Four carriers filed petitions to deny or delay awards of certain FCC C-block licenses won in $17 billion auction of 422 licenses in Jan. Despite some expectation that petitions to deny would focus on financial backing of designated entities by larger carriers, only one challenge centers on these arrangements. Three others urge FCC to first allow courts or agency itself to make final decisions on licenses previously cancelled for non-payment. NextWave filed petition asking agency to delay spectrum awards until U.S. Court of Appeals, D.C., issues opinion on its licenses cancelled for non-payment and subject of lengthy court proceedings. Notable absence among petitioners was Allegheny Communications, which has been vocal critic of arrangements such as Cingular’s 85% stake in designated entity Salmon PCS. Allegheny, which was widely expected to file petition to deny, instead struck $15 million deal with AT&T Wireless Fri. for PCS licenses in Tex., making challenge unnecessary because company will receive spectrum it sought, attorney said. Besides NextWave, carriers that filed petitions were 21st Century Telesis, TPS Utilicom and Southern Communications Systems.
Mobile Satellite Users Assn. filed comments with FCC Fri. supporting Deere & Co. application for blanket authority to operate up to 10,000 non-common carrier, receive-only domestic earth stations linked to Inmarsat II F-2 Satellite.
Eschelon Telecom dropped complaint against AT&T it filed with FCC Feb. 15 alleging that AT&T had failed to pay access charges. With both parties in discussions, Eschelon requested and was granted permission to withdraw its complaint without prejudice.
AT&T urged FCC to suspend its deadlines for MSO to shed key cable assets to comply with agency’s MediaOne order last year, following March 2 U.S. Appeals Court, D.C., decision striking down agency’s cable ownership rules (CD March 5 p1). In meeting with members of FCC’s Office of Gen. Counsel and Cable Bureau Thurs., AT&T officials and outside attorneys suggested that Commission “suspend the deadlines for AT&T’s compliance steps pending further action by the Commission in light of the court’s decision.” Request was revealed in brief ex parte letter to FCC released Mon. by AT&T, which now exceeds 30% ownership cap because of MediaOne deal.
Peter Shields, Wiley, Rein & Fielding, named pres.-elect, Federal Communications Bar Assn… Peter Davidson, ex-Qwest, named gen. counsel, U.S. Trade Representative… Ex-FCC Gen. Counsel Christopher Wright will move to Harris, Wiltshire & Grannis April 2 to head its appellate practice… Andrew Fessel, ex-Jupiter Media Metrix, appointed vp-wireless Internet intelligence, Telephia… Changes at BigBand Networks: James Rodgers, ex- PowerTV, named COO; Ed Thompson, ex-Harmonic, appointed vp- business development for cable networks; Michael Taylor, ex- nCube, named vp-business development for IP networks… James Jochum, Accenture, nominated by President Bush to be Asst. Secy. of Commerce for Export Administration… Promotions WFYI Indianapolis TelePlex: Jeanelle Adamak and Alan Cloe advanced to exec. vps; Steve Jensen promoted to vp-engineering; James Duvall steps up vp-audio services and radio station mgr.; Gail Thomas- Strong moves up to dir.-learning services; Donald Newman promoted to dir.-Ind. Reading & Information Services; Thomas Ewing advanced to dir.-corporate development… Julie Roth, ex-Motorola, appointed vp-mktg., U.S. Wireless… Marianne Goode, ex-Rondor, joins Lifetime TV as vp-music… David Lazzo, ex-KCFX-FM Kansas City, named midwest account executive, Fox Sports Net… Robert Acquaotta, ex-Sesame Workshop, named dir.-online sales, American Baby Group, Primedia Consumer Magazines… Michael Yudin, ex- Telescene Entertainment, named pres., Magnum Productions unit of Magnum Sports & Entertainment.
FCC will consider mandatory detariffing of international telecom services at agenda meeting Fri. This would be companion to agency’s order last year requiring detariffing of domestic long distance services. Domestic detariffing for mass markets has been delayed until July while agency considers possible international action. Industry has told FCC it would be administratively difficult and confusing to customers to have detariffed rates domestically but not internationally. Industry source said carriers want July start date for both, but with 9-month implementation to ease transition for residential services. Also on agenda is start of rulemaking on licensing, technical and service rules for new users of 700-MHz band, which FCC plans to auction after broadcasters move out of spectrum. Spectrum is expected to be used for wireless communications. Commission also will consider revisions in technical rules for broadcast auxiliary, CARS, fixed microwave, other spectrum.
S.C. Dept. of Consumer Affairs urged S.C. PSC to delay action on industry proposals for area code overlays in 803 (Columbia) and 843 (Florence) areas and seek FCC authority to implement 1,000- block number pooling and other code conservation measures. Consumer agency said Thurs. that mandatory 10-digit local dialing required with overlays would cause confusion and inconvenience that could be delayed or avoided if PSC took advantage of code conservation measures. Codes now are projected to run out of numbers in spring 2003. Agency said FCC had granted 30 states expanded number conservation authority.
“No further action is warranted” in case of allegedly subliminal anti-Gore message in Republican National Committee ad last fall, FCC Enforcement Bureau said. Most of stations that aired it weren’t aware word “RATS” appeared in it, according to FCC investigation, and others believed it was acceptable because it included identifiable appearance by candidate.
Former FCC official Janis Obuchowski now is front-runner for one of 2 Republican vacancies on Commission, according to GOP sources. Her appointment would fulfill Administration’s desire to retain woman commissioner after Democratic Comrs. Ness and Tristani leave, we're told. Obuchowski was NTIA dir. in first Bush Administration and now is international consultant.
FCC closed book late Fri. on last spring’s nasty Time Warner- Disney programming fight, approving consent decree with AOL Time Warner that excused MSO from further sanctions for cutting off ABC in 7 markets for 2 days. Under decision by Cable Bureau, AOL Time Warner evaded any fines for its role in retransmission consent dispute but volunteered to make $72,000 contribution to U.S. Treasury. Cable Bureau held that MSO, while at fault for turning off ABC last May, responded to problem quickly by providing prompt subscriber refunds and taking other conciliatory steps. Contribution is based on $750 payment for each of 96 cable systems.