FCC’s C- and F-block auction continued to linger around $16.8 billion mark Tues., with Verizon Wireless remaining virtually unchanged in top slot with $8.8 billion in high bids. In sign that bidding for 422 PCS licenses continued to drag, as few as 9 new bids were made in one round Tues. afternoon. In last 10 rounds, bids have increased only $150 million. In all, auction has gone 85 rounds since starting Dec. 12. AT&T Wireless-backed Alaska Native Wireless had $2.9 billion in high bids, followed by Cingular Wireless-backed Salmon PCS with $2.3 billion, DCC PCS with $546.1 million, Cook Inlet with $499.2 million, VoiceStream PCS with $482.3 million and Leap Wireless International with $350 million. Licenses still drawing new bids are mostly smaller markets in southern and western parts of country. Separately, Leap Wireless said late Tues. it had reached agreement with Qualcomm, which will provide wireless carrier with $125 million in financing to support its bidding. Qualcomm is planning to transfer to Leap auction discount voucher it previously received from agency. Qualcomm stipulated it had no role in auction. Leap said it would repay Qualcomm for value of voucher in form of loan payable in single payment within 5 years. Qualcomm had received voucher from FCC as part of litigation settlement involving pioneer’s preference license.
Ronald Frieson promoted to chief diversity officer, BellSouth… Dale Hatfield, ex-FCC, named technical adviser, Fantasma Networks… Jeff Bartlett, ex-KHBS Ft. Smith, Ark., and KHOG-TV Fayetteville, Ark., named pres.-gen.mgr., WMUR-TV Manchester, N.H… Gerry Anderson, gen. mgr., Mid-Rivers Telephone Co-op, reelected chmn. of Independent NECA Services (INS), subsidiary of National Exchange Carriers Assn.; Donald Bond, pres.-gen. mgr., Public Service Telephone, named vice chmn., INS board… Promotions at Comcast: Richard Palmer to senior vp- finance and administration, Eastern Div.; Debbie Brodsky to senior dir. of online content, online communications… Len Marino advanced to senior vp-creative services and on-air promotion, Odyssey Network… Barbara Zaneri, ex-USA Bcstg., named senior vp- program planning & acquisitions, TNN… Lorinzo Joyner, ex-deputy Attorney Gen. in N.C. Justice Dept., appointed to serve 6 months remaining in term of N.C. Utilities Comr. William Pittman, who resigned to join Raleigh law firm… Frank Urbany, vp- international affairs, BellSouth, elected chmn., Universal Wireless Communications Consortium… Vicki Lins promoted to senior vp-marketing and communications, Adlink… Douglas Wiley promoted to dir.-govt. relations, Alcatel USA… Linda Marshall advanced to regional vp-midwest region, Nextel… Phil Bond, ex- Information Technology Industry Council, becomes dir.-federal public policy, Hewlett-Packard… Frank Brilliant, ex-BizRate.com, appointed vp-Business Solutions Group, Arch Wireless… Elected to AirFiber board: Brett Helm, pres.-COO, AirFiber; Marcel Gani, CFO, Juniper Networks… William Wiberg, ex-Lucent, becomes general partner, Private Equity Group, Bowman Capital…Neil Cox, pres. of SecurityLink from Ameritech, joins Wireless Online board… Appointed at Pacific Broadband Communications: Sydney Carey, ex-Entera, as CFO; Clint Tripodi, ex-Entera, as vp-human resources.
Coalition for Noncommercial Media (CNM) filed motion for preliminary injunction with FCC seeking to block Western N.Y. Public Bcstg. Assn.(WNYPBA) from allowing its noncommercial TV station WNEQ-TV Buffalo to be operated commercially following its decision to sell station to LIN TV for $26.2 million (CD Nov 9 p5). Motion came on heels of petition by CNM to deny WNYPBA’s application with FCC for voluntary assignment of license of WNEQ- TV to LIN TV. Saying it was not unusual for FCC to “consume 7 years investigating allegations” in petition to deny, CNM said that unless status quo were maintained during that time, denial of application would be “a hollow remedy.” In addition to WNEQ-TV (Ch. 23), WNYPBA has been operating WNED-TV (Ch. 17) noncommercially to carry mainstream PBS schedule, CNM said, and FCC’s April 2000 modification of table of TV allotments de- reserving Ch. 23 and making Ch. 17 reserved was not final order as CNM had sought review in U.S. Appeals Court, D.C. FCC decision based on allotments policy didn’t address whether “it would serve the public interest for Buffalo, or any other community, to surrender a noncommercial TV station to commercial operation,” it said. WNEQ-TV’s LMA is unlike others because it actually would combine commercial and noncommercial service on same channel, CNM said. That would confuse audience by “deploying the prestige and integrity of public broadcaster to promote the offerings of a commercial enterprise,” it said.
FCC hasn’t decided how to react to “regulatory freeze” memo sent to agency by White House Chief of Staff Andrew Card Mon. (CD Jan 23 p1), although it does believe freeze is voluntary for independent agencies like FCC, Commission sources said. Industry sources said they couldn’t recall similar memos in past transitions. White House hadn’t returned our calls at our deadline.
