Despite sharply divided Commission, FCC Mass Media Bureau approved 32 radio station license transfers in 26 markets, clearing 75% of backlog of long-standing license transfer applications. Approval sparked strong dissenting comments by Comrs. Ness and Tristani, and support by Chmn. Powell and Comr. Furchtgott-Roth. Ness said FCC should have begun systematic review of FCC licensing process at same time that decisions were announced, but Powell said implementation could be reviewed as part of pending rulemaking on radio market definitions. Stations generally were in medium and small markets. NAB Pres. Edward Fritts called announcement of action on radio licenses “welcome news.”

FCC denied TRW waiver request Mon. to provide fixed satellite services on certain channels in 38.6-40 GHz, saying company hadn’t provided sufficient showing to justify grant and requested waiver couldn’t provide relief company wanted.

Broward County, Fla., said it would press ahead with its appeal of U.S. Dist. Court, Miami, ruling overturning its open access ordinance if no settlement were reached with AT&T and Comcast by April 18. “Absent a settlement agreement, the County’s opening brief challenging the lower court’s First Amendment ruling would be due April 18” in 11th U.S. Appeals Court, Atlanta, said Andrew McBride, outside counsel for County. He said 11th Circuit mediator had extended briefing schedule twice to allow parties to continue attempts at settlement. Saying only that proposals and counterproposals had been made, McBride declined to provide specifics of negotiations because they “might well prejudice any remaining chances of reaching an agreement.” No fresh proposals have emerged from discussions with companies, said Asst. County Attorney Anitra Lanczi, and county will go ahead with appeal if no settlement is reached.

Mont. Sens. Burns (R) and Baucus (D) sent letter to President Bush pushing Mont. PSC Comr. Bob Rowe (D) appointment to FCC. They said Rowe “is widely respected on both sides of the aisle for his expertise and evenhandedness. His ability to bring people together and move forward would be a great addition to the new team being assembled at the FCC.” Burns and Baucus acknowledged that Senate Commerce Committee ranking Democrat Hollings (S.C.) should get to fill first of 2 expected Democratic openings on Commission, but asked that Rowe be considered for 2nd. That would hurt chances of Andy Levin, staffer for House Commerce Committee ranking Democrat Dingell (Mich.). Sources recently have told us that Levin’s nomination was far from certain, although Dingell had publicly stumped for him.

CTIA said it supported Western Wireless request that FCC give it eligible telecom carrier (ETC) status so it could qualify for universal service funding for service at Pine Ridge Reservation in S.D. CTIA said determining whether FCC had jurisdiction was “balancing test” since primary jurisdiction usually was with state regulators. However, this is clear-cut, CTIA said. Because population of Pine Ridge is “overwhelmingly Native American,” Western Wireless’s service isn’t subject to state jurisdiction, “but is entirely within the scope of the FCC’s authority,” CTIA said. S.D. PUC denied Western Wireless’s request for statewide ETC status but CTIA said this petition was separate from that.

House Telecom Subcommittee Chmn. Upton (R-Mich.) and Senate Commerce Committee ranking Democrat Hollings (S.C.) highlighted differences Mon. between what legislative approaches could be expected this year from party leaders on ownership caps and programming content regulation. Speaking at NAB state leadership conference in Washington, Upton also said he opposed White House proposal (CD March 2 p1) to require lease fees for broadcasters keeping analog spectrum beyond 2006 digital TV transition deadline.

Four carriers filed petitions to deny or delay awards of certain FCC C-block licenses won in $17 billion auction of 422 licenses in Jan. Despite some expectation that petitions to deny would focus on financial backing of designated entities by larger carriers, only one challenge centers on these arrangements. Three others urge FCC to first allow courts or agency itself to make final decisions on licenses previously cancelled for non-payment. NextWave filed petition asking agency to delay spectrum awards until U.S. Court of Appeals, D.C., issues opinion on its licenses cancelled for non-payment and subject of lengthy court proceedings. Notable absence among petitioners was Allegheny Communications, which has been vocal critic of arrangements such as Cingular’s 85% stake in designated entity Salmon PCS. Allegheny, which was widely expected to file petition to deny, instead struck $15 million deal with AT&T Wireless Fri. for PCS licenses in Tex., making challenge unnecessary because company will receive spectrum it sought, attorney said. Besides NextWave, carriers that filed petitions were 21st Century Telesis, TPS Utilicom and Southern Communications Systems.

Mobile Satellite Users Assn. filed comments with FCC Fri. supporting Deere & Co. application for blanket authority to operate up to 10,000 non-common carrier, receive-only domestic earth stations linked to Inmarsat II F-2 Satellite.

Ky. House-Senate conference committee recessed Fri. without reaching agreement on sharply differing no-call telemarketing bills passed by each chamber. Committee will return March 22 for 2-day session to wrap up loose ends before legislature adjourns for year. House and Senate passed differing versions of HB-54. House version would eliminate all current exemptions to state’s no-call telemarketing list and severely punish sellers who used deceptive sweepstakes and other misleading promotions. As amended by Senate, bill would create special no-call list with zero exemptions only for persons 65 years and older, and sweepstakes language was deleted. Conferees agreed to eliminate sweepstakes clauses from bill and greatly reduce number of telemarketer types exempt from current no-call list, but couldn’t agree on whether there should be special zero-exemption list for people of all ages.

While Fox and NBC TV Networks have abolished their annual affiliate conventions, ABC and CBS plan no cutbacks in station entertainment this spring. ABC stations will gather in Anaheim for 3 days May 21-23 to celebrate opening of parent Disney’s new California Experience theme park and hotel. CBS, for 3rd straight year, will gather in Bellagio Hotel in Las Vegas May 30-31. Fox and NBC said they planned teleconferences to replace affiliate gatherings and will invite stations to upfront presentations of new fall schedules to advertisers and agencies in spring.