Salt Lake Organizing Committee will be broadcast frequency coordinator for 2002 Olympic Games and Paralympic Games in Salt Lake City, FCC said in notice Wed. Group will coordinate frequency use in 150 km radius from city during games, FCC said.
U.S. Supreme Court has turned down petition for review of FCC guidelines for health and safety standards of radio frequency radiation and procedures for FCC licensees to meet National Environmental Policy Act. Cellular Phone Task Force had lost appeal of FCC order last year in 2nd U.S. Court of Appeals, N.Y., which upheld Commission’s decision. Supreme Court turned down, without comment, group’s petition on Mon., effectively leaving FCC decision intact. FCC guidelines concern human exposure to RF radiation from transmitters and facilities. In part, Cell Phone Task Force had argued that Commission “arbitrarily” ignored expert recommendations that would tighten exposure standards.
Federation of Internet Solution Providers of the Americas (FISPA) urged FCC to extend today’s (Wed.) deadline for submitting reply comments on Commission’s cable open access inquiry. FISPA, which mostly represents smaller ISPs in Fla. and other states, asked agency to push deadline back 30 days to Feb. 9 to allow its members and other parties more time “to analyze the initial comments, evaluate the important legal, policy and operational issues regarding high-speed Internet access and prepare reply comments which will aid the Commission in its consideration of the questions raised in the notice of inquiry.” In 3-page filing with FCC last Fri., FISPA also argued that “the significance of these questions, their complexity and the large number of thoughtful and insightful comments filed in the initial round” weigh in favor of “a modest extension of time.”
LAS VEGAS -- Broadcasters offering data services are “very comfortable” that they can have good data business without running afoul of congressional pressure for HDTV, Matt Jacobson, exec. vp of iBlast, told CES convention here. Geocast Vp John Abel went further, saying hearing by House Telecom Subcommittee Chmn. Tauzin (R-La.) to pressure broadcasters on HDTV was “baloney.” Abel, former NAB exec. vp responsible for HDTV, also said still- undisclosed DTV test results “tilt in favor of staying the course” for using VSB-based standard.
U.S. Appeals Court, D.C., handed important victory to Assn. of Communications Enterprises (ASCENT) late Tues., vacating FCC order on one of conditions imposed on SBC-Ameritech merger in 1999. Court vacated order that covered tradeoff FCC made with SBC in which company was permitted to provide advanced services free of interconnection requirements if it created separate affiliate to provide those services. Decision focused on arguments by challenger ASCENT that FCC essentially was forbearing from regulating when it decided to bypass interconnection requirements of Telecom Act’s Sec. 251 because SBC would be providing advanced, not basic, service through separate subsidiary.
Citing U.S. World Trade Organization (WTO) promises, former Commerce Secy. and U.S. Trade Representative Mickey Kantor urged FCC to approve license transfers for proposed $34-billion VoiceStream-Deutsche Telekom merger. VoiceStream submitted Kantor statement before close of comment period on merger Mon. “This FCC proceeding is about more than the acquisition of a U.S. common carrier by a foreign company,” he said. “It is a test of the United States’ compliance with binding international legal obligations which were negotiated and entered into in good faith.” In acting on VoiceStream-DT application, FCC must move in way that’s consistent with U.S. obligations under WTO Basic Telecom Agreement (BTA), he said. “Failure to do so could invite initiation of a WTO dispute settlement action against the U.S. government and would establish for other WTO members an unwelcome precedent of noncompliance,” Kantor said. He warned that scope of sanctions under General Agreement on Trade in Services (GATS) wasn’t limited to sector in which violation was found. That means, Kantor said, that if U.S. were found to have violated GATS, “it could be liable for trade sanctions in any sector.” Also, if U.S. were to act in way that indicated backtracking on trade commitments, it could damage its negotiating power in current talks, such as GATS services negotiations, he said. FCC shouldn’t restrict access to U.S. telecom market “based on market conditions in other countries that do not affect competition in the United States,” he said. Binding U.S. commitments under BTA don’t hinge on other countries’ implementation of their own duties, he said. In other reply comments, Organization for International Investment rebutted concerns raised by Sen. Hollings (D-S.C.) and DT competitors such as Global TeleSystems and Novaxess. Hollings, ranking Democrat on Senate Commerce Committee, last month had renewed his call to FCC to reject application, underlining his opposition to telecom assets bought by companies with majority foreign govt. investment (CD Dec 18 p6). In other comments, Siemens advocated approval of merger, saying it would increase U.S. telephony competition. Transaction still awaits approvals of Dept. of Justice, FCC and Committee on Foreign Interests in U.S.
