Lower court injunction blocking Echostar from distributing network TV signals (CD Oct 4/00 p4) was “an abuse of discretion,” 11th U.S. Appeals Court, Miami, said in decision Mon. Ruling vacates preliminary injunction, although networks will have another opportunity to prove case for preliminary injunction and main case is to go ahead.
As expected, Commerce Secy. Donald Evans sent congressional leadership draft bill Thurs. to postpone for 2 years deadline for receipt of advanced wireless auction proceeds. He told top brass on Capitol Hill and Vice President Cheney that Office of Management & Budget’s preliminary scoring indicated that proposal would reduce surplus by $1 billion in fiscal 2002 and increase it by that amount in fiscal 2004. Proposed language would shift statutory deadlines for completing auctions of 2 bands under consideration for 3G services to Sept. 30, 2004, from Sept. 30, 2002. “Based on revised assumptions for the current spectrum auction schedule, the midsession review of the budget baseline already reflects the shift in auction receipts from 2002 to 2004,” Evans wrote. He said any law that would reduce receipts was subject to pay-as-you-go (PAYGO) requirements under Balanced Budget and Emergency Deficit Control Act (BEA). “The BEA requires that official PAYGO scoring continue to use the FY 2002 budget baseline and thus score the cost to FY [fiscal year] 2002,” Evans said. “The Administration will work with Congress to ensure that any unintended sequester of spending does not occur under current law or through enactment of any proposals that are part of the President’s program.” Proposal would shift deadlines for depositing proceeds in U.S. Treasury for auctioning 1710-1755 MHz and 2110-2150 MHz and would provide more time to arrive at 3G decisions, Evans said. “Chairman Powell of the Federal Communications Commission and I both believe that it is imperative that the final allocation decision be the best possible one and that additional time and continued hard work are needed to reach that decision,” Evans wrote. While govt. wants to identify spectrum for 3G services as quickly as possible, he said, current statutory deadline “does not provide sufficient time to conclude the identification process and conduct an auction before Sept. 30, 2002.” NTIA Dir. Nancy Victory told reporters Wed. that language would be sent to Hill this week (CD Sept 6 p1). Besides Cheney, Evans sent letters to Senate Majority Leader Daschle (D-S.D.), House Speaker Hastert (R-Ill.), House Majority Leader Armey (R- Tex.), Sen. Lott (R-Miss.). Senate Commerce Committee Chmn. Hollings (D-S.C.), House Commerce Committee Chmn. Tauzin (R-La.), House Minority Leader Gephardt (D-Mo.), Sen. McCain (R-Ariz.), Rep. Dingell (D-Mich.).
Advanced EHF team of Boeing, Lockheed Martin and TRW completed its system Preliminary Design Review (PDR) demonstrating to its customer, the MILSATCOM Joint Program Office, U.S. Air Force Space and Missile Systems Center, that it met or exceeded requirements for next-generation highly secure satellite system. Advanced EHF was designed to replace MILSTAR satellites, which were unable to provide complete global coverage after failed launch in 1999 left one of 4 birds in constellation unuseable. New system will employ world’s most complex and sophisticated communications satellites, team said. Budget and scheduling question arose last month when Pentagon panel discussed whether to move ahead with program. Advanced EHF constellation would consist of 4 cross-linked satellites providing secure data through capability and coverage flexibility to regional and global military operations and would be backward compatible with MILSTAR system. Advanced EHF team will focus now on ground and satellite segment PDRs. Team will conduct additional lower level element and component reviews before design system level design review in 2003.
“Quite a number” of PTV stations have been rejected for retransmission/must-carry by EchoStar and DirecTV, according preliminary results of APTS survey. Marilyn Mohrman-Gillis, APTS vp-policy and legal affairs, said more stations had been rejected by EchoStar than by DirecTV. “What we are doing is communicating with the stations and helping them sort this through,” she said. As in case of commercial stations (CD Aug 9 p1), reasons given for turning down stations included quality of signals and substantial duplication of programming with station in same market, she said. APTS staff proposed to meet with FCC Cable Bureau and other officials next week to take up issue after more data are collected, she said. However, APTS has no plans to meet with DBS operators to discuss issue, she said, considering it’s better for local stations to deal directly with DBS providers.
