As expected, the FCC took action Wed. to “hasten” the DTV transition by commencing an open channel election process in Nov. and setting firm deadlines. “We take today’s actions, most notably to set channel election and replication and maximization deadlines not only to bring consumers more over-the-air digital services, but to help usher in the beginning of the end of the DTV transition,” said FCC Chmn. Powell. Much of the process is in tune with previous recommendations from MSTV, said Rick Chessen of the FCC’s DTV Task Force. The FCC also agreed to eliminate, for now, the simulcasting requirement to permit the transmission of additional programming on DTV channels. The FCC deadline includes a Dec. date where stations with 2 in-core channels elect the DTV channel they prefer. In July 2005, stations with a current in-core channel assignment select a channel from those available after the first round of selections. In Jan. 2006, stations that haven’t been assigned a channel or assigned Ch. 2-6, may elect a channel. By Aug. 2006, the Commission expects to issues a proposed rulemaking on the new DTV table of allotments. The Commission clarified its digital closed captioning rules to ensure that those services are consistently and effectively delivered. The FCC also mandated that after an 18-month transition period, all DTV receivers contain V-chip functionality that will permit the current TV ratings system to be modified. Separately, the Commission officially issued a notice of proposed rulemaking concerning the effectiveness of EAS and how it can be improved. The Commission had previously said it would address EAS concerns. The Commission has already begun to coordinate with the Dept. of Homeland Security, FEMA, the Dept. of Commerce and the National Oceanic and Atmospheric Administration’s National Weather Service. The FCC also seeks participation from state and local emergency planning organizations.
President Bush late Fri. announced 20 more recess appointments, bypassing Senate confirmation. Two appointments were to the FTC, including Deborah Majoras as chmn. and Jon Leibowitz as comr. Majoras will replace Republican Chmn. Timothy Muris, while Leibowitz is taking the Democratic seat held by Mozelle Thompson. Sen. Wyden (D- Ore.) has had a hold on Majoras’ nomination, accusing her of being unwilling to use the FTC to pursue oil companies about gas prices. It led him to use a Senate procedural move to block a Senate Commerce Committee markup at which Majoras was to be voted on, a move that infuriated Chmn. McCain (R- Ariz.). Wyden’s maneuver also meant Leibowitz wasn’t considered at the markup. Majoras headed the Justice Dept. Antitrust Div. earlier in this administration. Leibowitz, currently with MPAA, had worked for Sen. Kohl (D-Wis.) on the Senate Judiciary Antitrust Subcommittee. Recently Bush used a recess appointment to name Michael Gallagher dir. of NTIA. He had been acting dir. Jon Dudas has for months been acting dir. of the U.S. Patent & Trademark Office; he also was among the recess appointments. Another was Albert Frink, named asst. secy. for manufacturing at the Commerce Dept.
The FCC asked what the impact of violent programming has on children, after being urged by Congress to tackle the issue. In a 14-page notice of inquiry Wed., the FCC asked a plethora of questions, including whether the FCC can extend its definition of indecency to include violent programming. Comments are due Sept. 15, replies Oct. 15.
Regulation is a key element in the Bush administration’s push for greater broadband deployment, officials said Wed. At a briefing for reporters on the administration’s efforts to promote multiple broadband options for consumers, Office of Science & Technology Policy (OSTP) Dir. John Marburger said “regulation is necessary” to prevent interference and support standards: “It’s an essential function of government.”
The 9/11 Commission recommended in its report (www.9- 11commission.gov) that Congress “support” legislation that would open more spectrum for first responders. The report goes into great detail about communications problems among police, fire and other emergency responders on Sept. 11, 2001. There were communications problems at both the World Trade Center and Pentagon sites, the report said, and these problems prevented some firefighters in WTC from receiving evacuation orders. Though the report doesn’t endorse specific legislation, its description of legislation that “provides for the expedited and increased assignment of radio spectrum for public safety purposes” is identical to the bill description for HR-1425, from Rep. Harmon (D-Cal.) The Homeland Emergency Response Operations Act (HERO Act) would set a hard return date of Dec. 31, 2006, for return of analog spectrum from broadcasters. The bill would require the FCC to reassign 764-776 MHz and 794-806 MHz frequencies to public safety organizations. That spectrum has been set aside by the FCC for public safety but is currently occupied by broadcasters. In recent House Commerce Committee hearings, Chmn. Barton (R-Tex.) has also advocated sticking to the 2006 deadline, though broadcasters say it’s too early for a switch from analog to DTV. The Commission also recommended that Washington, D.C., N.Y.C. and other high-risk urban areas establish a “signal corps,” with significant funding from Congress, to help with interoperability during a crisis. Also, the report recommended more funding for the Homeland Security Dept.’s Directorate of Information Analysis & Infrastructure Protection, so it can better “bridge” communications between “frontline” agencies.
