EchoStar’s proposed takeover of DirecTV would be “perfect monopoly” and new EchoStar wouldn’t have reason to carry local stations, NAB told Dept. of Justice (DoJ) in filings and private meetings in which it expressed opposition to deal.

EchoStar’s proposed takeover of DirecTV is “perfect monopoly” and New EchoStar wouldn’t have reason to carry local stations, NAB told Dept. of Justice (DoJ) in filings and private meetings about deal. Exec. Vp-Govt. Affairs James May confirmed NAB was among opposing groups that had filed documents and held meetings with Justice officials to discuss acquisition. Unlike at FCC, DoJ documents are private. Concerns about local carriage are at center of NAB opposition, May said: “It’s only to their benefit to carry the largest markets. That’s what we are most concerned about.” NAB, which will make one more filing with DoJ, NRTC and American Cable Assn. are among opponents that have met with Justice, officials confirmed. Groups were among those represented in “DISH The Merger” rally at DoJ hq Wed.

Highlighting recent attention to child abductions, legislation to expand “Amber Alert” broadcasting system is being debated in Senate and House. In hearing Wed. before Senate Judiciary Technology Subcommittee, NAB Pres. Edward Fritts said his association supported legislation that would accelerate adoption of Amber plan -- emergency system to quickly warn public about potentially dangerous child abduction. NAB spokesman said adoption of Amber Alerts wasn’t controversial in broadcasting community. Sen. Hutchison (R-Tex.), not member of Technology Subcommittee, introduced bill Tues. that would expand system. Rep. Foley (R-Fla.) introduced similar bill Wed. Bills would create national coordinator for Amber system and devote resources for training and would streamline communications among states. Sen. Hatch (R-Utah) urged Committee to consider markup of bill as early as today (Thurs.) Several senators said it was likely to pass.

Senate Governmental Affairs Committee Chmn. Lieberman (D-Conn.) introduced substitute bill Wed. to create Dept. of Homeland Security (DHS) that would have separate divisions for critical infrastructure protection (CIP) and intelligence analysis. Senate continued debate Wed. evening after Sen. Wellstone (D-Minn.) introduced an amendment that would make DHS-related procurement off-limits to U.S. companies that incorporated outside country to avoid paying taxes.

With stakeholders in the National Products Stewardship Initiative (NEPSI) all but deadlocked over financing system for collection and recycling of electronics waste (e-waste) such as consumer electronics components, attention is turning to legislation by Rep. Thompson (D-Cal.), first attempt to address issue at federal level. For different reasons, industry, states and environmentalists welcomed Thompson’s efforts that put e- waste issue on national scene, but all of them had concerns with bill as introduced. Proposed Computer Hazardous Waste Infrastructure Program Act (HR-5158) would establish grant program for recycling to be administered by EPA through fees on sale of computers, monitors and laptops. EPA will award grants on competitive basis to state and local govts. and organizations that recycle computers in efficient and environmentally responsible way.

Effective congressional oversight of proposed Dept. of Homeland Security (DHS) must be maintained without imposing burdensome rules and regulations on its leaders, former Lockheed Martin CEO Norman Augustine told presidential panel Thurs. Effective implementation of 4-unit cabinet-level entity, which would include creation of Information Analysis & Infrastructure Protection and Emergency Preparedness & Response divisions, “will require a lot of relief from Congress,” Augustine told President’s Homeland Security Advisory Council (HSAC).

LONG BEACH, Cal. -- “Fundamental reform” of export licensing controls is needed for survival of U.S. satellite business, Boeing Vp-Govt. & Legislative Affairs Loretta Dunn told International Satellite & Communications Exchange (ISCE) Conference here Thurs. Dunn said she had led industrywide effort to modify controls since satellites were placed on munitions list and licensing was moved to State Dept. from Commerce Dept. in 1998 after 2 U.S. companies were accused of passing sensitive technical information to Chinese following launch failures. Satellites should be licensed as commercial products, Dunn said: “It’s critical for industry to move forward. We need rationalized and streamlined” approach to licensing. She said industry wanted “to move satellites back to Commerce, but we don’t want to change any of the safeguards.” Dunn said not one U.S. satellite export license request had been rejected since new guidelines had been in place.

SBC told FCC it had invested “tens of millions of dollars” to be able to provide Enhanced 911 Phase 2 capability. Similar filings outlining progress on interconnections needed for E911 deployment also were made by Alltel, BellSouth, Qwest, Sprint and Verizon in response to request by Wireless Bureau Chief Thomas Sugrue last month that they make that information publicly available. Public safety groups and several wireless carriers have cited LEC cooperation as “missing link” in some E911 deployment situations, which also depend on public safety readiness and wireless carrier deployments. Some concerns have centered on progress of LECs in upgrading automatic location information (ALI) databases needed to support Phase 2. ALI consists of more specific latitude and longitude information under Phase 2 that’s provided to emergency dispatchers when wireless caller dials 911. LECs outlined range of methods to recover costs of Phase 2 upgrades from public safety agencies and wireless carriers, including tariffs, interconnection agreements and existing contracts.

