Cablevision Systems said it expected its new Rainbow Media Group Class A tracking stock to start trading on N.Y. Stock Exchange March 30. MSO said its existing Cablevision Class A common stock, redesignated as Cablevision NY Group Class A common, would continue trading on N.Y. Exchange.
Mo. PSC voted to support Southwestern Bell Telephone (SBT) entry into interLATA long distance. PSC said SBC Communications business unit satisfied 14-point Telecom Act checklist and SBT entry was in public interest as long as telco stuck to agreement it made with PSC and CLECs on interim rates and terms to be offered to all competitors for colocation, line sharing, line splitting, loop conditioning, unbundled network elements. PSC said it would continue “close monitoring” of SBT’s performance in serving CLECs “to ensure they are treating local competitors fairly.” Agency said it had opened dockets to set permanent rates and terms for SBT wholesale services
SAN JOSE -- While dot.com crash has dampened much of enthusiasm for finding new and faster ways for delivering data to consumers, Digital Hollywood Broadband conference here this week offered some glimmers of hope that new technologies and, more importantly, business models would evolve to enable satellite and wireless to join cable modems and DSL in high-speed delivery of content to consumers.
Globalstar has been hit with class action lawsuit in U.S. Dist. Court, Manhattan, by law firm that alleges satellite telephone company provided materially false and misleading information about its financial condition and future growth potential. As result, Cauley, Geller, Bowman & Coates said, Globalstar stock traded at artificially inflated prices. Specifically, complaint alleges that Globalstar misrepresented that its plan to roll out satellite telephone network was on schedule and that demand for system was strong and in line with expectations when in fact company was experiencing significant delays in obtaining approval for system from European regulators, which was negatively affecting sales. Suit also charged that system was subpar because it failed to offer roaming service, making it uncompetitive in developed nations, and that company “repeatedly made false claims about demands for products.”
FCC Chmn. Powell sounded familiar theme in speech to USTA conference Wed., extolling marketplace over regulation, need to run Commission more efficiently and to add more technological knowhow. He joked with reporters in audience about how many times they had heard his themes. Powell told audience that “the market has to be at the pinnacle of government philosophy” but reminded that deregulated companies faced more risk because “the market can be a killer.” Marketplace can “strangle bad business models,” he said, “doing what regulators fear to do.” There’s need for “enlightened competition policy” that recognizes importance of innovation, he said. Asked whether he would work to reduce number of court remands, Powell said there had been times when agency had been “a little too aggressive” in pushing boundaries of law. It’s understandable, he said, because it’s challenging to fit new technology issues within confines of Communications Act. Solution is to be conservative, he said. “I can’t make up a rule” and doing so could damage FCC’s relationship with Congress, Powell said. “There are things I know are wrong but they are the law,” he told audience. “Many of you will get no’s from me not because I disagree but because I can’t find it [in law].” In answer to another question, he said he doubted new commissioners would be named within next 2 months but said it was hard to tell. It all depends on how deals are struck, he said. Asked whether merger of WorldCom and Bell company still would be “unthinkable,” as ex-FCC Chmn. Reed Hundt said in connection with AT&T-SBC, Powell said “nothing is unthinkable.” He quickly added that it would be “totally inappropriate” for him to say anything about any contemplated merger until request for action had been presented to FCC.
FCC late Wed. announced it wanted to “update and refresh” its record on Computer 3 requirements for dominant carriers and asked for new comment on issues it raised in Jan. 1998 proposed rulemaking. Agency asked for comment on variety of issues such as “any developments in the ISP market since 1998 that the Commission should consider in reexamining the effectiveness of [Computer 3 and Open Network Architecture (ONA)] requirements.” Agency asked whether ISPs still relied on ONA framework to get DSL services from Bell companies. “If ISPs use means other than ONA to acquire DSL service, commenters should identify such alternatives and discuss whether they offer a more effective and efficient approach for obtaining required services,” FCC said. Agency also asked whether: (1) There was way to make any safeguards it adopted more “self-enforcing.” (2) Unbundling requirements for ILECs under Telecom Act would ease concerns expressed in 1994 by 9th U.S. Appeals Court, San Francisco, about effectiveness of nonstructural safeguards set up in earlier ONA proceeding. Agency said comments would be due 30 days after publication of notice in Federal Register, with replies due 15 days later.
Several panelists at Credit Suisse First Boston (CSFB) conference Wed. in N.Y. said upcoming FCC order on reciprocal compensation payments would provide early sign of agency’s commitment to rely on market forces under Chmn. Powell. Verizon Senior Vp-Public Policy Thomas Tauke said work on reciprocal compensation order was likely to wrap up in next 30 days. “We are going to have a transition away from it, which will save us substantial amounts of money this year and next year,” he said. Tauke and others said they expected Commission to look at broader issue of intercarrier compensation shortly. He said there was “80% chance” that FCC would undertake some streamlining of Sec. 271 long distance application process, with 50-50 chance that changes would be “significant.”
Cal. Court of Appeals, San Francisco, ruled public libraries funded from state and local sources weren’t legally obligated to block access by minors to pornographic Internet Web sites. Court ruling came in lawsuit against Livermore City Library system by woman who claimed her son was traumatized by Internet porn he viewed at city’s central library (Kathleen R v. Livermore, Doc. A886349). Court said libraries, like Internet service providers, weren’t liable for lawsuits arising from content on Web sites their users visited. Court said there was nothing in state law making libraries liable if they didn’t install Internet filters to keep indecent and obscene material from minors. Court said libraries could be liable in cases where librarians actively assisted minors to find obscene Web sites, but not if they simply provided equipment and access and minor found Web smut on his own. Congress recently passed law, now under court challenge, to require that federally funded libraries install smut-blocking filters on Internet terminals used by minors. That law wouldn’t apply to Livermore library’s case because it doesn’t accept federal funding.
Canadian Radio-TV & Telecom Commission (CRTC) said existing telemarketing rules now would apply to all telecom service providers uniformly across country and called for public input on whether rules should be toughened. CRTC said move addressed “patchwork application of rules across Canada” that differed from region to region and by type of service provider.
Correction: In its recent ex parte presentation to FCC on cable open access issue, Comcast stressed, rather than complained about, its new service advances and increased competition that it faced from DBS providers and cable overbuilders (CD March 7 p9).