FCC will allow broadcasters to convert their Broadcast Auxiliary Services (BAS) to digital operation, it said in order (ET 01-75) released Wed. Commission said rule changes would allow BAS, which generally us used to transmit video between station and remote locations, to “more readily adapt as the broadcast industry converts” to DTV and would bring BAS rules into line with those of CARS and FS services. Rules allow BAS to use “any available digital modulation technique,” update BAS emission masks, and make other technical modifications. FCC said there was little overall opposition to changes, although some parties sought modifications in original proposal. Rejecting proposal by NAB and MSTV, FCC said there was no need to delay new rules for 2 GHz band. It also declined to set mandatory standard for automatic signal identification for digital modulation.
Country of origin cases
House will continue debate today (Thurs.) on compromise bill (HR-5710) to create Dept. of Homeland Security (DHS), including combined Directorate for Information Analysis & Infrastructure Protection (IA-IP). DHS would include undersecy. responsible for comprehensive national plan for protecting key national resources such as information technology and telecom systems, “including satellites, electronic financial and property record storage and transmission systems, emergency preparedness communications systems.”
CHICAGO -- Qwest CEO Richard Notebaert said telecom industry hadn’t been healthy for investors for last 2 years because of bad regulations, bad business plans and irrational economic optimism that led to unsustainable enterprises based on arbitrage or reciprocal compensation and to belief that there was no such thing as too much fiber. Notebaert keynoted final day of NARUC annual meeting here Wed. Addressing NARUC panel, he said “it'll take all of us to dig out of this mess.” He said there was “rational but painful” 3-step path to restore investor confidence in telecom.
U.S. Appeals Court, D.C., struck down FCC’s video description rules, saying Communications Act “does not give the FCC unlimited authority to act as it sees fit with respect to all aspects of television transmissions.” Decision came in Motion Picture Assn. of America v. FCC, case in which MPAA was joined by NAB and NCTA. Writing for majority, Judge Harry Edwards pointed out that Telecom Act added specific mandate for FCC to enact rules for closed- captioning, but not for video description. He said there was “a marked difference” in way Congress treated those 2, but FCC nevertheless adopted rules for both.
When SBC and Ameritech consummated their merger in Oct. 1999, they became subject to scores of conditions imposed by FCC and Ameritech state regulators to ensure mammoth new company wouldn’t stifle local and toll competition. Now, 3 years after merger, some of those conditions are starting to fall away, but many others will remain in place through next year and some may extend to 2005.
Top Nextel official said there was “no consensus plan” for reconfiguring 800 MHz to fix public safety interference if replacement spectrum at 1.9 GHz were taken off table. By Thanksgiving, carrier plans to address “completely” private wireless retuning costs that stem from proposed rebanding, Nextel Chief Regulatory Officer Robert Foosaner told Industrial Telecom Assn. (ITA) Private Wireless Summit Fri. While Nextel pledged $500 million to relocate public safety element, questions on remaining costs of plan are among thornier sticking points awaiting answers.
After 2 previous failed attempts at instituting EEO rules for broadcasters, cable and satellite companies, FCC adopted new set of rules Thurs. that it believes will hold up in court this time. That’s because new rules are basically carbon copy of part of its previous rules that U.S. Appeals Court, D.C., found acceptable last time around. Commission left out part of its old rules that court overturned on constitutional grounds.
Lockheed Martin (LM) and Intersputnik agreed to sell LM- 1 satellite to Arabsat, terms not disclosed, LM said. Sale is expected to be completed within few weeks and will end 5- year partnership of LM and Intersputnik, LM said. Four satellites originally were part of joint venture, but business model changed as global satellite industry went into downturn. LM-1 satellite was launched in Sept. 1999 but hasn’t operated at full capacity since moving into 75 degrees E orbital slot. LM-1 has 44 high-power C- and Ku-band transponders and is built to last 15 years. Transaction is part of continuing effort by LM to divest satellite assets. Arabsat needed new satellite at 26 degrees E after losing one of 2 solar arrays on Arabsat 3A in June 2001. Last June, Arabsat leased PAS-5 satellite from PanAmSat to replace Arabsat 3A, but satellite also is crippled and has been declared total loss by PanAmSat following power system failure. PanAmSat, Arabsat and insurance companies that paid PAS-5 loss have been sharing revenue from communications satellite.
After multiple requests to extend comment deadline on FCC’s media ownership proceedings, Commission Tues. announced it would do so. But it didn’t give Comr. Copps, some public interest groups and others as long a period as they believed issue deserved. Copps said he was “disappointed and alarmed” by what he called Commission’s refusal to provide adequate time for public participation in proceeding. Comment deadline was reset for Jan. 2, replies Feb. 3. Comments originally were due Dec. 2, replies Jan. 2. Commission said it extended deadlines one month “in view of the 6 petitions requesting extension of those deadlines and given the importance of public comment on the issues raised” in rulemaking on media ownership.
Before FCC rules on proposed merger of AT&T Broadband and Comcast, it will decide whether pending motion by Media Access Project (MAP) to force Commission to examine Internet access agreement with AOL Time Warner has merit, Comr. Abernathy told reporters Mon. She said Commission was unlikely to release both orders together and that MAP’s motion would be dealt with first, probably in next few days. Tues. will mark Day 180 of merger review, which was Commission’s self-imposed target for deciding on deal. It appeared from her comments that Commission probably would miss that target, but Abernathy said she expected ruling on merger “soon… I would hope it could come out this week, but stay tuned.” She declined to discuss whether she or other commissioners already had voted or merger’s status. Sources have told us that staff of Media Bureau had recommended that commissioners approve merger (CD Oct 30 p2).