Satellite digital audio radio service (DARS) operators could install more than 1,000 high-power terrestrial repeaters under rules proposed to FCC by DARS operators, Wireless Communications Assn. (WCA) said. In ex parte filing at FCC, WCA said “such proposed rule is unacceptable” but said it would be willing to consider more limited approach. DARS officials said they don’t plan to use nearly 1,000 high-power repeaters, but rules were crafted to allow some flexibility. “We currently plan to install only about one hundred repeaters nationwide,” Sirius Senior Vp- Gen. Counsel Patrick Donnelly told us. XM Satellite Radio has indicated it plans to use mostly low-power repeaters. DARS terrestrial repeaters, which are used to fill gaps in satellite- delivered service caused by terrain or buildings, use same frequency as microwave transmitters used by wireless communications service (WCS), former wireless cable. WCA didn’t object to low-power repeaters (below 2 kw), but said too many high-power repeaters (up to 40 kw) would cause undue interference. Rules proposed by Sirius Satellite Radio would allow unlimited number of low-power repeaters, plus hundreds of high-power repeaters based on several criteria, including specific numbers per geographic area and unlimited numbers where they have been coordinated “on a co-equal basis” with WCS. WCA said it urged DARS operators to provide information on exact deployment plans as soon as possible so it could fully analyze impact of proposed rules.
As expected, FCC issued decisions Wed. modifying licenses of 10 companies to launch and operate geostationary (GEO) satellites to provide fixed satellite services (FSS) with intersatellite links (ISLs) in Ka-band (CD Jan 31 p1). Companies also received downlink operating frequencies for satellite-to-user transmissions. Holders of 10-year licenses also are required to coordinate service with U.S. govt., NTIA, ITU and each other. Motorola, EchoStar, CyberStar, GE Americom, Hughes, Loral Space, PanAmSat, Teledesic, VisionStar and WB Holdings were recipients of modified licenses. In wide-reaching orders from International Bureau, Commission set stage for companies to offer broad range of advanced broadband services, including telephony, video, high- speed Internet, data. Each of licensees received additional 250- 500 MHz of spectrum.
FCC could issue 11 Ka-band rulemaking and orders as early as today (Wed.), Commission spokesman said. Decisions would grant intersatellite link (ISL) authorizations and impose construction milestones on several Ka-band licensees. New milestones would require companies holding licenses to sign construction contracts for Ka-band satellites within one year and begin launch operations shortly thereafter or face losing licenses unless there were “extenuating circumstances” that forced delays, spokesman said: “The idea is milestones that are established should be kept.” Actions could set tone for 2nd-generation broadband market, industry sources said, and companies are working privately on compromise to stave off FCC-mandated order.
Northpoint Broadwave USA, widely seen as company with strong backing from outgoing Democrats, believes it has enough political muscle with Republican leaders at FCC, Administration and on Hill to obtain license for its terrestrial service, which would provide video and data services by sharing satellite spectrum. Industry rivals, including Satellite Bcstg. & Communications (SBCA, EchoStar and DirecTV, have accused Northpoint of using its close ties with former FCC Chmn. William Kennard, a Democrat, and Clinton-Gore Administration to gain acceptance for its service, which would compete with satellites. “A rose is a rose by any other name and there is no question on how they got their foot in the door,” said SBCA VP Andy Paul.
PCIA no longer plans to take “active role” in spectrum cap issue, PCIA Pres.-CEO Jay Kitchen said this week. FCC released notice of proposed rulemaking this month seeking comments on continued relevance of keeping 45 MHz spectrum cap in place for most markets except rural areas, where cap is 55 MHz. In past, PCIA had championed smaller carriers that had urged Commission to keep ceiling intact. “PCIA recognizes that there have been many changes in market dynamics since then, and spectrum availability is key to the delivery of the third-generation products that ultimately benefit the consumer,” Kitchen said. Issue now is “moot” as FCC is making new spectrum available without cap restrictions, he said. For upcoming March 6 700 MHz auction, for example, spectrum cap doesn’t apply.
LOS ANGELES -- In generally positive speech about satellite industry in particular and growth of DBS in particular, Tom Tycz, chief of FCC Satellite & Radiocommunications Div., told Carmel Group DBS 2001 conference here Tues. that expected growth in satellite as delivery mechanism of broadband data delivery system could quickly tax current satellite capacity.
Detroit City Council is seeking to resolve carriage dispute between Comcast and 2 Detroit low-power religious broadcasters. MSO dropped 2 stations owned by African-Americans for failure to pay leased access fee, sparking ire of many council members. As result, 3 members asked council’s Research & Analysis Dept. to consider whether carriage of local low-power stations could be required in Comcast’s franchise agreement, which is under renewal talks. Comcast, which is negotiating with 2 stations, since has reinstated one of them, WLPC-TV (Ch. 26).
Dept. of Justice and FBI submitted petition to FCC outlining conditions related to national security in pending merger of VoiceStream, Powertel and Germany’s Deutsche Telekom (DT). Companies earlier this month disclosed in SEC filing that they had entered into agreement with DoJ and FBI on national security and law enforcement issues. Companies and federal law enforcers said at time they jointly had asked FCC to defer granting applications for merger approval until after agreement was reached. FCC filing said agreement paid “particular attention” to provisions that would limit control or influence of German govt. through exercise of its control of DT as direct or indirect shareholder. Scrutiny is focused on “day-to-day management” of DT in way that would interfere with carrier’s obligations under agreement. German govt. now has 60% stake in carrier, which will be diluted to 45% after Powertel and VoiceStream deals close. Agreement also covers future U.S. subsidiaries that DT acquires. Under agreement, carrier will make available in U.S. information such as stored domestic communications, electronic communications, subscriber data, billing records, transactional and call-associated data. DoJ and FBI said they had no objections to FCC’s granting proposed license transfers.
FCC ordered Intelsat to disclose confidential information about operations. Intelsat didn’t want to release information in draft Shareholders Agreement and Bylaws sought by outside sources. PanAmSat had filed petition reminding FCC that information Intelsat attempted to protect was provided routinely by other companies. Commission said information was needed to be made public to help others participate in rulemaking. FCC also extended deadline for comments to Feb. 22 and reply comments March 12.
MPAA supports efforts by FCC to impose nonduplication, syndicated exclusivity and sports blackout rules under Satellite Home Viewer Improvement Act (SHVIA). In Mon. filing with Commission, MPAA said protecting parties rights to engage in contract negotiations with knowledge that exclusive agreements “would not be abrogated by importation of distant signals is fundamental” whether cable systems or satellite carriers retransmit distant broadcast signals. EchoStar “seeks to delay and erode obligations” placed on it by new roles by asking Commission to increase 120-day transition period to 1-year to implement program, MPAA said. MPAA said EchoStar has had more than enough time comply with new rules: “EchoStar now acts as if like Rip Van Winkle it has awakened to vastly changed landscape.”