The FCC Media Bureau reversed itself, rescinding an FM-translator construction permit change to one company and sustaining another broadcaster’s objection. Saga Communications sought to undo the CP application granted to Lake Country Broadcasting to modify a translator in Branchport, N.Y., to change its community of license to Dundee and Penn Yan and relocate its transmitting antenna. “The CP Application is the latest in a series of translator ‘hops’ relocating Station W245BL’s facilities to various sites in the Finger Lakes region of upstate New York,” said a letter Thursday to attorneys from bureau Audio Division Chief Peter Doyle (http://bit.ly/17qg7xd). Saga said the CP shouldn’t have been granted because the translator’s contour overlapped with the company’s WYXL(FM) Ithaca. “We agree with Saga that the ‘US Topo’ map, which was not before the staff at the time of grant, demonstrates that the CP Application violated the general contour overlap rule,” wrote Doyle. “Saga has shown material error in the grant."
Comcast no longer faces cable-rate regulation in a city which says it’s the only one both named for and christened by President Abraham Lincoln. The cable operator faces sufficient video competition in Lincoln, Ill., said an FCC Media Bureau order Thursday approving the company’s request that cited rivalry from both U.S. DBS companies (http://bit.ly/17qfd3U).
Encourage private sector investment in broadband access, said Idaho Rep. George Eskridge (R) in a Thursday op-ed in The Idaho Statesman (http://bit.ly/16jAfg7). He praised the “app economy” and the “Internet economy” and framed his case in economic terms. “During this interim time, and in preparation of our upcoming legislative session, it is critical that we prioritize the issue of broadband access in our state,” he wrote. “We need to find solutions that encourage private sector investment and bring high-speed Internet to even our most rural areas.” He decried the low access in Bonner and Boundary counties, which he represents -- 83 percent and 87 percent of households, respectively.
The FCC shouldn’t wait for the 2010 Quadrennial Review to review Raycom’s “defacto control” of three Honolulu TV stations, the Media Council Hawai'i told an aide to acting Chairwoman Mignon Clyburn, according to an ex parte filed Tuesday (http://bit.ly/129yeOO). MCH urged the agency to take action on MCH’s 2011 application for review, which challenges the Media Bureau order denying MCH’s ownership complaint against Raycom. “Although MCH filed comments in the 2010 Quadrennial Review proposing a test for attributing sharing arrangements like those in Honolulu, the 2010 Quadrennial Review has not yet been concluded,” said MCH. “Nor is it clear when the proceeding will be concluded or whether it will address the issue of shared services.” MCH also said the situation couldn’t wait for a challenge to Raycom’s license renewal, because such a challenge wouldn’t be due until 2015. MCH said the services shared among the three Honolulu stations has led to “the loss of an independent source of news,” and that along with the stations, Raycom’s Hawai'i News Now is “sharing resources and cross-promoting stories” with the city’s one remaining daily newspaper. “And because of its location, Hawai'i is unable to receive broadcast stations from other states,” said MCH in the ex parte letter. MCH said the FCC should act quickly to “prevent the creation of new ‘virtual duopolies’ in other communities.” Clyburn and her staff were also urged to resolve the Quadrennial Review by representatives of the Public Interest Spectrum Coalition, according to another ex parte filing (http://bit.ly/11pDiDq). Clyburn should “move forward on the broadcast ownership proceeding during her tenure, if possible, in order to resolve the issue before the new Chair takes office,” said PISC member Andrew Schwartzman, formerly of the Media Access Project, according to the filing. Schwartzman said relaxing ownership rules could encourage incentive auction-related speculation in broadcast licenses, driving up prices and lowering the returns from the auction, according to the letter. “It therefore makes sense to conclude what has now become a ten-year review and begin fresh with the next Quadrennial Review, scheduled for next year,” said Schwartzman.
