The Minority Media and Telecommunications Council media ownership study won’t provide the level of analysis required by the Prometheus II decision, Free Press told staff from Commissioner Mignon Clyburn’s office Monday, said an ex parte filed Thursday (http://bit.ly/109zeqe). Outgoing FCC Chairman Julius Genachowski paused a vote on a draft bureau media ownership order to allow MMTC to conduct the study of cross ownership on minority-owned broadcasters (CD Feb 27 p1). Policy Director Matt Wood said Free Press has “serious concerns” about the study, which he characterized as consisting of “interviews with former and current broadcast station principals and executives.” Wood told us Friday that this kind of “qualitative study” won’t provide data showing the economic impact of consolidated media ownership on smaller businesses and minority owners. “It’s nice to see MMTC volunteering to take this on, but it’s not necessarily the kind of research,” requested by the 3rd U.S. Circuit Court of Appeals in its decision on the FCC’s media ownership rules, he said. MMTC President David Honig said in an email Friday that Free Press had been involved in the design process for the study, and that the council had adopted all of Free Press’s suggestions at the time. “So it’s puzzling why they would be critical of our study even before it’s been completed and published,” said Honig. Wood agreed that his organization had been involved, but said that it still preferred a quantitative study to meet the court’s requirements. “When science is being done, an open mind is helpful,” said Honig. MMTC has said the study will be submitted to the FCC May 29 (CD May 3 p12).
SES reported more than $563 million in revenue for Q1 2013, a 2.1 percent decrease from the same period last year. The drop was due mainly to Germany’s analog switchoff at the end of April 2012, SES said in a press release (http://bit.ly/14cV24s). In the European market, satellite capacity increased by 12 transponders on Astra 2F, SES said. But utilization decreased by 20 transponders due to the end of analog transmissions in Germany, it said. In the North American market, satellite capacity was decreased by 6 transponders, “resulting from the payload reduction on AMC-16 in 2012.” SES plans to launch SES-6, Astra 2E, SES-8 and Astra 5B this year, it said.
Making cable operators sell channels on “a pick-and-choose basis” was a “bad idea” when Sen. John McCain, R-Ariz., and others tried to get a la carte mandates a decade ago, and is a “worse” idea now, said an opponent of some communications regulation. “But Sen. McCain is back at it again, with his newly introduced ‘Television Consumer Freedom Act'” (CD May 15 p8), wrote President Randolph May of the Free State Foundation on the group’s blog Friday. “Whatever the situation over a decade ago when Sen. McCain first urged adoption of an a la carte requirement, it is indisputable that the video programming and distribution marketplace is now competitive.” May cited the FCC’s last report on video competition (CD July 23 p6; http://fcc.us/19FyQAo), which said that as of 2010 “significant trends” were “increased deployment of digital technology, consumers’ rising demands for access to video programming anywhere and anytime, and the evolution of online video from a niche service into a thriving industry.” It’s “truly” the “age of ‘TV Anytime, Everywhere,'” wrote May (http://bit.ly/14cH4iZ).
EchoStar is seeking modification of its EchoStar 15 satellite to provide service for Brazil. EchoStar plans to provide service in the 12.2-12.7 GHz and 17.3-17.8 GHz bands at the 45.1 degrees west location instead of at 44.9 degrees west, the FCC International Bureau said in a public notice (http://fcc.us/14xsOAW). EchoStar also requested authority to conduct telemetry, tracking and command operations at 45.1 degrees west using frequencies including 12.6920 GHz and 17.7915 GHz, the bureau said.
The FCC Wireline Bureau revealed details of its challenge process for the second phase of the Connect America Fund. The bureau plans to look to the National Broadband Map “to find the presence of unsubsidized providers that deploy fixed, land-based technologies such as cable, fiber, DSL, or fixed wireless providers like WISPs,” check if they provide voice and then publish a list of census blocks lacking an unsubsidized provider and eligible for CAF, bureau Chief Julie Veach explained in an FCC blog post Thursday (http://fcc.us/109gerU). She described a challenge framework intended to “expedite resolution of disputes” that “includes collecting specific and consistent information, on a form, of facts and evidence ranging from census tract identifiers to advertisements for service and customer data.” The bureau plans to collect challenges, review them and issue public notices seeking any rebuttals, she said. The challenge order was released and adopted Thursday (http://bit.ly/10VVOnG). “We particularly encourage state public utility commissions and broadband mapping authorities to participate in the challenge process and provide any information they believe to be relevant to our consideration of which census blocks should be eligible for the offer of Phase II model-based support,” it said. NTCA CEO Shirley Bloomfield judged these to be “significant developments in the continuing debate over how to create regulatory certainty and build a broadband future for consumers and businesses located in the most rural areas,” she said in a statement. “Given that the FCC is already implementing a broadband-oriented Connect America Fund for consumers in areas served by larger carriers, it’s encouraging to finally see progress toward tailored updates that would enable smaller carriers to also respond more effectively to the broadband demands of their customers.” She praised the “greater clarity” on the reporting requirements for companies. The American Cable Association also praised the order. “The FCC’s approach is particularly reasonable because it establishes a presumption that cable operators shown on the National Broadband Map to be offering broadband speeds of 3 Mbps/768 kbps in a census block and also offering voice service in that area satisfy the FCC’s other non-speed criteria for deeming an area as served,” said ACA President Matt Polka. “Price cap carriers then appropriately have the burden to prove that the cable operator’s service does not meet at least one of these criteria.”
