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.
Wireless Communications Assn. International (WCA) is opposing petition for reconsideration filed by Satellite Industry Assn. (SIA) on 2.5 GHz that Multipoint Distribution Service (MDS) and Instructional TV Fixed Service (ITFS) licensees use. SIA petition argued that fixed wireless incumbents in 2.5 GHz could share bands with mobile satellite service (MSS). But WCA contended SIA had presented no technical information to Commission on how that could be done. Earlier this year, FCC denied another petition by SIA seeking reallocation of 2.5 GHz band to MSS licensees based on previous ITU decision. “SIA’s petition for reconsideration provides no justification for the Commission to now reverse field and cripple the ongoing deployment of MDS/ITFS broadband service solely to provide additional spectrum for the financially shipwrecked MSS industry,” WCA wrote. WCA said SIA relied on “mistaken” assumption that MDS/ITFS licensees would be deployed mostly in urban areas, away from MSS operations in less densely populated areas. “The Commission has already found that MDS/ITFS systems may be the only provider of broadband service in rural and other underserved areas,” WCA said.
Telergy and group of affiliated companies seek FCC exempt telecom company status for each under Public Utility Holding Company Act. Telergy companies directly or through respective telephone operating subsidiaries provide facilities-based integrated broadband telecom services and fiber capacity throughout U.S., primarily in Northeast. Companies will use conduits, facilities and right-of-ways purchased from Consolidated Edison, Jersey Central Power & Light, Metropolitan Edison, Niagara Mohawk Power, Pa. Electric, others.
Qwest turned to General Accounting Office (GAO) for relief last week after losing agency-level protest at General Services Administration (GSA) over bridge contract for FTS 2001 program. Qwest filed protest with procurement law control group of GAO over most recent extension contracts awarded to AT&T and Sprint, incumbent bidders for original FTS 2000. Qwest had filed challenge at GSA in Dec. (CD Dec 18 p2), contending sole-source interim contracts carried rates that on average were 25% higher than those for original FTS 2000 contract and that GSA should have bid work competitively. Interim contracts were awarded in Dec. after GSA missed target for shifting federal agency telecom traffic to FTS 2001 awarded to Sprint and WorldCom from old FTS 2000. Qwest raised same concerns with GAO last week as it did in GSA agency protest. Agency protest official Donald Suda said GSA decision not to seek competitive bids for interim contract was business judgment, upholding GSA decision. Qwest told GAO its protest was based on contentions that: (1) GSA violated procedural mandates of Competition in Contract Act (CICA) and Federal Acquisition Regulation. Qwest argued GSA didn’t prepare justification document for deciding not to seek competitive bids until after contracts were awarded. (2) Agency couldn’t justify sole-source awards on basis of “unusual and compelling urgency” because it knew for at least 4 months beforehand that more service coverage under FTS 2000 would need to be awarded. “Yet it failed to conduct any planning for such a procurement,” Qwest said. (3) GSA failed to demonstrate prices in bridge contract extensions were fair and reasonable. Because CICA requires this demonstration, GSA’s action “renders the bridge contracts voidable.” In particular, Qwest took aim at GSA arguments that company couldn’t provide national long distance service under federal telecom contract because it didn’t yet have FCC approval to provide interLATA services in former U S West region. “GSA’s position misses the central point: Qwest is permitted to team with a long distance provider capable of providing service in Qwest’s ‘in-region’ territory and thus submit a proposal fully responsive to GSA’s requirements,” Qwest told GAO. Qwest Govt. Systems Div. Senior Vp James Payne said Fri. company disputed GSA’s characterization of company’s compliance with Sec. 271. Teaming arrangement could have been made with contract partner for states in which long distance approval hadn’t been received yet, he said. “To say that ‘you are not allowed to provide services in all 50 states,’ that is going way beyond the rules of the FCC,” Payne said. “It’s bad policy.” GSA wasn’t available for comment.
FCC seeks comment on Qwest application to discontinue telecom facilities in 38 Ariz. exchanges. Qwest said it would transfer 38 exchanges to Citizens Utilities Rural Co. as part of sale between 2 companies. Collectively, 38 exchanges serve 158,000 access lines, with 300 physically located in Utah. Application said planned transfer would have no known effect on service provided in those exchanges. Comments are due April 13.