FCC Wireless Bureau dismissed in part and denied in part emergency petition for clarification, filed by trade group Wireless Communications Assn. (WCA) Sept. 28 that followed issuance of 39 GHz band licenses to winning bidders. WCA had requested: (1) Correction to indicate buildout deadline was 10 years from date license was granted. (2) Addition of statement to each band authorization acquired by competitive bidding if incumbent held license for territory within 39 GHz auction winner’s service area. In that case, it said, band authorization should state expressly that incumbent licensee retained right to use channels within its self-defined rectangular service area. FCC dismissed request to correct buildout deadline as moot because original 18-month buildout requirement of at least one link had been removed and replaced by “substantial service” requirement at license renewal at the end of 10-year term. Bureau also denied WCA’s request to add express condition as unnecessary because service rules specifically required 39 GHz auction licensees to protect incumbents. Rules state “39 GHz band licenses may not cause interference to a previously existing station operating in another authorized service area.”
Country of origin cases
FCC should require cable operators to stop blocking fully functional navigation devices for DTV, CEA said in semiannual report on cable-DTV compatibility. Nov. 6 report, following report by NCTA that was filed by Oct. 31 deadline (CD Nov 1 p7), drew heated response from NCTA. CEA said lack of agreement on DTV-cable compatibility “not only suffocates the market” for DTV cable set-tops, but “also stalls the crucial transitional market for DTV receivers.”
Former Canadian diplomat Hugh Stephens named AOL Time Warner senior vp-international relations, Asia… Aaron Taylor promoted to vp-mktg., ESPN… Steven Pierson, ex- AirTouch Communications, named vp-engineering & deployment, Leap Wireless… Sherri York, ex-MTV, becomes SoapNet vp- mktg.; Mary Ellen DiPrisco promoted to exec. dir.-original programming… Harris Corp. promoted Jay Adrick to vp- strategic business development, Douglas Stark to vp-studio products.
Verizon Wireless submitted waiver request to FCC for implementing wireless priority access service (PAS), saying commercial, off-the-shelf technology wasn’t available that met agency guidelines. Waiver request reveals first details of carrier’s planned system. National Communications System (NCS) put out request Oct. 10 for immediately available PAS capability that could be operational in Washington by Dec. 10. After that, immediate PAS would be implemented in N.Y. and Salt Lake City, “with other markets possibly to follow,” Verizon said. Company outlined technical solution called emergency services capability for those 3 markets. Under that system, Verizon Wireless said that within one hour of being notified by NCS of emergency, it would convert one carrier in each cell site from nonemergency to emergency use only, “thereby increasing the chances that national security emergency personnel users with programmed handsets” could access radio channel. Waiver request said: “The remaining network capacity will continue to serve subscribers and roamers.” Verizon Wireless also plans to test alternative technical solution, called Access Channel Persistence, for potential deployment in Nortel equipment markets. Under that 2nd system, one carrier wouldn’t be earmarked just for emergency use. Instead, 2 classes of network users would be created during emergencies -- priority and nonpriority. Upon activation, access message from priority users would be sent “with less delay than the access messages from nonpriority uses, thus increasing the chances that calls from priority users would be successfully originated.” Neither solution meets requirements of guidelines FCC issued last year for wireless PAS, carrier said, because technology that would allow service deployment in line with order wasn’t available yet. As examples, carrier said short-term PAS solutions wouldn’t be able to recognize and differentiate among users that had different priority levels. Short-term system also wouldn’t be available at all times by dialing feature code and wouldn’t place unsuccessful calls in line for next available channel. Waiver, if granted, would take effect immediately and would remain in place as long as Verizon Wireless provided immediate service PAS to NCS. Verizon also asked that waiver be provided under any technical solution covered under NCS contract. “Verizon Wireless will test 2 different technical solutions and may implement different solutions in different markets depending on the equipment type deployed in each market,” carrier said. Verizon contended granting waiver would in public interest. “In the wake of the events of September 11, the government has repeatedly stated that one tool it needs to address future emergency situations is a wireless priority access capability.” Verizon urged FCC to act quickly on request. “The urgency of this situation also warrants a decision by the Commission not to place this request for waiver on public notice and solicit public comment,” company said. Carrier included statement of support from NCS on waiver petition. NCS Deputy Mgr. Brent Greene said, “The priority access service to be provided, although not fully compliant with Commission rules, is vitally essential to the security of this nation. The United States was attacked on September 11, 2001. Some telecommunications assets were damaged. Undamaged assets were strained to and well beyond their limits.” Greene said wireless networks in N.Y. and Washington were strained and “essential” national security and emergency personnel calls couldn’t be made.