Proposal by Fixed Wireless Communications Coalition (FWCC) that seeks changes in FCC rules on access to spectrum for satellite services has drawn strong opposition from satellite and cable industries. Satellite Industry Assn. (SIA), Satellite Bcstg. & Communications Assn. (SBCA), World Teleport Assn. (WTA), Aerospace Industries Assn.(AIA) and National Cable TV Assn. (NCTA) filed comments opposing changes. Among things FWCC wants is declaratory ruling on partial band licensing of Earth Stations in Fixed Satellite Service (FSS) that share terrestrial spectrum, routine licensing of 3.7 meter transmit and receive stations on C- band and deployment of geostationary orbit FSS earth stations in share portion of Ka-band. Each of groups said changes wouldn’t be in public interest.
FCC C-block bidding edged up to $14.2 billion Tues. after 39 rounds, with Verizon Wireless solidifying its lead to $6.5 billion. While overall pace of bidding has slowed since auction resumed Jan. 4, Verizon Wireless bids picked up, rising from $5.1 billion in net high bids Mon. AT&T Wireless-backed designated entity Alaska Native Wireless came in 2nd with $2.5 billion, followed by Cingular Wireless-backed Salmon PCS with $1.9 billion. For first time on Tues., 2 N.Y.C. licenses edged up past $1 billion. Previously, Verizon had been bidding $1.17 billion for one license in that market, but it edged up bid for 2nd to $1.27 billion. Alaska Native Wireless is bidding $930.7 million for 3rd license there.
FCC Wireless Bureau denied petitions for reconsideration filed by Alliance for Radio Competition (ARC) and Hugh Taylor on assignment of 900 MHz licenses from Geotek. Last Jan., bureau granted applications for Geotek, which had filed for bankruptcy, to assign licenses to creditors and to assign from creditors to FCI 900, subsidiary of Nextel, licenses not covered by 1995 agreement of Nextel, Motorola, Dept. of Justice. (That consent decree barred Nextel from acquiring 900 MHz licenses in 15 markets.) Bureau also at time accepted FCI request to withdraw applications to assign from creditors to FCI licenses in markets covered by consent decree. ARC had argued that assigning licenses to FCI 900 would decrease competition in dispatch market. Taylor had contended Geotek wasn’t qualified to hold FCC licenses. Bureau concluded that neither ARC nor Taylor had raised new arguments or showed material errors in how decision was made. Order released Tues. reiterated FCC stance that original decision wouldn’t cause competitive harms in affected wireless voice markets.
FCC is holding first meeting of World Radio Conference (WRC) Advisory Committee Jan. 30, 10 a.m.-noon in Commission meeting room. International Bureau’s Planning & Negotiations Div. will take lead on FCC’s WRC efforts, with Julie Garcia directing preparations and serving as designated federal official to advisory panel. Brian Fontes, Cingular Wireless vp-federal regulation, and Jennifer Warren, Lockheed Martin senior dir.- telecom trade and regulatory affairs, are chmn. and vice-chmn. of committee. FCC said particular emphasis at next WRC in June 2003 will be on International Mobile Telecommunications-2000, terrestrial wireless interactive multimedia services, sharing in 40 GHz with aeronautical mobile-satellite services. FCC also expects focus on public protection and disaster relief, broadcasting-satellite interregional sharing, amateur and amateur satellite services, high frequency broadcasting, regulatory procedures for satellite networks. “Our priority during this WRC cycle is to successfully complete the domestic preparatory process in a time frame that allows the U.S. to be a leader at regional and international meetings,” International Bureau Chief Donald Abelson said. FCC also has created new Web site: http://fcc.gov/wrc-03.