Sprint Nextel wrapped up its $480 million buy of PCS spectrum from U.S. Cellular, Sprint said Friday. Sprint bought 20 MHz of spectrum in Midwest markets including Chicago, South Bend, Ind., and Champaign, Ill. It bought 10 MHz of PCS spectrum in St. Louis. In addition to spectrum, Sprint adds 420,000 U.S. Cellular subscribers to its rolls through the transaction. The deal was announced last year. “Sprint and U.S. Cellular have already notified affected customers and Sprint will send them additional information on the exact timing and details of the transition which will last several months,” Sprint said. “During the months-long transition period, U.S. Cellular’s network will remain active and affected customers may continue to use U.S. Cellular for their wireless service while evaluating their options.” U.S. Cellular, meanwhile, said it will pay out a special cash dividend of $5.75 per common share and Series A common share on June 25. The dividend adds up to $481 million. “We have a strong balance sheet and ample liquidity from our cash balances and the recent Divestiture Transaction, enabling us to issue this special cash dividend and continue to invest in our business and pursue our strategic initiatives to position U.S. Cellular for long-term success,” said U.S. Cellular CEO Mary Dillon.
The Vermont Public Service Board now has a procedural schedule for examining “whether so-called ‘fixed VoIP’ is an ‘information service’ or a ’telecommunications service’ within the meaning of applicable federal law.” That’s as the Vermont Supreme Court ordered this spring (CD April 2 p14), said board documents filed Thursday. The proceeding will focus on how Comcast’s fixed VoIP service meets that definition under federal law, said the board. Comcast must file supplemental prefiled testimony by June 7 and discovery requests by June 21, with Comcast discovery responses due July 11, supplemental prefiled testimony from other parties Aug. 6, discovery request on other parties Aug. 20, responses Sept. 6 and a status conference Sept. 12. If necessary, the board will hold a technical hearing Oct. 2. Direct briefs are due Oct. 17, replies Oct. 28. “Although the participants at the April 30 status conference were not optimistic about the possibility of factual stipulations, there is no reason to assume that many material facts will ultimately be in dispute given the narrow question now at issue in this docket,” wrote Hearing Officer Donald Kreis. He was referring to a list of participants that included the Department of Public Service, Comcast, the Voice on the Net Coalition and several phone companies. “I will therefore expect the parties to come to the status conference in September prepared to identify the material facts that are truly disputed,” wrote Kreis.
Telecom Without Borders/Telecoms Sans Frontieres (TSF) sent teams to Myanmar Friday in the aftermath of Typhoon Mahasen, at the request of the United Nations Office for the Coordination of Humanitarian Affairs, said Paul Margie of Wiltshire & Grannis, TSF’s U.S. representative. “Our team will be deployed tomorrow in the State of Rakhine to assist the U.N. Disaster Assessment and Coordination teams,” Margie said Friday. “The tropical cyclone, along with violent winds and heavy rain, hit Burma this week causing landslides and widespread flooding, uprooting more than 78,000 people thus far."
The FCC Wireline Bureau sought comment on a May petition by TracFone asking the FCC to amend its rules to prohibit in-person distribution of handsets to prospective Lifeline customers. “The primary purpose for the proposed rule would be to prevent waste, fraud, and abuse of Universal Service Fund resources,” TracFone said (http://bit.ly/12AqclE). “A secondary, but also important, purpose would be to improve the perception of the Lifeline program in the face of program critics who have called for its elimination, often in light of press reports of unscrupulous providers and irresponsible agents who have been recorded literally handing out handsets on street comers with no apparent efforts to verify the consumers’ Lifeline eligibility.” TracFone suggested the FCC should require eligible telecommunications carriers to send handsets to customers through the U.S. mail or an approved delivery service. TracFone, a leading provider of low-cost, prepaid wireless service, has been an active participant in the Lifeline program. Comments are due on the petition June 17, replies July 2, the bureau said (http://bit.ly/1863xQl).
The FCC approved an interim waiver allowing carriers to more quickly install temporary towers. The order had been circulated by Chairman Julius Genachowski earlier this month (CD May 7 p 12). “We take initial action to remove an administrative obstacle to the availability of broadband and other wireless services during major events and unanticipated periods of localized high demand,” the order said (http://bit.ly/10CRtjx). “Specifically, we grant an interim waiver, pending completion of an upcoming rulemaking proceeding, of our pre-construction environmental notice requirements for certain temporary towers that require antenna structure registration. By so doing, we create an efficient mechanism for the timely erection of temporary towers in response to unanticipated needs without creating a significant risk of environmental harm.” The interim waiver covers towers that are under 200 feet in height, will be in use for 60 days or less, require the filing of a Form 7460-1 with the Federal Aviation Administration and do not require marking or lighting under FAA regulations. Last year, CTIA asked for the change and the FCC sought comment. “We find it significant that no party filed comments opposing either the Petition or the request for waiver,” the agency said. The FCC plans to release shortly an NPRM examining whether to make the waiver permanent, the order said. “To further ensure against significant environmental impacts, we limit the interim waiver of environmental notice to those proposals that either involve no excavation or involve excavation where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet,” the FCC said. “We are concerned that excavation of previously undisturbed ground may cause significant effects on historic or other environmental resources."