National Mapping and Imagery Agency (NIMA) renewed its contract with Space Imaging Nov. 5 (CD Oct 26 p2), deal that provides agency with exclusive access to Ikonos, most powerful commercial imaging satellite, NIMA official said. Initial agreement was protested by news media, which said exclusivity denied media access to newsworthy images. RTNDA was waiting to see if new deal was reached to react, spokeswoman said: “We are going to send a letter to the Pentagon deploring this move.” After first agreement was reached, RTNDA said it was disappointed that govt. would use taxpayers dollars to purchase images that have material of interest to public, in order to keep it away from media. Second 30-day contract is valued at $1,912,500, same as original pact, but it gives NIMA option of terminating contract, official said: “We're keeping our options open and seeing what will develop..We have the option of renegotiating every 30 days.” NIMA is using images in support of Operation Enduring Freedom. Current deal expires Dec. 5. NIMA must pay additional $20 per km for any images it purchases, but official wouldn’t say how many images were purchased or how much was spent beyond $1.9 million base deal. Space Imaging official also declined comment on further monetary details, and would continue to refer all of those inquiries to NIMA, he said.
Concurrent Computer Corp. said it was expanding its subscription video-on-demand (SVOD) tests in Columbia, S.C., to 2 additional Time Warner systems in Summerville and Myrtle Beach, bringing to 6 number of SVOD trials. Company said its MediaHawk Model 2000 was being used in all 4 current SVOD trials, including TW’s Home Box Office test in Columbia. Trials allow 328,000 basic subscribers in Columbia to have HBO movies and original HBO programs on demand with VCR functionality, including pause, fast-forward, rewind. MediaHawk video servers used in Columbia are capable of 5,440 streams and nearly 2,000 movie titles, as well as back-office services such as billing and subscription management, company said. Trials are on both Scientific-Atlanta and Motorola digital networks and involve SVOD programming providers, including Starz Encore, HBO and Showtime, Concurrent said.
Teledesic wants FCC to “set the floor lower” for relocation compensation paid to terrestrial fixed wireless services, it said in oral argument in U.S. Appeals Court, D.C., Mon. In reply brief and arguments, company called payment of relocation compensation “excessive and inefficient.” Court had been scheduled to hear arguments on 4 points involving FCC rulemaking and order -- windfall compensation, cost mitigation, 10-year sunset requirement, low-power terrestrial licensing. However, court and attorneys for FCC and Teledesic concentrated on windfall compensation and cost-mitigation in 40-min. hearing. Sunset requirement and low-power terrestrial licensing issues were moot points after FCC granted Teledesic request following petition for reconsideration of June report and order (R&O) Thurs. While Commission urged court to reject arguments, Teledesic said FCC had failed to explain why it departed from past procedure of assessing fair market value. “They never really wrestled with issues,” said attorney Mark Grannis: “We want the court to send it back and instruct the FCC to reconsider this action in a thoughtful and meaningful way.”
Broadcasters and multichannel video providers must add aural tone to each crawl or scroll of emergency information, FCC said in order Fri., but it granted 6-month waiver of rules for weather information warnings received from Weather Channel. Commission said it was “uncontroverted” that providing tones for each Weather Channel-originating warning would be difficult and expensive.
Correction: In obituary of Sherwin Grossman (CD Nov 1 p8), it was incorrectly stated that he owned low-power WJAN Miami. He was original licensee of station, but was pres. ( not owner) at time of his death. Also, Grossman had 2 daughters, not one.
Competition Policy Institute (CPI) urged FCC to retain “opt-in” requirement for telecom carrier use of customer proprietary network information (CPNI). FCC is reconsidering its CPNI rules because its original opt-in requirement was vacated by 10th U.S. Appeals Court, Denver. In comments filed Tues., CPI argued that FCC could continue using opt-in requirement without restricting telecom carriers’ commercial speech rights, which was court’s concern. CPI said court ruling simply required FCC to “examine alternate modes of obtaining customer approval of the release of CPNI and select the mode with the smallest effect on commercial free speech.” Opt-in process requires carriers to get affirmative okay from customers before using CPNI for marketing other services. Alternative is opt-out, which lets carriers use information unless customers ask them not to. CPI told Commission: “Following a thorough examination of the issues, CPI believes that the Commission will conclude that an opt-out regime is not an effective means of safeguarding the privacy of extremely sensitive private information about consumers as required by Sec. 222 of the Communications Act.”