Wireless Communications Assn. (WCA) petitioned FCC for rule change that would allow digital wireless cable systems with 5,000 or more subscribers to have option of delivering Emergency Alert System (EAS) messages through “force tune” technology. Current requirement is for carrying video and audio EAS messages on every programmed channel. WCA said proposed change was in line with intent of FCC’s rules and was needed “to alleviate the financial burden full compliance with the ‘all-channels’ rule imposes on digital wireless cable systems.” WCA said it filed petition in response to recent Enforcement Bureau decision that granted digital wireless cable operator Watch TV temporary waiver of those rules. That operator submitted “undisputed” evidence that all-channels requirement would have imposed “insurmountable” costs, WCA said. Watch TV argued that “force tune” technology, which is software-based solution that automatically tunes viewer’s TV to predesignated EAS channel, was best solution short of permanent waiver of requirements. Enforcement Bureau decided that formal rulemaking on “force tune” issue was needed, but gave Watch TV 30-day waiver that would be extended automatically if petition for rulemaking were submitted. Watch TV provides wireless cable service to 11,000 subscribers in rural western Ohio.

Wide-ranging inquiry FCC released Wed. on wireless Enhanced 911, led by former Office of Engineering & Technology Chief Dale Hatfield, points to “seriously antiquated” wireline infrastructure for emergency calls. “It is an analog technology in an overwhelmingly digital world,” Hatfield concluded. “Yet it is a critical building block in the implementation of wireless E911.” Those limits will be felt as wireless E911 calls increase and will constrain E911’s reach to nontraditional systems such as PDAs, telematics and voice-over-IP networks, report warned.

FCC issued 11 more temporary waivers for cable operators on agency’s Emergency Alert System (EAS) rules. Those granted exemption of 12 to 36 months were: Tele-Services Ltd. of Iowa, Myvocom Inc. of Utah, Beck’s Cable System of Ill., Millennium Digital Media Systems, operating in Ida., Mich., Ore., and Wash.; Hyde County Cablevision in N.C., Northland Cable Networks in Miss., Three Forks Cable TV in Mont., N. Bonneville Community Cable System in Wash.; Buford Communications, operating in Ark., Miss., and Tex.; Philip DeSano and Thomas Corcoran in N.H., American International in Ariz. and Colo.

FCC has issued many temporary waivers in recent days for cable companies that said they were unable to provide Emergency Alert System (EAS) messages or install EAS equipment by Oct. 1. On Mon., Commission granted waivers of 12-36 months for some cable systems to CenCom Inc. in Neb.; Heartland Cable System in Ill.; Telnet Communications in Iowa and Mo.; Southern Cablevision in Ga.; MidAmerican Cable Systems in Iowa; Northland Communications in Iowa; Galaxy American Communications in Colo., Ill., Ind., Iowa, Kan., Mo. Neb., Okla., and Tex.; St. John Cable Co. and its affiliate Colfax Highline Cable, in Wash.; TV Cable of Rensselaer in Ind.; Classic Communications in Ark., Colo., Kan., La., Mo., Neb., N.M., Ohio, Okla., and Tex.; Ind. Co. Cable TV in Ark.; Brockway TV in Pa. On Fri., FCC approved waivers to High Plains Cablevision in Ida., Okla., Tex. and Wash.; Great Plains Cable TV in Neb.; Hart Cable in Ga.; Cablecom of Willsboro in Ore.; Belhaven Cable TV in N.C.; Consolidated Cable in Neb.; NEPSK Inc. in Me.; Pacific Sun Cable Partners in Cal.; Walworth County Cablevision in Wis.; Satellite Cable Services in Neb. and S.D.; Grove Communications in Mich.; and James Cable Partners in Ala., Colo., Fla., Ga., La., Okla., Tex. and Wyo.

FCC granted 13 small cable operators 36-month waivers of Commission’s rules on Emergency Alert Systems (EAS). Rules require cable systems serving fewer than 5,000 subscribers from headend to either provide national level EAS messages on all programmed channels or install EAS equipment and provide video interrupt and audio alert on all programmed channels and EAS audio and video messages on at least one programmed channel by Oct. 1, 2002. Commission has said it would grant waiver requests on case-by-case basis upon showing of financial hardship. It also noted it recently amended EAS rules to permit small cable systems to install FCC-certified decoder-only units, rather than both encoders and decoders, if such devices became available and that agency anticipated such systems would provide significant cost savings. Those granted waivers were: PEC Cable of Nichols, Ia., with 77 subscribers; Sherman Cablevision, Sherman Mills, Me., 175; Howard Cable Co., 2 systems in Wis. and one in Mich., 169- 403; S & K TV Systems Inc., with 7 systems in Wis., 72-430; HLM Cable Corp., with 5 systems in Wis., 68-320; HFU L.P., Cal., 225, and Nev. 472; Moosehead Enterprises Inc., 6 systems in Me., each with fewer than 750; Alpine Cable TV, 9 systems in Ia., with 723 total; Dodge County Cablevision, Wis., 336; Powhatan Point Cable Co., 2 systems in Ohio with 308 and 896 subscribers, respectively; TV Assn. of Republic, one system in Wash., 490; Farmers Co-Operative Telephone Co., Ia., 70; J. Feeney Assoc. Inc., doing business as Chain Lakes Cable, 6 systems in N.Y., one in Pa., and 3 Va., 36- 860. In another decision on EAS systems, FCC gave W.A.T.C.H. TV 30-day waiver to allow company to seek revision of Commission’s EAS rules with petition for rulemaking. W.A.T.C.H. operates 9 wireless cable TV systems in Ohio and believes it has alternative technology approach that will be less costly.