The Journal of Commerce Online reports that on July 15, 2004, a federal judge extended until September 3 the temporary injunction barring a boycott by truckers at the Port of Miami. According to the article, the judge had granted the injunction during the week of July 5, 2004 after three port terminals argued that the boycott was causing irreparable harm to their business. (JoC Online, dated 07/15/04, at http://www.joc.com/20040715/sections/ocean/w54324.asp )
NEC Business Network Solutions said it’s cooperating with a Dept. of Justice investigation of the E-Rate program, so its CEO won’t honor a subpoena to testify next week before a House panel investigating fraud in the federal program to subsidize school and library Internet connections. A source said a House Commerce Oversight & Investigations Subcommittee hearing on E-rate was scheduled for July 22. “It is our expectation that there will be further developments in the grand jury investigation over the next several weeks,” CEO Thomas Burger told the House Commerce subcommittee on investigations, and he might be freer to talk in Sept. NEC, which released the letter Thurs., agreed to plead guilty and pay a $20.6 million fine in connection with allegations of defrauding school districts, Reuters reported.
NECA Chmn. William Hegmann named pres.-CEO, will remain gen. mgr. of Southwest Ark. Telephone Co-op… Commerce Dept. promoted Daniel Caprio to chief privacy officer; he'll remain deputy asst. secy.-technology policy… Cisco Systems promoted Charles Giancarlo to chief technology officer… Gil Kaufman, ex-Cisco, named BigBand Networks exec. vp-worldwide engineering… Video Internet Bcstg. Corp. named Jon Moore, ex-Grant County Public Utility Dist., chief technical officer… Angela Bradley promoted to MGM International TV Distribution vp-international pay per view & video on demand… Viacom promoted Peter Dunn to pres.-gen. mgr., KYW- TV and WPSG-TV, both Philadelphia… William Spellman, ex- Incite Mktg., named vp-gen. mgr., WQRF-TV Rockford, Ill… Optibase promoted Amir Goren to gen. mgr., Media 100 activity.
The House late Thurs. passed an the Commerce-State- Justice (CJS) appropriations bill (HR-4754) by a 397-18 margin. The bill’s $39.8-billion funding for FY 2005 exceeds the Bush administration’s request of $39.6 billion and last year’s funding of $37.6 billion. The FCC would see a $6- million increase to $280 million for FY 2005, while the FTC would receive an $18-million increase to $203 million. The House Appropriations Committee said that amount includes “full funding for the Do-Not-Call program.” The Commerce Dept. would get $186 million less than last year in the CJS bill with a mark of $5.8 billion, $301 million less than the Administration’s request. But the U.S. Patent & Trademark Office, which is part of Commerce, would see a $300 million increase from last year to $1.523 billion. The House Appropriations CJS Subcommittee described that boost as building “on the subcommittee’s long record of providing generous funding levels to the PTO.” The House has passed a bill that would end the diversion of PTO fees to the U.S. Treasury and allow the agency to use the proceeds for its budget; that bill is pending in the Senate. The FBI would receive $5.22 billion, up $625 million from last year and $100 million above the administration’s request. The Subcommittee said the additional funding “provides enhanced training, information technology, and staff (1,233 new positions) to improve intelligence and counterterrorism capabilities, while continuing to fight white-collar and violent crime.” The Business Software Alliance (BSA) praised a $10-million earmark to target intellectual property theft, and said it would urge the Senate to include similar funding in the bill there.
According to The Wall Street Journal, China's assistant minister of commerce said that domestic companies are increasing investment in developing countries that fear competition from China's massive textile export sector. The article notes that the assistant minister did not specify the value or the target countries of such investment. (WSJ, 06/29/04, www.wsj.com )