FCC Wireless Bureau is seeking comment on informal request by International Assn. of Fire Chiefs/International Municipal Signal Assn. (IAFC/IMSA) for frequency coordination certification in 800 MHz and 900 MHz public safety pool Private Land Mobile Radio (PLMR) frequencies. In 1998, FCC created plan for reallocation of 700 MHz band to public safety use, allowing any of certified frequency public safety coordinators, including IAFC/IMSA, to provide coordination. Agency hasn’t taken similar steps to alter frequency coordination process for 800 MHz and 900 MHz PLMR bands. Assns. contended that because of similarities between PLMR systems in bands such as 700 MHz and 800 MHz and 900 MHz public safety channels, IAFC/IMSA would be equally qualified to coordinate applications in those upper bands. Comments are due Feb. 21, replies March 8. Separately, bureau is seeking comments on similar request last month by American Assn. of State Highway & Transportation Officials (AASHTO). Request involves frequency coordination certification in 800 MHz PLMR public safety radio service frequencies. Comments also are due Feb. 21, replies March 8.
Delivering major blow to broadcasters, FCC tentatively concluded that cable operators didn’t have to carry both analog and digital signals of TV stations during digital transition. In order adopted by 4-1 vote with at least one partial dissent Thurs. but not released until late Mon., Commission said that, “based on the existing record, such a requirement appears to burden cable operators’ First Amendment interests more than is necessary to further a substantial governmental interest.” But agency didn’t rule out dual carriage requirement completely, seeking further comment on need for it to hasten digital transition, updated channel capacity from cable operators, digital compression advances and status and scope of digital retransmission consent agreements between broadcasters and MSOs.
LAS VEGAS -- Broadcasters and other regulated industries can expect from new FCC “a greater feel for the law… and a more humble approach,” FCC Comr. Furchtgott-Roth said here. Commission will regulate “only what the law requires… and it will be a greater day at the FCC,” he told ALTV panel Mon. afternoon. Michael Powell, who had been FCC chairman for just a few hours, deferred first question from ALTV’s David Donovan -- on what changes broadcasters could expect under Bush Administration -- to his Republican colleague, after which Powell said “my final sincere hope” is that agency would become “more efficient and responsive” to needs of those it regulated: “The greatest enemy of regulation is… uncertainty.” After panel, longtime Washington lawyer told us: “We're in for a sea change of deregulation if you follow their comments to their logical conclusion.”
FCC called Tues. for public input on how to implement new law that requires schools and libraries receiving federal technology dollars to block access to online child porn and other inappropriate materials. Children’s Internet Protection Act (CHIP), signed into law Dec. 21, prohibits libraries and schools from receiving discounted Internet access, Internet services and internal connection services under Sec. 254 of Communications Act unless they put Internet safety policies in place and certify that they have done so. In its Jan. 23 rulemaking (NPRM), FCC said it sought comments on several issues, including: (1) Whether agency’s conclusion that most efficient way of obtaining required certification would be to modify existing FCC form to include statement that recipient was in compliance with CHIP or that it didn’t apply. (2) Whether FCC Form 486 should be used for CHIP certification. (3) Who should make certifications. (4) When schools and libraries must certify they're in compliance. (5) Whether rules are needed to implement provisions of law that set out procedures for remedying noncompliance. CHIP has been fiercely opposed by industry and civil liberty groups as well as Clinton Administration. Comments are due 15 days after publication in Federal Register -- www.fcc..gov/e-file/ecfs.html. American Library Assn. (ALA) criticized short comment period. “It’s a very complicated issue” and the FCC has allowed only 15 days to comment, ALA Washington Office Exec. Dir. Emily Sheketoff said. Moreover, she said, schools and libraries were required to submit their applications for e-rate discount by Jan. 18. However, their spending plans had to be submitted before law was passed. Those whose plans are approved for funding in June now will have to go back and certify something that wasn’t called for in plan, Sheketoff said: “It’s a basic unfairness you don’t expect from the federal govt.”
U.S. Appeals Court, D.C., sided with U S West Tues. and remanded FCC order that had denied company’s request for forbearance of dominant carrier regulation for provision of high- capacity services in Phoenix and Seattle. Court ruled that FCC was inconsistent when it denied U S West’s petition for lack of reliable data on market share. To gain lessened regulation, U S West had to prove it faced competition for provision of high- capacity services in those 2 cities. In opinion written by Chief Judge Harry Edwards, court said FCC in past had relied on other measures such as elasticity to determine existence of competition and in one case made nondominance determination “in the absence of any market share data.” Court remanded case because FCC never specifically said market share was “essential” to prove competition, Edwards said. Court denied related petition by AT&T and WorldCom that questioned appropriateness of FCC’s telling U S West it still might qualify for pricing flexibility under separate process even though it lost forbearance request. AT&T and WorldCom argued that such language was backdoor way of giving U S West relief but Edwards called that argument “specious claim.” He said it was “clear that the forbearance order does nothing more than indicate that U S West is eligible to apply for relief under the pricing flexibility order.” However, court also denied suggestion by FCC counsel in oral argument that availability of pricing flexibility process lessened need for forbearance requests. Edwards said “U S West and other such petitioners are entitled to pursue forbearance under [Sec. 10 of Telecom Act] without regard to the pricing flexibility order.” Court panel also included Judges David Sentelle and Raymond Randolph.
FCC issued notice of proposed rulemaking that begins re- examination of whether there is continued need for spectrum cap and cellular cross-interest rule for commercial mobile radio service providers. Agency said it seeks comments on whether “competitive or other developments” warrant elimination of or changes to one or both of these requirements.