N.Y. PSC’s policy of “fully delegating” to cable operators power to adopt rules and regulations for use of public, educational and govt. (PEG) channel capacity and production facilities has been challenged in lawsuit filed by access programmer in U.S. Dist. Court, Brooklyn. Lawsuit filed by Robert Goldberg, coordinator of L.I. Public Access Movement, also implicates town of Oyster Bay for delegating to Cablevision franchise authority to determine access rules. Accusing Cablevision of declining to carry his programming for his refusal to agree to access-user contract that he called “illegal, unconscionable and against public policy,” Goldberg sought preliminary injunction to prohibit company from refusing to cablecast all qualified public access programming he submitted. He said PSC and Oyster Bay should have known that Cablevision had financial interest in minimizing use of public access channel capacity and production facilities and that was in conflict with their responsibilities for regulation of use of public access by all programmers. By delegating regulatory authority to Cablevision, PSC and Oyster Bay “acted with deliberate indifference” to threat to his statutory rights to be free from editorial control by cable operator over his programming, Goldberg said. Seeking compensatory and punitive damages, he said Cablevision’s access contract was illegal because it: (1) Required programmers to submit scripts for all live programming. (2) Wanted programmers to indemnify company and hold it harmless from any liability, including for its “wrongful exercise of editorial control.” (3) Prevented programmers from using company’s facilities to produce partisan political programming. Citing company policy, Cablevision spokesman declined to comment on lawsuit. But Cablevision had made clear in past that while it had no problem with carrying political programing on its PEG channels, it objected to use by programmers of its equipment and employees for partisan political programming, saying that constituted “implied donation.” Goldberg conceded that while PSC rules on PEG access specified that cable operator couldn’t censor programs, it didn’t deal with company’s obligation to allow use of its facilities for political programming.
FCC adopted notice of proposed rulemaking (NPRM) Thurs. that sought feedback on possibility of using mobile satellite service (MSS) spectrum for terrestrial wireless operations, either by MSS licensees or others. New ICO had petitioned FCC earlier this year to allow it to develop terrestrial spectrum using bands allocated to MSS (CD April 4 p1). In response, CTIA warned agency of precarious financial situation of several MSS developers and asked that spectrum be reallocated to more “efficient uses” such as 3G. Both sides lauded FCC action, with CTIA citing potential reallocation of up to 14 MHz of MSS spectrum for other uses and New ICO calling NPRM “important step” toward allowing MSS operators to reuse these frequencies for terrestrial operations on ancillary basis. At agenda meeting, FCC also unanimously adopted further notice of proposed rulemaking to examine additional frequency bands for advanced wireless services, including MSS. Proposals laid groundwork for putting additional commercial bands into play as part of 3G debate that has focused mainly on 2.5 GHz band occupied by MMDS and Instructional TV Fixed Service operators, 1755-1850 MHz spectrum used by Dept. of Defense and 1710-1755 MHz that has been reallocated from govt. to nongovt. users.
Sprint PCS told FCC Mon. it won’t be able to comply fully with Phase 2 Enhanced 911 rules or finalize “a simultaneous, national roll out of enhanced 911 location systems” by Oct. 1 deadline. Citing factors such as vendor delays, Sprint asked Commission for limited, temporary waiver of certain Phase 2 requirements. Carrier also outlined for agency areas where it’s on track to meet mandates, including plans to introduce more than 5 million GPS-equipped handsets by year-end 2002, and conversion of all new handset-models to GPS by Dec. 31, 2002. Phase 2 requirements for which Sprint PCS is seeking relief are: (1) Deployment of network infrastructure. Sprint pointed to Nortel delays in providing needed switching software to support Phase 2 location capabilities. One Lucent market should be ready for Phase 2 by Oct. 1, but “complete conversion of all Lucent markets” isn’t expected until 2002. (2) Sprint PCS may not be able to meet interim requirements that 25% of all new handsets be Phase 2- capable by Dec. 31, with 50% by June 30, 2002. Carrier said it could meet requirement of starting to sell GPS handsets by Oct. 1 and end-date requirement of full compliance by year-end 2002. Interim handset requirements may not be met because of conversion of Sprint PCS network to 3G. (3) “Due to the sheer volume of PSAP (public safety answering point) requests and the complexity of their installation, Sprint PCS will be unable to implement enhanced 911 systems within 6 months of every request received.” Carrier outlined preliminary deployment schedule that would phase in service roll-out. Sprint also raised concerns about lack of progress among LECs in upgrading automatic location information (ALI) databases to support Phase 2. Wireless industry and public safety community came up with interim standard that calls for upgrades to ALI database used by PSAPs and LECs. Based on responses Sprint PCS has received so far, “LECs are not making plans to upgrade their ALI databases to support these functions,” carrier said. Sprint said: “Because this issue promises to substantially undermine the efforts of PSAPs and wireless carriers to deploy Phase 2 services,” carrier said it’s urging FCC to launch inquiry into LEC preparedness in this area. LEC readiness is starting to be raised at FCC by other carriers, as well, said Luisa Lancetti, vp-PCS regulatory affairs. Extent to which Sprint is far along on Phase 2 deployment has made issue apparent to it now, she said. “We have made significant steps to make real this location capability,” she said. Later this summer, Sprint plans to conduct first market application in R.I., launching first GPS- enhanced 911 system, she noted. In its filing, Sprint PCS also said that by Oct. 1 it will have introduced at least one GPS handset model “in commercial quantities” and will have installed new national platforms to conduct location calculation and routing for these handsets. Sprint PCS also said that by Oct. 1 it will have tested new switching software for at least one vendor.