FCC ordered owner of KKIT(FM) Angel Fire, N.M., and KXMT(FM) Taos, N.M., to pay $12,800 fine for failure to have operating Emergency Alert System equipment. Fine was reduced from $16,000.

As expected, Sen. Landrieu (D-La.) introduced legislation Tues. that would order FCC to grant licenses in 12.2-12.7 GHz range on basis of merit, not licenses (CD Sept 6 p11). Bill, Emergency Communications & Competition Act (ECCA) (S-2922), apparently is designed to aid Northpoint, which seeks to share spectrum with DBS service providers in that range of spectrum. In Senate floor speech, Landrieu said bill was essential to ensure rapid deployment of Multichannel Video Distribution & Data Service (MVDDS), which will provide competition for both cable and broadband services. It has several notable co-sponsors, including Senate Minority Leader Lott (R-Miss.), Senate Commerce Communications Subcommittee ranking Republican Burns (Mont.), Senate Judiciary Committee Chmn. Leahy (D-Vt.), Senate Small Business Committee Chmn. Kerry (D-Mass.). Other co-sponsors are Sens. Baucus (D-Mont.), Dodd (D-Conn.), Mikulski (D- Md.), Gregg (R-N.H.). Bill was sent to Senate Commerce Committee, of which Landrieu isn’t member. She said FCC decision to subject MVDDS providers, and not satellite companies, to auction process was “discriminatory tax on an innovative new technology.” She also said auction process was producing effects opposite of original intention. “In this case, industry incumbents can use the auction to block the introduction of new competition.” Under ECCA, applicants that can demonstrate through independent testing that technology won’t cause harmful interference to DBS operators would be granted licenses. Bill also would require services to build out systems within 5 years, not 10 now required by FCC. Parties that apply for licenses under that provision would have to assume specific public interest obligations, including full must-carry of local television stations, Landrieu said. Also, 4% of system capacity must be set aside for other purposes, such as telemedicine and distance learning. ECCA would require MVDDS licensees to air Emergency Alert System warnings, Landrieu said, which often aren’t seen by DBS viewers. Licensees would have to make transmission systems available to national security and emergency preparedness personnel in national emergency, she said. Landrieu said Consumers Union supported legislation since it would foster competition with cable, which she said had raised rates 45% since it was deregulated in 1996. “MVDDS can go head-to-head with incumbent cable systems everywhere, and I believe that this good old-fashioned competition will result in lower prices and better service for consumers -- even those who don’t choose to subscribe to MVDDS,” Landrieu said. Legislation also has been endorsed by National Grange, farm and rural public interest organization, she said. Burns said bill would give rural TV viewers in Mont. opportunity to get local TV stations, where DBS providers don’t offer local TV to residents.

EchoStar’s proposed takeover of DirecTV is “perfect monopoly” and New EchoStar wouldn’t have reason to carry local stations, NAB told Dept. of Justice (DoJ) in filings and private meetings about deal. Exec. Vp-Govt. Affairs James May confirmed NAB was among opposing groups that had filed documents and held meetings with Justice officials to discuss acquisition. Unlike at FCC, DoJ documents are private. Concerns about local carriage are at center of NAB opposition, May said: “It’s only to their benefit to carry the largest markets. That’s what we are most concerned about.” NAB, which will make one more filing with DoJ, NRTC and American Cable Assn. are among opponents that have met with Justice, officials confirmed. Groups were among those represented in “DISH The Merger” rally at DoJ hq Wed.

Highlighting recent attention to child abductions, legislation to expand “Amber Alert” broadcasting system is being debated in Senate and House. In hearing Wed. before Senate Judiciary Technology Subcommittee, NAB Pres. Edward Fritts said his association supported legislation that would accelerate adoption of Amber plan -- emergency system to quickly warn public about potentially dangerous child abduction. NAB spokesman said adoption of Amber Alerts wasn’t controversial in broadcasting community. Sen. Hutchison (R-Tex.), not member of Technology Subcommittee, introduced bill Tues. that would expand system. Rep. Foley (R-Fla.) introduced similar bill Wed. Bills would create national coordinator for Amber system and devote resources for training and would streamline communications among states. Sen. Hatch (R-Utah) urged Committee to consider markup of bill as early as today (Thurs.) Several senators said it was likely to pass.

FCC should order Minn. microwave carrier to continue service in order to relay TV programming to TV stations in state, Minn. Bcstrs. Assn. (MBA) said in complaint. Corban Communications asked FCC for permission to discontinue microwave relay services to 200 customers, effective Oct. 19. It said it had been unable to negotiate acceptable new tower lease agreements with owner Pinnacle Towers, and other alternatives were “uneconomical.” It said it would provide relay service to at least some of communities via leased fiber or competing microwave networks. It said it had been working with customers for 2 months on meeting their needs. MBA said 7 TV stations in Billings, Bozeman, Butte, Hardin and Missoula would be most affected by shutdown. Without relays, MBA said TV stations “would be shut down and could not provide vital services including Emergency Alert Systems warnings.” Relay services are “indispensable and irreplaceable,” MBA said.