The FCC should not eliminate its Dec. 31, 2016, 700 MHz narrowbanding deadline, but should take other steps to cushion the blow for public safety, Motorola Solutions said in comments filed at the commission. “Even if the Commission decides to extend the narrowbanding deadline, there are still benefits to be gained by requiring 700 MHz equipment to be capable of supporting 6.25 kHz efficiency,” Motorola Solutions said (http://bit.ly/1bZWN6G). “The availability of the greater efficiency mode would enable new and upgraded 700 MHz narrowband deployments to more efficiently utilize the limited spectrum available to the public safety community and address capacity challenges as they arise. Additionally, requiring the inclusion of 6.25 kHz efficiency operations in devices in advance of any eventual mandatory transition would allow equipment prices to decrease naturally as 6.25 kHz equipment penetrates the market.” The filing said the FCC should delay by one year the Dec. 31, 2015, deadline prohibiting the marketing, manufacture, or import of 700 MHz narrowband equipment not capable of operating at 6.25 kHz efficiency. “The added time would provide public safety the ability to better manage the transition to greater spectrum efficiency, while still supporting the backwards compatibility and interoperability that will be needed by existing networks that need greater time to leverage their existing equipment investment before such a transition becomes practical, and to better plan such a transition at the appropriate time,” Motorola said. The National Public Safety Telecommunications Council asked the FCC to lift the narrowbanding mandate (CD June 20 p13).
U.S. Cellular offered FCC officials broad advice on the upcoming Phase II Mobility Fund auction, said an ex parte filing at the commission. Representatives of the carrier met with Wireless Bureau staff. “U.S. Cellular advocated targeting Phase II funding to those areas that lack 4G service,” the filing said. “U.S. Cellular believes that coverage should be demonstrated by road miles, as the testing parameters are known to carriers and developing new ones for testing service at residences or businesses will prove to be unduly complicated, difficult to comply with, and to enforce,” the carrier said (http://bit.ly/14kU0SW). “Since this is a mobility fund, coverage requirements should focus on the places where consumers use their phones in a mobile environment. In addition, the existing rule that makes an area ineligible if a carrier makes a public commitment to provide service by a date certain is extraordinarily difficult to enforce and should be eliminated.” C Spire reported on meetings with staff for all three FCC commissioners. “C Spire advocated targeting Phase II funding to those areas that lack 4G service,” the filing said (http://bit.ly/15nbTPW). “C Spire believes that coverage should be demonstrated by road miles, as the testing parameters are known to carriers and developing new ones for testing service at residences or businesses will prove to be unduly complicated, difficult to comply with, and to enforce. C Spire favors removing the letter of credit and opinion letter requirements in Phase II, as the FCC has ample tools at its disposal to enforce its performance requirements. In addition, the existing rule that makes an area ineligible if a carrier makes a public commitment to provide service by a date certain is extraordinarily difficult to enforce and should be eliminated.”
Sens. Chuck Grassley, R-Iowa., and Dick Durbin, D-Ill., introduced a bill Thursday to require TV coverage of all open Supreme Court proceedings. The Cameras in the Courtroom Act would permit the justices to prevent televised coverage of their proceedings if they determine by a majority vote that doing so would constitute a violation of the due process rights of one or more of the parties before the court. “We can all agree that the American public deserves the opportunity to see firsthand the arguments and opinions that will shape their society for years to come,” Durbin said in a joint news release. “The accountability, transparency and openness that this bill would create would help increase understanding of, and appreciation for, the highest court in the land and the decisions the court makes,” said Grassley. Grassley and Durbin had previously sponsored the Sunshine in the Courtroom Act (S-410), which would require cameras in the courtrooms, and which failed to pass in the last session of Congress. The high court has never allowed reporters to bring cameras or tape recorders inside, and didn’t allow cameras to record oral argument about the national healthcare law in March (CD March 19 p16). The justices have raised concerns that televising their hearings could hurt their collegiality and overall ability to make objective decisions (CD Dec 7/11 p1).
