identifying model siting agreement. Still, FCC Comr. Tristani expressed concerns that agreement fell short of agency’s commitment to facilitate tribal consultation in agency regulatory processes. Commission received nearly 20 comments from tribal govts. on draft, she said. “The overwhelming majority told us our approach is not working,” Tristani said. “This response is prima facie evidence that our understanding of tribal consultation is misguided.”
FCC asked for comment on MPower Communications’ request for clarification of total element long-run incremental cost (TELRIC) methodology as it applied to loop conditioning charges. Comments are due April 16, replies May 7.
FCC voted Fri. to detariff international long distance services and gave carriers 9 months to transition to new arrangement. Action wasn’t surprise because FCC had voted to detariff domestic long distance service last year and carriers urged agency not to wait too long to take similar action for international services. Carriers had argued that it would be confusing to have one set of rules for domestic calls and another for international. FCC said carriers could detariff before end of 9-month transition period if they wished. Domestic detariffing goes into effect July 31 and some carriers have said they would like to do same thing for international at same time to avoid confusing consumers.
After struggling with technical difficulties of handling coin sent-paid calls through telecom relay services (TRS), FCC released proposal Fri. that it said finally would enable persons with hearing or speech disabilities to make TRS calls on payphones. New rules would enable TRS user to pay no more than person making non-TRS calls, Commission said. Americans with Disabilities Act requires common carriers to provide people with disabilities with services that are “functionally equivalent” to those available to those without disabilities. Attempt several years ago to require such equivalency for calls made with coins from payphones resulted in multiple suspensions of requirement. New proposal requires that phone carriers: (1) Not charge TRS users for making relay calls from payphones that otherwise would be local. (2) Enable TRS users to use calling cards, collect or 3rd party billing for toll calls from payphones. Users would be charged whichever was lower -- coin phone rate or rate from those other payment methods. (3) Conduct consumer education programs for TRS users. With TRS, callers type their conversations on text telephones called TTYs. Those messages are sent to TRS centers where they are read and forwarded verbally to persons at receiving end of call.
In long-awaited move to free up more spectrum for advanced wireless services, FCC approved notice of proposed rulemaking (NPRM) Fri. that begins process of tapping Ch. 52-59 in 700 MHz band for auction. Lower channels in that band must be auctioned before Sept. 30, 2002, one year after Sept. 12 auction for Ch. 60- 69. Commission approved item, with Comr. Tristani dissenting in part on voluntary band-clearing proposals to help relocate incumbent broadcasters ahead of 2006 digital TV deadline. FCC didn’t address budget blueprint by President Bush that would delay several wireless auctions, including proposed move of Ch. 52-59 auction until 2006.
Loral Space & Communications wants FCC authority to launch and operate hybrid Ku-band/C-band replacement satellite at 37.5 degrees W. Earlier, FCC considered and rejected arguments that Orion or Loral had rights to C-band authority at 37.5 degrees W. Petitions to deny are due April 16.
FCC denied request by Viacom for postponement of deadline for company to come into compliance with TV ownership cap as condition for transfer of CBS Corp. and other subsidiaries to Viacom. In its application for interim relief, Viacom had contended that it was likely to prevail in pending challenge to lawfulness of rule itself and argued that it would suffer irreparable injury as result of complying with condition. Rule prohibits grant, transfer or assignment of any TV licence to any entity if it would result in its having cognizable interest in TV stations with aggregate national audience reach exceeding 35%. FCC said to be successful in such request for relief, Viacom must demonstrate: (1) It has substantial likelihood of succeeding on merits. (2) It would suffer irreparable harm with grant. (3) Grant wouldn’t substantially harm others. (4) Relief would be in public interest. Commission concluded that Viacom had failed to demonstrate that postponement was justified. In dissent, Comr. Furchtgott-Roth said that while he reserved judgment on ultimate review of 35% ownership cap, he believed that facts before Commission and recent decision by U.S. Appeals Court, D.C., invalidating Commission’s cable ownership cap warranted interim relief sought by Viacom.