FCC Chmn. Powell and Rep. Dingell (D-Mich.), ranking minority member of House Commerce Committee, are among speakers at Mich. State U.’s 2nd annual Quello Center seminar on telecom policy April 4 at Capital Hilton -- Russ White, 517-432-0923.
Despite sharply divided Commission, FCC Mass Media Bureau approved 32 radio station license transfers in 26 markets, clearing 75% of backlog of long-standing license transfer applications. Approval sparked strong dissenting comments by Comrs. Ness and Tristani, and support by Chmn. Powell and Comr. Furchtgott-Roth. Ness said FCC should have begun systematic review of FCC licensing process at same time that decisions were announced, but Powell said implementation could be reviewed as part of pending rulemaking on radio market definitions. Stations generally were in medium and small markets. NAB Pres. Edward Fritts called announcement of action on radio licenses “welcome news.”
FCC denied TRW waiver request Mon. to provide fixed satellite services on certain channels in 38.6-40 GHz, saying company hadn’t provided sufficient showing to justify grant and requested waiver couldn’t provide relief company wanted.
Mont. Sens. Burns (R) and Baucus (D) sent letter to President Bush pushing Mont. PSC Comr. Bob Rowe (D) appointment to FCC. They said Rowe “is widely respected on both sides of the aisle for his expertise and evenhandedness. His ability to bring people together and move forward would be a great addition to the new team being assembled at the FCC.” Burns and Baucus acknowledged that Senate Commerce Committee ranking Democrat Hollings (S.C.) should get to fill first of 2 expected Democratic openings on Commission, but asked that Rowe be considered for 2nd. That would hurt chances of Andy Levin, staffer for House Commerce Committee ranking Democrat Dingell (Mich.). Sources recently have told us that Levin’s nomination was far from certain, although Dingell had publicly stumped for him.
CTIA said it supported Western Wireless request that FCC give it eligible telecom carrier (ETC) status so it could qualify for universal service funding for service at Pine Ridge Reservation in S.D. CTIA said determining whether FCC had jurisdiction was “balancing test” since primary jurisdiction usually was with state regulators. However, this is clear-cut, CTIA said. Because population of Pine Ridge is “overwhelmingly Native American,” Western Wireless’s service isn’t subject to state jurisdiction, “but is entirely within the scope of the FCC’s authority,” CTIA said. S.D. PUC denied Western Wireless’s request for statewide ETC status but CTIA said this petition was separate from that.
House Telecom Subcommittee Chmn. Upton (R-Mich.) and Senate Commerce Committee ranking Democrat Hollings (S.C.) highlighted differences Mon. between what legislative approaches could be expected this year from party leaders on ownership caps and programming content regulation. Speaking at NAB state leadership conference in Washington, Upton also said he opposed White House proposal (CD March 2 p1) to require lease fees for broadcasters keeping analog spectrum beyond 2006 digital TV transition deadline.
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.