FCC will look at Telecom Act’s separate affiliate requirements fo...

FCC will look at Telecom Act’s separate affiliate requirements for Bell companies’ long distance units in notice of proposed rulemaking (NPRM) on agenda for agency’s May 16 open meeting. Telecom Act’s Sec. 272 specifies that separate affiliate rule will sunset on per-state basis 3 years after Bell companies get Sec. 271 approval for each of those states unless Commission takes steps to extend requirement. FCC will consider opening NPRM that will ask whether it should sunset or extend requirement. First Bell eligible for sunset is Verizon’s N.Y. unit in Dec. Next one would be SBC’s Tex. unit in mid-2003. Also for consideration on agenda issued late Thurs.: (1) Report and order on service rules for 27 MHz of spectrum transferred from federal govt. Spectrum includes 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz and 2385-2390 MHz. Spectrum includes several small blocks transferred under Omnibus Budget Reconciliation Act of 1993 and Balanced Budget Act of 1997. New allocations were designed to permit innovative wireless technologies. (2) Second report and order on regulations for spread spectrum devices. FCC approved proposal last year with changes that would reduce amount of spectrum that must be used for frequency-hopping spread spectrum systems at 2.4 GHz. (3) Order on extension of Oct. 5 deadline for DTV construction by some network affiliates in top-30 markets. (4) Rulemaking on remedial steps for those that have failed to comply with DTV construction deadline. (5) In separate item, Commission will consider order to allow private cable operators to use frequencies in 12 GHz band of cable TV relay service (CARS).