FCC sought comment on application by Business Telecom (BTI) and Welsh, Carson, Anderson & Stowe VIII and WCAS Capital Partners (WCAS entities) requesting Commission approval of indirect, de facto transfer of control of BTI blanket domestic Sec. 214 authority to WCAS. Request is part of transaction in which WCAS entities would acquire de facto control of BTI parent company BTI Telecom. Despite change of parent, BTI would continue to service its customers under existing service arrangements. Comments are due March 27, replies April 3.
FCC Enforcement Bureau announced $88,000 fine against SBC Thurs. for violating reporting requirements imposed before agency’s approval of merger application of SBC and Ameritech. In merger order, FCC required SBC to file detailed monthly reports on its response to requests for facilities and services from rivals and end customers. Through independent auditor and underlying data from SBC monthly reports, Commission determined that carrier had used incorrect benchmarks and had excluded key data for up to 13 months.
James Lichtman promoted to senior litigation counsel, NBC… Edward Hill advanced to corporate dir.-imaging and format development, Citadel Communications… Kathleen Keefe, ex-Post- Newsweek Stations, becomes vp-sales, Hearst-Argyle TV… Christopher McLean, ex-U.S. Agriculture Dept. Rural Utilities Service administrator, named vp, national strategies and counsel, ComCare alliance… Jonathan Nuechterlien, ex-FCC, joins Wilmer, Cutler & Pickering as partner… Scott Ray, ex-BarterTrust, named exec. vp-CFO, OpenTV, replacing Randy Livingston, who moves to Stanford U… Clark Bunting, ex-Animal Planet, appointed exec. vp- gen. mgr., Discovery Channel, succeeding Michael Quattrone.
Differing filings with SEC and FCC on same proposed service by WildBlue (WB) Communications are being challenged by rival Pegasus. In FCC filing, Pegasus accused company of “willful misrepresentation” to gain “milestone deferrals” and valuable Ka- band spectrum allocation. WB said in 2000 SEC filing that it wouldn’t build satellite equipped with intersatellite links (ISLs), but in later FCC filing received milestone waivers for ISLs based on premise that satellites would have them.
AT&T said it was “encouraged” that FCC shortened lag time between carrier’s accrual of revenues and assessment of its Universal Service Fund (USF) contribution (CD March 15 p5). However, that won’t solve problem entirely, carrier said. AT&T said it looked forward to participating in FCC’s upcoming proceeding to consider ways to simplify entire USF cost recovery process and eliminate lag entirely.
WESTMINSTER, Colo. -- Looking beyond its limited technical and operational test of multiple-ISP choice in Boulder, Colo., AT&T Broadband plans to start larger marketing trial in Boulder in May and much bigger marketing trial in Boston area in fall. Speaking at CableLabs media briefing here Wed., AT&T Broadband Senior Vp Susan Marshall said MSO would test carriage of up to 10 ISPs in each market as it prepared for commercial rollout of service in major cable markets, starting in mid-2002. She said company also would test choice of transmission speeds and prices, as well as choice of various additional services. “We are very, very committed to this,” she said, saying that company had spent $20 million getting ready for its trial in nearby Boulder and was likely to spend another $20 million preparing for its Boston pilot.
Group of companies that provide competitive transport services to CLECs asked FCC to rule that Sec. 224 of Telecom Act permits them to extend fiber to CLECs colocated in ILEC central offices. Coalition of Competitive Fiber Providers (CCFP) asked agency in petition Thurs. to rule that Sec. 224, which requires ILECs to provide access to duct, conduit or rights-of-way, applies to central office facilities. Patrick Donovan, attorney representing coalition, said petition was significant because it raised issue on Sec. 224 that hadn’t been addressed before and could make it easier for competitive fiber providers to serve CLECs. It also could solve CLEC-ILEC cross-connect issue pending as part of U.S. Appeals Court, D.C., remand of FCC’s colocation order. FCC is considering whether CLECs can cross-connect in ILEC central offices under Sec. 251 of Act. Petition provides additional basis -- Sec. 224 -- for FCC to make affirmative decision, Donovan said. Coalition is composed of American Fiber Systems, Fiber Technologies, Global Metro Networks, Telergy, Telseon Carrier Services. Petition said FCC’s definition of conduit and duct was broad enough to encompass all wiring distribution systems used in ILEC central offices.
FCC sought comment on PCIA request for rule change on modifications in paging stations. Assn. asked that Commission treat as minor modifications expansions of paging composite interface contours (CICs) that occur solely beyond land border of U.S. or over large bodies of water. Comments are due April 16, replies May 1.
FCC said it was prepared to grant TRW’s application for 100 licenses to operate in 39 GHz band. Grants will be made upon payment of remaining balance of TRW’s winning bid by March 28.
U.S. Appeals Court, D.C., struggled Thurs. with how to balance bankruptcy law against FCC’s regulatory role to cancel PCS licenses of NextWave for missed payment. Before crammed courtroom, NextWave attorney Theodore Olson repeatedly cited section of bankruptcy code that bars any agencies from revoking licenses solely because licensee is bankrupt or hasn’t paid debt that is dischargeable. In one hour and 15 min. of oral argument, which ran beyond allotted time of 30 min., judges wrestled with how to reconcile Commission’s regulatory obligations to license spectrum against its role as creditor in bankruptcy proceedings. Judges David Tatel and David Sentelle pressed FCC attorney Daniel Armstrong on whether agency was asking court to read regulatory exception into Bankruptcy Code provision that bars license cancellation under some bankruptcy scenarios. “How would we do that? Congress didn’t write one,” Tatel said.