NEW ORLEANS - Although they didn’t call for FCC mandates, 2 of 4 remaining agency commissioners said Fri. that broadcasters should voluntarily keep tapes or transcripts of programs that might be subject of Commission indecency enforcement actions. Comr. Copps, who first raised issue immediately after taking office, said voluntary industry action might be “the best way to avoid a draconian solution.” He suggested broadcasters keep tapes or transcripts of all programming, but Comr. Abernathy said that might be limited to programming that broadcasters believed might generate complaints.

Once again, dispute over CLEC access to enhanced extended links (EELs) has erupted at FCC, complete with flurry of ex parte filings, pending legal appeal and at least one aborted effort by FCC Common Carrier Bureau to fix problem. Seemingly arcane debate over EELS, which is combination of 2 unbundled network elements (UNEs) -- loop and transport -- is one of most important issues facing CLECs, ALTS Gen. Counsel Jonathan Askin said. CLECs complain that they have gotten very few conversions to EELs since FCC cleared way for them almost 2 years ago. However, ILECs question whether competitors’ requests for them are legal. ILEC representatives say competitors are stretching FCC-granted authority for limited use of EELs. ILECs also have mounted counteroffensive by urging FCC to drop transport element from mandatory UNE list, which effectively would eliminate EELs. FCC official wouldn’t comment about what action agency might take or when, but said there would “sharp focus on it this fall.”

Media watchdogs say they're closely monitoring negotiations between Viacom’s UPN and advertisers for signs that product placements will become rampant in cable network’s fall shows. With increasingly bleak economy and tough ad environment for TV concerns, watchdogs expressed reservations about $30 million deal between UPN and advertisers represented by Omnicom Group, including Cingular Wireless, Gillette, McDonald’s, State Farm Insurance and others. Deal already is done, UPN official said, but details of “value-added” elements still were being worked out. Still on table are product placements in shows themselves, logo “bugs” in corner of TV screen and other corporate sponsorship ideas. “If commercial speech overwhelms artistic expression, that’s a source of concern,” critical observer said.

Start-up DBS company Local TV on Satellite (LTVS) is hoping must-carry court fight (CD Aug 9 p1) involving broadcasters, DBS operators and federal govt. boosts its proposed service. Satellite interests haven’t paid much attention to small Raleigh satellite operator, which hopes to offer each of 1,600 full-power local stations exclusively in 210 U.S. markets via satellite, industry sources said. LTVS, which plans to roll out its system in 4 phases, believes it may offer remedy for DBS must-carry problems. Americans don’t want just access to major network local affiliates via DBS, LTVS spokesman said, but also want independents and other networks: “You can’t see a popular show like Buffy The Vampire. There’s no UPN. Must-carry is an important tool for satellites to compete more effectively with cable.”

NextWave moved step closer to winning back its cancelled PCS licenses from FCC last week as U.S. Appeals Court, D.C., turned down Commission’s request for stay. FCC filed motion earlier this month asking that D.C. Circuit’s remand order in NextWave case be stayed pending U.S. Supreme Court review. Remand mandate involved Appeals Court ruling that focused on intersection of bankruptcy law and Communications Act, overturning FCC decision to cancel bankrupt carrier’s licenses for nonpayment. But 3-judge panel of Appeals Court denied stay late Thurs., citing stipulation by NextWave that it wouldn’t make its plan of reorganization effective until Supreme Court issued final decision. FCC officials didn’t comment on whether Commission would appeal denial of stay to Supreme Court. In cases involving D.C. Circuit, Chief Justice William Rehnquist is assigned to hear appeals. Larger administrative questions was how FCC would proceed if rejection of stay were affirmed, particularly because petitions challenging NextWave’s eligibility to hold licenses were pending.

FCC got strong message from small telcos and some state PUCs Tues. in comments opposing agency’s idea of moving all intercarrier compensation to bill & keep regime. Although proposal is supported by large ILECs, rural and state interests expressed fear that it would harm universal service, threaten state independence, encourage more cream-skimming and raise consumer rates. FCC has been eying idea of making intercarrier charges more uniform for more than year and recently issued notice of proposed rulemaking (NPRM) asking for views. Plan would be to replace patchwork of compensation schemes -- such as reciprocal compensation and access charges -- with one form of payment, probably bill & keep. Bill & keep essentially means neither carrier pays other.