Wireless Technology Research (WTR) reached partial settlement of class action suit agreement with wireless carriers on their effort to create database of personal information on wireless subscribers and to monitor them for brain tumors. WTR, research firm that scientist George Carlo had headed that conducted cellphone health research for CTIA, had organized class action litigation that alleged that carriers had invaded privacy of cellphone users. Monitoring had been done to “for the purpose of avoiding scrutiny of safety and health problems raised with regard to cellular portable telephones.” Wireless entities that had been named in litigation included Ameritech, CTIA, Motorola. WTR said Cook County, Ill., Circuit Judge Stephen Schiller gave preliminary approval of settlement earlier this week. Hearing on final approval is set for Nov. 13.
NARUC’s Network Issues Study Committee presented group with preliminary look at what it said were 7 challenges to state regulation in near future. Study group representatives said key challenges facing states included: (1) Physical bypass of public switched network by satellite, cable, wireless and electric grid telephony. (2) Possible technology-driven changes in existing system of dual jurisdiction that could affect states’ ability to protect consumers. (3) Telecom market concentration through mergers, acquisitions and other types of consolidation that could diminish ability of states to carry out their duties to protect competitors and public. (4) Impact of Bell company Sec. 271 long distance entry on local and long distance competition. (5) Impact of Internet telephony on incumbents’ network cost recovery and on network reliability. (6) Changes in intercarrier compensation methods in order to promote efficiency, competition, infrastructure development. (7) Impact of packet switched services on providing and regulating telecom services traditionally supplied over circuit-switched networks. Report outlined trends, goals and tools regulators could use in addressing each challenge.
Three of 7 Qwest states participating in collaborative effort to assess Qwest’s compliance with 6 Telecom Act competitive checklist items not directly related to its operation support systems (OSS) reached preliminary assessments of how well Qwest is doing. Iowa Utilities Board (IUB) found Qwest meets all 6 points under review, including No. 3 (access to poles and other infrastructure), No. 7 (access to 911, directory assistance and other operator services), No. 8 (access to white pages directory listings), No. 9 (number administration), No. 10 (access to network signaling and databases) and No. 12 (local dialing parity). IUB conditioned its findings on verification of Qwest’s performance through Qwest Regional Oversight Committee’s OSS performance measures audit results, and Qwest carrying out commitments it made to satisfy concerns raised by individual CLECs. Wyo. PSC found Qwest is in compliance with checklist items 3 and 12. PSC declined at this time to rule on Qwest’s compliance with items 7-10. Agency PSC said Qwest has made efforts to address general CLEC concerns in these areas, but there were certain concerns specific to particular Wyo. CLECs that still needed resolution. PSC said it also wanted to see regional performance measurement audit results before reaching conclusions on remaining items. Mont. PSC found Qwest has fully complied with item 12, local dialing parity, but didn’t reach conclusions about remaining 5 items under review. PSC said it will be addressing other items this summer through comment-and-reply cycles and briefs, without need for industry workshop sessions. Like Iowa and Wyo., Mont. PSC also wants to see performance audit results. Other Qwest states in collaboration on the 6 checklist items are Ida., Utah, N.D. and N.M.