HDNet will launch new tier of high-definition premium programming packages by 4th quarter, but won’t deploy copy protection in order to facilitate copying of content, Pres. Mark Cuban said. HDNet will introduce HDTV general interest, sports and movie packages that will be targeted at cable and satellite operators and will be broadcast solely in 1080i, Cuban said. HDNet now transmits 16 hours daily of HDTV programming on channel 199 of DirecTV satellite service. It launched last fall.
Country of origin cases
Canada’s Supreme Court ruled unanimously that “gray market” satellite dealers selling U.S.-based services to Canadians and “black market” providers selling decoders that captured direct-to-home U.S. TV signals were illegal. Decision means Canadians can choose between only 2 legal satellite distributors: Bell ExpressVu or Star Choice. But Justice Frank Iacobucci said in his decision that door still was open for constitutional challenge related to Canada’s Charter of Rights and Freedoms: “It may well be that, when this matter returns to trial, the respondents’ counsel will make an application to have [a section] of the Radiocommunication Act declared unconstitutional for violating the Charter. At that time, it will be necessary to consider evidence regarding… whether these rights are violated.”
FCC issued report and order Mon. requiring wireless carriers to use new code to alert public safety answering point (PSAP) when 911 call is made from handset that lacks callback capability. Order targets noninitialized phones -- those not registered for service with wireless operator. Because carriers typically assign dialable number to handset after customer signs service contract, that means noninitialized phones lack number for PSAPs to call back for more information when 911 is dialed. Those phones include 911-only units and unsubscribed cellphones distributed by carrier-sponsored programs to domestic violence victims and other groups. Order requires carriers to program noninitialized phones with 123-456-7890 as “phone number” that will be used to notify PSAP that 911 call is coming from wireless phone without callback capability. Commission also: (1) Required carriers to complete network programming needed to deliver that phone number from noninitialized or 911-only phone to PSAPs. (2) Mandated that phones be labeled to provide notification of lack of callback capability. (3) Required public education programs to inform users of limits of noninitialized phones. Those steps “will alert the parties involved in a wireless 911 call of the need for quick information as to the caller’s exact location, thus increasing the likelihood that emergency services can be dispatched quickly to save lives, while imposing limited burdens on wireless carriers and manufacturers of 911-only telephones,” FCC said. In 1997, Commission issued Enhanced 911 order that required commercial wireless carriers to forward all 911 calls to PSAPs, regardless of caller’s subscription status. New order Mon. said that since then, donation programs had been created by carriers in which old cellphones were collected by groups and donated to individuals who needed them, such as elderly. Also new are 911-only phones. FCC said that when PSAP received call from noninitialized phone, incorrect number or no number might be received. It said it had no evidence of scope of 911 traffic generated by such phones. Based on lack of data and on evidence that technical solution would require significant network changes at substantial cost, FCC said it wasn’t imposing callback solution on carriers “at this stage.” On labeling requirement, it said carriers “must design a prominently displayed and clearly worded label and affix it to each donated or manufactured noninitialized handset.” Label should alert caller that phone can be used only to dial 911, that 911 operator won’t be able to call user back and that user should convey exact location of emergency quickly. FCC said that if problem on scope of callback issue were backed up with more data and “proves to be much larger than it presently appears,” particularly when E911 Phase 1 is ubiquitous, Commission will revisit issue of requiring technical solution. In separate statement, Comr. Copps said he was pleased FCC would conduct separate proceeding on issue of E911 compliance for increasing number of wireless service that subscribers could use for 911 calls but weren’t traditional cellphones. “These include ‘911-only’ phones and disposable phones,” he said. “Not only must we address the responsibilities of providers of these phones to provide public safety functionalities, but we also must address the challenges some of these services create for the public safety community. I am particularly concerned with the problem of mistaken or frivolous 911 calls that can not be identified because they originate from non-service- initialized phones.”
AT&T Wireless, Cingular Wireless and Verizon Wireless asked FCC to suspend comment dates set last week by its Wireless Bureau on petition by AirCell for extension of waiver. AirCell had asked FCC to extend waiver of Sec. 22.925 of rules that expires June 9. Waiver allows AirCell to operate system using cellular equipment to provide service to airborne customers without causing interference to terrestrial cellular systems. Company asked that waiver be extended indefinitely or for at least 10 years. U.S. Appeals Court, D.C., had remanded waiver to FCC in Nov. as not being adequately reconciled with record, wireless carriers said in their motion to suspend comment deadlines. FCC hasn’t yet responded to remand, carriers said in motion filed Fri. “Meaningful opportunity for comment is dependent on issuance of the remand order because AirCell’s renewal is based specifically on the earlier order found defective by the court,” Verizon and others said. “Because the Commission has not yet responded to the court’s remand, there is no basis for extending the waiver.” Carriers contend that remand meant that FCC must issue order spelling out how it reached conclusion on noninterference in AirCell waiver decision without addressing evidence to contrary in record of proceeding. AT&T, Cingular and Verizon Wireless said that in March they filed comments in response to D.C. Circuit’s remand, arguing that waiver order couldn’t be justified and must be vacated. They told FCC that AirCell petition was based on part of waiver order that D.C. Circuit found unjustified, “namely, the Commission’s determination that AirCell operations will not cause harmful interference to terrestrial cellular service.” Carriers said that “unless and until” FCC explained basis for noninterference finding and resolved remand order in favor of AirCell, there was no basis to renew original waiver. Carriers are seeking answer from FCC on their motion by Fri.