SBC asked FCC Mon. for permission to offer long distance service to customers in Ark. and Mo. and said its Sec. 271 application had support of state regulators in Ark. and Mo. To gain FCC approval for long distance entry, SBC must show it has opened its local networks to competition, trade-off required by Telecom Act. Company said local competitors in Ark. and Mo. used same operations support systems, performance measurement plan and “essentially the same interconnection provisions” that FCC already had approved for use by CLECs in Tex., Kan., Okla. Commission approved SBC entry in those 3 states, and company said it now served more than 2.8 million long distance lines there.

Despite weakening economy, cable industry reports increase in deployment of broadband services in quarter ended June 30. NCTA survey showed nation’s cable operators added 920,000 new high- speed Internet cable modem subscribers, or more than 70,000 per week, and U.S. cable modem subscribers now total 5.5 million.

When Liberty Media Group splits from AT&T Fri., it will come under either heavier federal regulation or little regulation at all. Contradiction lies in Liberty’s unique structure and shifting FCC regulatory scheme, industry officials said, and situation has analysts scratching their heads.

After series of waiver requests that FCC has received on upcoming deadline for Phase 2 of E911 implementation, 15 House Democrats and one Republican urged Chmn. Powell to hold fast to Oct. 1 date. Citing Commission’s work to resolve problems related to timely deployment, letter said: “We are concerned that the coordination of effort may be hindered by use of the FCC’s waiver process as a delay tactic rather than for legitimate, intended purposes.” Letter was written by Democratic Reps. Eshoo (Cal.), Markey (Mass.), Luther (Minn.), Green (Tex.), Harman (Cal.), Rush (Ill.), McCarthy (Mo.), Gordon (Tenn.), Farr (Cal.), Kildee (Miss.). Also signing July 31 letter were Democratic Reps. Berman (Cal.), Blumenauer (Ore.), McKinney (Ga.), Pelosi (Cal.), Kind (Wis.) and lone Republican English (Pa.). About half of members signing missive, also sent to Wireless Bureau Chief Tom Sugrue, belong to House Commerce Committee. “In our view, there has been adequate time for wireless carriers and manufacturers to take the necessary steps which would allow them to meet these long established deadlines,” lawmakers wrote. Missive contended basic wireless E911 parameters have been in place since 1996 and many of subsequent changes have been done at behest of carriers themselves. Letter comes after all largest wireless carriers have submitted waiver requests to FCC, which haven’t yet been acted on, concerning Oct. 1 deadline. Carriers asking for temporary waiver include AT&T Wireless, Cingular Wireless, Nextel and Qwest Wireless. Two more recent additions to queue of waivers include Verizon Wireless and Sprint PCS. In their waiver requests, carriers outlined extent to which network equipment and upgraded handsets will not be available on time. House Telecom Subcommittee members had expressed concerns at hearing last month about when advanced wireless location capability of Phase 2 of E911 would be ready. At hearing, ranking subcommittee Democrat Markey had warned FCC against making waivers for sake of “business convenience.” Groups representing public safety answering points (PSAPs) have continued to raise concerns about when E911 Phase 2 capabilities will be implemented. Assn. of Public-Safety Communications Officials-International (APCO), National Emergency Number Assn. and National Assn. of 911 Administrators commented on pending Cingular waiver request for its GSM networks. Groups noted carrier plans to implement Enhanced Observed Time Difference of Arrival solution as quickly as equipment becomes available and network upgrades happen. This part of waiver request comes close to meeting FCC waiver guidelines, groups told FCC in comments. They also point out that Cingular has rejected alternative handset-based solutions because they aren’t available now. “That, however, is a somewhat circular argument as handsets might have been available by now had Cingular and others placed firm orders earlier in the process,” APCO and other groups said.