FCC Wireless Bureau dismissed as moot requests by Central Wyo. College (CWC) and Idaho State Board of Education (SBE) for exemption from auction of lower 700 MHz licenses because they were noncommercial educational (NCE) broadcasters. Auction of C- and D-blocks of lower 700 MHz band is set to start today (Tues.) after Congress passed legislation indefinitely postponing June 19 start of lower and upper 700 MHz band auctions, with exception of smaller licenses in Ch. 52-59 spectrum. In Aug. 23 letter from Margaret Wiener, chief of bureau’s Auctions & Industry Analysis Div., agency turned down requests by CWC and SBE that their short-form applications to participate in auction be accepted and processed outside of FCC’s competitive bidding process. CWC and SBE, state agencies that operate public TV stations, also had sought waiver of requirement that they submit certain financial information to establish their eligibility for bidding credits. In June, U.S. Appeals Court, D.C., turned down request by same state agencies for emergency stay of auction of licenses at issue in FCC petition. They argued they should have access to spectrum without having to undergo competitive bidding in light of D.C. Circuit’s ruling last year in National Public Radio v. FCC. In that decision, court decided that denial of auction authority to FCC was based on noncommercial educational attributes of station that would receive license and not where it operated in spectrum. CWC and SBE cited part of Sec. 309(j) of Communications Act, which indicated FCC’s competitive bidding authority shouldn’t apply to licenses issued for NCEs. In June order, FCC decided NCEs weren’t eligible to apply for initial licenses for new services in lower 700 MHz band, saying that allowing such licensees were allowed to apply for spectrum in band would create uncertainty about what licenses would be available for auction. Bureau letter Mon. said CWC and SBE claims were moot as result of earlier FCC decision that NCEs weren’t eligible to apply for initial licenses in that band. Because CWC and SBE as NCEs weren’t eligible to apply for those initial licenses, Bureau said FCC didn’t have to consider whether Sec. 309(j) auction exemption would apply. Separately, Bureau turned down request for emergency waiver by Coleman County (Tex.) Telecommunications that FCC waive upfront payment deadline for lower 700 MHz auction because its investment broker had failed to transfer funds to FCC in time. Coleman said it had exercised due diligence in making arrangements for wire transfer of funds. Bureau said it was unpersuaded that Coleman laid out circumstances warranting waiver of deadline and that carrier had enough time to meet it. “The Commission has repeatedly cautioned auction participants regarding the importance of planning ahead to account for unforeseen last-minute difficulties,” it said. Coleman also argued that because Bureau had decided to allow qualified bidders not departing from lower 700 MHz auction to augment their upfront payments, that meant deadline was extended for nonqualified bidders. “The Bureau’s actions to maximize competition within the pool of qualified bidders do not alter the limitations the Auction Reform Act imposes on which entities are eligible to participate” in remaining 700 MHz auction, FCC said.

IBM confirmed it would build public safety data communications network for Washington area in concert with public safety and transport agencies in capitol and surrounding suburbs. IBM, in project with price tag estimated at $20 million, said it would be first interoperable wireless system to run across several govt. jurisdictions, allowing 40 local, state and federal agencies to talk with each other. Program, called Capital Wireless Integrated Network (CapWIN), will use instant messaging application deployed on devices such as PCs, personal digital assistants and data-enabled mobile phones, IBM said. Company said authorized users on CapWIN could set up response teams to use restricted-access chat rooms during emergencies such as natural disasters, traffic accidents or terrorist threats. “For the first time, the Greater Washington, D.C., region will have a secure and powerful system that lets police, firefighters, transportation officials and other responders communicate with each other rapidly during crises,” said Alexandria, Va., Police Dept. Chief Charles Samarra, who is chmn. of CapWIN executive committee. Network is sponsored by National Institute of Justice, Md. State Highway Administration, Va. Transportation Dept., Public Safety Wireless Network, U.S. Transportation Dept. Organizers described project as potentially providing template for other regional public safety systems by helping historically incompatible communications equipment to talk with others. As example, IBM said first responders at scene of emergency could use system to link ambulance drivers, firefighters, transportation response units, hazardous materials teams. System will have potential to create longer-term chat groups for continuing assignments such as criminal probes, IBM said. For Washington area, system will enable police officer to have access to records beyond own department by providing “communications bridge” to databases of all participating agencies. Among technology advances of project is ability for image/video transmission. Test will include 6-14 in- vehicle systems that will allow messaging among police cars in Md., Va. and D.C. First phase of project will test operations of those mobile platforms and other transportation and public safety systems. Goal in 2nd year is to have at least 30 vehicles from state and local police, fire and emergency services talking to each other on network using several wireless data platforms. Third-year goal is to have at least 60 vehicles on network. IBM said system would use global directory it had developed to provide “bridge” connecting different addressing systems that various govt. agencies use. Washington Post reported Thurs. that Motorola was appealing award of contract to IBM at Md. State Board of Contract Appeals, with hearing expected in fall. Motorola spokesman couldn’t be reached for comment Thurs.