NTIA reported mixed results Thurs. in first round of ultra- wideband (UWB) tests in non-GPS band, pointing to “potential” to operate that wireless technology in 3-6 GHz range without interference. “The test results today show a great deal of promise between 3 and 6 GHz,” NTIA Dir. Gregory Rohde said at news briefing. But tests also found “difficulties” with interference in bands below 3 GHz, occupied by systems such as airport surveillance radar and federal govt. systems. Rohde said results set stage in coming weeks for negotiations between FCC and NTIA over final rule on UWB operation in GPS and non-GPS bands. Difficulties in bands below 3 GHz at certain distances between UWB devices and other systems could be mitigated through measures such as requiring devices in certain cases to operate indoors, Rohde said. “It’s not that a door has been closed here,” he said.
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.”
Cingular Wireless and VoiceStream filed applications with FCC for approval of proposed license exchange. Subsidiary of Cingular would exchange PCS spectrum in L.A. and San Francisco for spectrum held by VoiceStream subsidiaries in N.Y. and St. Louis. VoiceStream also proposed giving Cingular license in Detroit now held by Cook Inlet/VoiceStream GSM in exchange for Cingular spectrum in San Francisco. To carry out exchange, some of licenses would be disaggregated or partitioned. Comments are due at FCC Feb. 20, replies March 2.
FCC Wireless Bureau is seeking comments on request by Verizon Wireless to postpone 700 MHz auction beyond scheduled date of March 6. Company wrote to FCC Wireless Bureau Chief Thomas Sugrue Jan. 18, asking that auction be postponed to ensure that there would be “reasonable interval” after close of current C- and F- block auction, bureau said in notice released Thurs. Verizon Wireless contended in letter that if auction were held on schedule, participants wouldn’t have enough time to “accurately assess” their interest in acquiring additional spectrum. FCC has Feb. 2 deadline for participants to file short-form applications to participate in bidding. Comments are due Jan. 24. Most recent postponement of auction came last year, when FCC agreed to move it from Sept. 6 at request of several carriers. Verizon Wireless is seeking 2-month delay as “prudent,” although it argues that longer delay is required. Verizon cited issues that remained with incumbent analog broadcasters in Ch. 60-69 spectrum that’s at stake in auction. Carrier said further notice of proposed rulemaking on possible mechanisms for clearing band in advance of DTV transition date of 2006 still was pending. “Consequently, no new band-clearing mechanisms have been established and there is no greater certainty today about the prospects for clearing the 700 MHz band than there was last summer,” Verizon wrote.
FCC turned down petition by advocacy group Rainbow-PUSH Coalition to deny license renewal application of U. of Mo. for noncommercial radio station KWMU(FM) St. Louis for alleged violation of EEO rules, but fined university $8,000 for “willfully omitting” material facts about employment discrimination complaints in information provided to Commission. Rainbow alleged that station had discriminated against several black applicants and former station employees, citing declarations by 2 former staffers and 2 applicants. In order adopted Dec. 20 but not released until Jan. 17, Commission said Rainbow had failed to make prima facie case in its petition to deny. Individual complaints, in general, didn’t suffice to make prima facie case that grant of renewal application would be inconsistent with public interest, it said. FCC’s policy has been that such complaints ordinarily should be resolved first by EEOC or other govt. agency and/or court established to enforce nondiscrimination laws, agency said, and Rainbow hadn’t raised facts “that would warrant a departure from our general policy.” As for Rainbow’s charge that number of minorities employed by KWMU indicated that station violated Commission’s EEO program requirements, agency said it couldn’t consider allegations relating to EEO program requirements because they were held unconstitutional by U.S. Appeals Court, D.C., in Luthern Church-Missouri Synod v. FCC. FCC found that licensee had “willfully omitted” facts involving EEO litigation involving 2 part-time employees -- in one instance even after Commission staff sent letter specifically asking it to identify such cases. Finding that licensee’s “behavior is more egregious” than in previous such cases of apparent liability, agency granted renewal subject to notice of apparent Liability for $8,000.
Minority Media & Telecom Council said it would appeal court decision overturning FCC EEO rules (CD Jan 17 p1). Group said it would fight U.S. Appeals Court, D.C., decision “with all our strength.” Exec. Dir. David Honig said: “Unless reversed, this decision could put a halt to 32 years of progress in desegregating some of the nation’s most influential industries.” Court rejection of FCC EEO rules “will make it even more difficult to achieve a broadcast industry that reflects America’s rich cultural diversity,” FCC Comr. Tristani said in response to decision. She said she was particularly disappointed that U.S. Appeals Court, D.C., rejected rules entirely, even parts that might have been constitutional.
Telecom officials didn’t get answer from Bush Administration representatives Wed. to question who would be named FCC chmn., and when, we're told. Industry officials, primarily contributors to campaign, met with Bush transition office Wed. afternoon in what was described as “very generic and nonspecific” meeting. Most of attention focused on FCC reform, expediting agency decision-making and similar broad issues, we're told.
FCC approved WorldCom’s acquisition of Intermedia Wed., subject to only one condition -- that Intermedia and its subsidiaries be regulated as dominant in their provision of service on U.S.-Brazil route. Commission action transferred control of wireless, international and domestic wireline licenses from Intermedia to WorldCom. FCC’s action was somewhat perfunctory because WorldCom is required to divest all of Intermedia except its controlling interest in Web-hosting company Digex under consent decree with Dept. of Justice (CD Nov 20 p4). FCC said that it therefore viewed this order as “interim” transfer of licenses and authorizations. It said “once a third-party purchaser is identified, we will review the subsequent transfer of control of the Intermedia assets to ensure the public interest is served.” Agency rejected AT&T concern that merger would give WorldCom too much dominance over Internet backbone market. FCC pointed out that it didn’t regulate Internet Web hosting but said that, regardless, it disagreed with AT&T. WorldCom spokesman said company still needed “handful of state approvals” before deal could go through.
VoiceStream and Deutsche Telekom (DT), in brief filing Wed. with SEC, disclosed they had entered into agreement with U.S. Dept. of Justice and FBI on issues related to proposed mergers of VoiceStream, DT, Powertel. Pact addresses national security and law enforcement matters in proposed deal, companies said, but didn’t outline details. They said they and federal law enforcers jointly had petitioned FCC to defer granting applications for merger approval until after agreement was reached with DoJ and FBI. Merger still must be approved by Commission, Committee on Foreign Investment in U.S., VoiceStream and Powertel shareholders.
Women hold smaller percentage of jobs in cable and DBS than year ago, while minorities hold more cable positions but fewer DBS jobs, FCC said in new report. Relying on annual employment reports submitted by cable operators, Commission found that total cable industry employment at companies with more than 5 employees had slipped to 130,953 in 1999 from 133,705 in 1998 and total female representation fell to 40.4% from 41.7%. Among full-time employees in upper-level posts, women held 26.9% of jobs in 1999, down from 28.9% year earlier. At same time, minorities boosted their representation in total cable work force to 32.7% from 30.9% and increased their share of upper-level jobs to 29.1% from 21.7%. Other multichannel video program distribution (MVPD) operators, consisting largely of DBS providers, nearly doubled their overall employee base to 10,322 in 1999, but total female representation fell to 43.2% from 52.7% and minorities to 27% from 27.7%. Among full-time employees in upper-level jobs, however, women increased their share to 33.6% from 32.2% and minorities to 22.9% from 16.9%.