The intellectual property enforcement coordinator is beginning a review of Customs and Border Protection enforcement of International Trade Commission exclusion orders. The initiative was announced June 4 by President Barack Obama, as part of a broader effort toward reducing frivolous “patent trolling” in intellectual property litigation (CD June 5 p12). The interagency review by IPEC will evaluate procedures CBP and the ITC use to determine the scope of exclusion orders, which are issued by the ITC in Section 337 cases to bar imports of intellectual property-infringing merchandise, said a Federal Register notice. Comments on several issues related to the review are due July 21. The interagency group will come out with recommendations from its review within six months, IPEC said. Violations of Section 337 of the Tariff Act of 1930 occur when foreign goods that infringe intellectual property rights -- like patents, copyrights and trademarks -- are being sold in the U.S., and a viable domestic industry exists that is using the protected technology. If the ITC finds violations of Section 337 in an investigation, it may issue cease and desist orders and exclusion orders. Exclusion orders bar imports that infringe the intellectual property rights at issue, and may be either limited (applying to one company) or general (applying to all infringing products). CBP is tasked with enforcing the exclusion orders. Because exclusion orders don’t cover all imports of a given product -- they only bar infringing imports -- CBP must determine whether a particular product infringes the intellectual property rights and should be barred. CBP enforcement of exclusion orders was recently at issue in a Court of International Trade case on CBP’s refusal of entry to a Corning Gilbert coaxial cable connector based on an ITC exclusion order. Despite CBP’s argument that it can’t undertake detailed patent infringement analyses for every product potentially subject to ITC exclusion orders, the court said CBP should have done more, and reversed the agency’s decision to refuse entry. The government subsequently withdrew an appeal of the decision. IPEC said the interagency review of CBP exclusion order enforcement will be chaired by that office, a division of the Office of Management and Budget, and will include representatives from the ITC, U.S. Trade Representative, and the departments of Homeland Security, Treasury and Justice. The group will evaluate procedures used to determine the scope of exclusion orders, and ensure such procedures are “transparent, effective, and efficient,” IPEC said. One focus will be whether CBP uses transparent procedures when determining whether an article is subject to an ITC exclusion order. The group will also look at ways to improve ITC enforcement instructions to CBP. IPEC seeks comment in connection with its review on recommendations for changes to agency policies, practices, guidance and regulation.
Pinnacle Communications “has engaged with tribal leaders” of the former reservations of the Choctaw Nation, which the Oklahoma telco serves, the company said. “While the Chief was unavailable to speak with us, the chief directed their information technology coordinator to visit with us regarding our services and the needs of the tribes” (http://bit.ly/11obcsi). Tribal members were “unavailable for a face to face” visit, but the telco had multiple phone and email discussions about how to address tribal needs, it said. The FCC last year offered guidance on the 2011 tribal engagement obligations imposed on eligible telecom carriers that deal with tribal groups. “The discourse should be between decision-makers on both sides,” the agency’s Office of Native Affairs and Policy said, stating the goal should be to have “an honest dialogue to learn from one another” (http://bit.ly/11ob3EZ). Carriers have said the rules are so burdensome that they might creative disincentives to serve tribal lands (CD Sept 28 p6).
The optical components (OC) market will expand at an 8 percent compound annual growth rate (CAGR) through 2018, reaching $10.5 billion that year, research firm Ovum said Wednesday. The OC market will expand 4 percent this year on increasing optics demand in datacom and WAN, Ovum said. WAN, the OC market’s largest segment, has been experiencing double-digit growth because of high demand for 100G ports; datacom, meanwhile, will have a 16 percent CAGR through 2018, Ovum said. “Demand to support data centers for cloud services is a large driver for datacom sales, and high-speed transceivers are needed to support this segment,” said Daryl Inniss, Ovum practice leader-components, in a news release. The OC market’s revenue growth has a counterbalance in equipment vendors’ efforts to manufacture their own components, but they ultimately must rely on component vendors to drive down costs, Ovum said (http://bit.ly/1au5oAM).