In weeks since Senate Commerce Committee Chmn. Hollings (D-S.C.) held hearing on digital rights management (DRM) and then introduced S-2048 -- which would have FCC mandate DRM solution if private sector failed to reach one within year -- 3 additional congressional hearings have dealt with DRM and numerous position papers, talking points and agendas have been issued by representatives of content, IT and CE industries. While Senate Judiciary Committee Chmn. Leahy (D- Vt.) has vowed S-2048 won’t pass Congress this year, most observers agree that Hollings has increased focus on DRM. Some participants in interindustry negotiations also say other industries are showing more interest in reaching resolution, and solution appears near on DTV broadcast flag (CD April 26 p2). Disagreements still remain, however, and rhetorical war is continuing on what, exactly, each segment of debate aims to win and how possible it is that technology alone can achieve those aims.
Intense round of discussions that went late into night Wed. reached tentative agreement on broadcast flag to protect DTV content from illegal copying, House subcommittee was told Thurs. Talks among standard-setting 5C body, MPAA and computer industry resulted in “an important agreement,” Panasonic/Matsushita Electric Corp. of America CTO Paul Liao told House Telecom Subcommittee. While he said there still were some dissenters, Liao predicted final report would be issued by original target date of May 17. AOL Time Warner CEO-Designate Richard Parsons and News Corp. Pres. Peter Chernin (testifying from L.A. by satellite) also praised agreement and predicted quick conclusion on issue, but Philips Consumer Electronics CEO Larry Blanford objected to process, calling for congressional intervention in talks to ensure set manufacturers weren’t placed under onerous burdens.
FCC Wireless Bureau is seeking comment on AirCell’s petition for extension of waiver. AirCell operates system using cellular telephone equipment designed to provide service on aircraft without causing harmful interference to terrestrial cellular systems. Bureau originally issued waiver in Dec. 1998 permitting operation on 6 analog channel pairs at any given ground station for 2-year period. AirCell asked Commission to extend waiver indefinitely and to allow it to increase operation on up to 19 channel pairs. It said waiver would allow it to provide more services including real-time weather and air-traffic data, emergency communications, cockpit and cabin monitoring and passenger communications. Comments are due May 15, replies May 28.
Scheduled completion of operation support system (OSS) testing for SBC/Ameritech in Ohio and Mich. will be delayed one month. KPMG said completion of Ohio test had been moved back to July 24 from June 25. Last month, KPMG announced original May 24 Ohio date wouldn’t be met and predicted completion by June 25. In Mich., KPMG said OSS test completion had been pushed back to July 26 from June 21, with no specific reason given for delay. OSS test results will form part of record states will use in deciding whether to endorse Ameritech’s Sec. 271 interLATA long distance entry.
AT&T joined Sprint and Global Crossing in filing protest at General Accounting Office (GAO) over recent decision by Defense Information Systems Agency (DISA) on WorldCom contract award. DISA awarded to WorldCom $450 million Defense Research & Engineering contract for global IP network that is designed to connect Defense Dept. supercomputer users via virtual private network. AT&T spokesman said protest was filed because company felt its proposal wasn’t evaluated “fairly and reasonably” by DISA. Sprint had indicated earlier this month it filed protest because of “inconsistencies in the evaluation criteria and errors in the RFP assessment” (CD April 16 p 1). Global Crossing, which earlier in year filed for Chapter 11 bankruptcy protection, said its GAO protest was prompted by notification from DISA that it was “ineligible for award” as result of its financial situation. DISA originally made contract award to Global Crossing last summer and then rescinded it after rival bidders AT&T, Qwest, Sprint and WorldCom protested. Latest award to WorldCom came after DISA solicited 2nd round of bids.
Minn. PUC said CLECs could opt into other carriers’ expired local interconnection agreements as long as original parties to agreement remained bound by its terms. PUC issued policy statement in response to requests for clarification of state position in such situations (Case P-999/CI-02-116). PUC said opt-in window remained open until original parties ceased to adhere to agreement, regardless of contract expiration date, but any CLEC opting into such expired agreements would be subject to same termination provisions agreed to by original parties. Agency said incumbents didn’t have to permit opt-ins to expired agreements if they could prove service sought by requesting carrier wasn’t feasible or would cost more than service to CLEC that originally negotiated contract. PUC policy statement has less legal force than rulemaking and permits parties to show it shouldn’t apply to their particular situation.