Original C-block bidder Airadigm is awaiting answer to petition for reinstatement of its PCS licenses, which FCC cancelled after carrier missed payment after entering bankruptcy in July 1999. Petition still is pending before agency nearly one month from oral argument before U.S. Appeals Court, D.C., March 15 in litigation involving NextWave, bankrupt C-block bidder that also had its licenses cancelled for nonpayment. Airadigm has pointed out that only similarity between it and NextWave is that both are C-block bidders that entered Chapter 11 protection and missed installment payment for licenses. Because of disparities such as fact that Airadigm is offering service and NextWave isn’t, question is whether 2 carriers potentially could be treated differently by Commission. Proceeding raises complex web of legal issues for FCC, making outcome uncertain, industry observers said. At press time, item on Airadigm petition wasn’t yet circulating on 8th floor. Meanwhile, group of large carriers asked Commission to put off Airadigm decision longer, citing how circumstances had changed since NextWave litigation began.
In comments filed with FCC, CTIA called draft agreement on streamlining wireless antenna colocation review procedures “a step in the wrong direction.” Nationwide program agreement (NPA) was drafted by staffs of FCC, Advisory Council on Historic Preservation (ACHP), National Conference of State Historic Preservation Officers. Point is to try to streamline reviews involving whether proposed transmission facility may affect historic properties. CTIA pointed out that if licensee determines after review that proposed facility doesn’t affect historic property, FCC isn’t required to conduct further processing. But under draft, “any person, whether qualified or not, at any time can allege at the FCC that the proposed colocation has an adverse effect on historic properties,” CTIA said. As result, Sec. 106 process under National Historic Preservation Act could be invoked to delay proposed antenna siting “based on nothing more than a mere allegation of an adverse effect,” CTIA argued. Draft proposal would allow colocations on wireless towers constructed on or before Dec. 31, 2000, without further review unless certain exceptions apply. Draft stipulates that attaching antenna can’t result in major increase in tower size. CTIA is calling on NPA to recognize that “colocations are generally in the public interest and are categorically unlikely” to adversely affect historic properties. Group said that would limit cases subject to review to scenarios where facility increases substantially in size, prior finding of unmitigated impact on historic properties or pending environmental review. Otherwise, CTIA said burden should be on ACHP and state or tribal historic preservation officers to provide evidence of impact on historic property. Late last year, issue of how to craft interim proposal for colocation generated disagreement among some state historic preservation officers, who have been addressing increased loads of applications for proposed colocations. MG
As FCC Chmn. Kennard departs today, he leaves legacy as extremely decent man who might have been more effective if he were more of a politician, industry officials told us. “He is a prince of a man, honorable, honest,” said one telecom lobbyist. “But I don’t believe he’s a politician at heart and it’s hard for that kind of person to survive the political cauldron in Washington.” No one we talked with disputed Kennard’s honorable nature. Even his ideological opposite, Comr. Furchtgott-Roth, said Thurs. that he viewed Kennard’s departure to make way for Republican as “somewhat bittersweet” because Kennard was “one of the finest, most decent individuals I've ever met.”
FCC seemed to please no one with its compromise instant messaging (IM) conditions on its approval of AOL takeover of Time Warner (TW) last week (see separate story). Despite pleas of Democratic Comr. Tristani, agency chose not to require AOL-TW to provide immediate interoperability for competing IM providers, even when IM services were provided over TW’s cable platform. Instead, it mandated interoperability on hypothetical future IM services such as streaming video, which it labeled “advanced, IM- based high-speed services (AIHS).” AOL-TW also must file progress report with FCC every 180 days on steps it has taken toward IM interoperability. Competing IM providers immediately criticized conditions as ineffective, while many said FCC should have imposed no conditions at all.