Public Knowledge Staff Attorney John Bergmayer expressed some enthusiasm for T-Mobile’s proposed buy of MetroPCS on PK’s blog. “On balance, this transaction is likely to be good for value-conscious subscribers, including prepaid customers,” Bergmayer wrote (http://xrl.us/bntu7r). “As the domestic wireless market has approached saturation, even AT&T and Verizon have found it worthwhile to go after prepaid users. Since T-Mobile still positions itself as a ‘value’ carrier, it seems likely that it'll continue to offer the same kinds of plans it offers today. Moreover, a stronger T-Mobile might actually put some pricing pressure on AT&T and Verizon, which would be a big win for consumers overall.” Bergmayer said his enthusiasm for the merger shows the state of competition in the U.S. wireless industry. “It would be better if wireless competition was not in such a sad state -- for example, it would be better if spectrum holdings were not so lopsidedly in favor of the dominant providers,” he said. “This transaction will not change the fundamental problems with the wireless industry, which needs much more competition than even a bulked-up T-Mobile or Sprint can provide. But given the realities of wireless, on balance a stronger T-Mobile would be better for competition, and thus for consumers."
The FCC Wireless Bureau said it needs additional information from Alaska carriers GCI and Alaska Communications on their proposal to form the Alaska Wireless Network (AWN), a limited liability company that would hold and operate both companies’ wireless facilities. The bureau did not say in a letter to the carriers (http://xrl.us/bntu7a) what information it will ask for. Under the plan, AWN will design and operate a statewide wireless network in Alaska offering next-generation wireless plans for both companies (CD June 6 p10). Both companies will turn their spectrum licenses, cell sites, backhaul facilities, switching systems and other assets over to AWN, as necessary to operate a statewide wireless network.
Several small TV and cable systems sought exemption for one year from the Commercial Advertisement Loudness Mitigation (CALM) Act rules that direct broadcasters and multichannel video programming distributors (MVPD) to avoid transmitting commercials at a higher volume than the surrounding programming. Cable Services in North Dakota, Carolina Christian Broadcasting in South Carolina, Vermont-based Jeffersonville Cable TV Corp. and Stowe Cablevision and other small MVPDs filed waiver requests citing financial hardship, which were posted in docket 11-93. The deadline for the waiver requests was Friday. Stowe said it is a small MVPD system and that it needs a one-year delay “in obtaining equipment in order to avoid the financial hardship that would be imposed were it required to obtain the equipment” by the effective date of the CALM Act (http://xrl.us/bntuyu). Holston Valley Broadcasting said its class A digital TV stations WKPT-CD Kingsport, Tenn., and WAPG-CD Greeneville, Tenn., would suffer financial hardship were the stations “to be compelled to acquire new equipment and software prior to Dec. 13” (http://xrl.us/bntu2d) (http://xrl.us/bntu2j). The CALM Act will take effect on that date (CD July 9 p14).
The Stored Communications Act (SCA) does not protect against unauthorized access of a user’s email, the South Carolina Supreme Court ruled last week (http://xrl.us/bntu4j). The opinion, written by Justice Kaye Hearn, reversed a lower court’s ruling that the SCA protected a man’s Yahoo email account that was accessed without his permission by his wife’s daughter-in-law after he admitted to his wife that he had been communicating with an extramarital romantic interest via email. The court had “misunderstood the definition of electronic storage under the Act and incorrectly concluded that the emails had been stored for the purpose of backup protection,” Hearn wrote. To be protected by the SCA, she said, the emails would have to be in “temporary, intermediate storage” and “for the purposes of backup protection,” although she noted that most courts only require it to meet one of those factors. Citing the Merriam-Webster Dictionary’s definition for “backup” -- “one that serves as a substitute or support” -- Hearn rejected the idea that “retaining an opened email constitutes storing it for backup protection under the Act.” “As the single copy of the communication,” she wrote, the man’s emails “could not have been stored for backup protection.” Because the emails did not fit the definition of electronic storage set forth by the act, the SCA does not apply, Hearn wrote, saying the ruling “should in no way be read as condoning [the daughter-in-law’s] behavior.” Chief Justice Jean Toal wrote an opinion concurring with the results of Hearn’s opinion but disagreeing with its interpretation of the SCA and arguing that “electronic storage” includes content in “temporary, intermediate storage” and “for the purposes of backup protection.” Focusing on the “temporary, intermediate” language of the law, Toal wrote, “if an email has been received by a recipient’s service provider but has not yet been opened by the recipient, it is in electronic storage. ... When the recipient opens the email, however, the communication reaches its final destination,” and any “retained copy is no longer in electronic storage because it is no longer in ’temporary, intermediate storage.'” Toal partially attributed the difficulty of applying the law to changes in technology that have happened since the SCA was enacted in 1986. “The SCA is ill-fitted to address many modern day issues,” she wrote, “but it is the Court’s duty to interpret, not legislate.” Justice Donald Beatty concurred with Toal’s opinion. Justice Costa Pleicones wrote a brief opinion concurring in result with Hearn but stating that the definition for electronic storage should include anything that meets either the “temporary, intermediate” or the “for the purposes of backup” qualifications.
The FCC Wireline Bureau reminded states, in three public notices issued late Thursday, of Lifeline deadlines and clarified certain Lifeline issues. Telcos and state Lifeline administrators need to recertify eligibility for all Lifeline subscribers by Dec. 31, one public notice said (http://xrl.us/bntuxz). Then, they “must report the results to the Commission, the Universal Service Administrative Company (USAC), and to states and Tribal governments (where appropriate), by January 31, 2013,” the bureau said. States that want to opt out of the National Lifeline Accountability Database need to “make a one-time request by November 1, 2012 that the state has a comprehensive system in place to check for duplicative Lifeline support,” another public notice said (http://xrl.us/bntuys). The FCC is now providing a limited waiver until Dec. 1 “to enable states to take into account the guidance provided in this public notice regarding the showing that a state must make in order to opt out of the database,” it said. This notice detailed elements of how states should prepare for opting out. A third bureau notice sought to “provide guidance” to states on how to institute the FCC’s one-per-household rule and avoid duplicative support (http://xrl.us/bntuak). “Consistent with the one-per-household rule, once an ETC [eligible telecommunications carrier] determines through an examination of its records that it is providing Lifeline supported service to multiple subscribers at a single address, the ETC must provide each subscriber at that address with a one-per-household worksheet,” the bureau said. The subscriber needs to comply with appropriate steps within 30 days or be de-enrolled, the bureau added.
The number of Class A TV stations fell by six June 30-Sept. 30, according to FCC figures. There were 465 Class A UHF and VHF stations as of Sept. 30, the commission said in quarterly update of station totals (http://xrl.us/bntuwm). The number of low-power TV stations was reduced by 15 to 1,980. There was one less full-power TV station Sept. 30 than on June 30, for a total of 1,782. The number of radio stations increased by 46 to 15,128. The total number of radio and TV translators fell by three to 10,278. And at 822, there were two fewer low-power FM stations.
An Oct. 26 workshop on the FCC’s incentive spectrum auction will feature presentations by a variety of commission officials, the FCC said Friday (http://xrl.us/bntuuf). Gary Epstein, the auction task force chair, will give an overview of the entire auction. Brett Tarnutzer, chief data officer for the Wireless Bureau, will lay out some of the reverse auction design proposals. Media Bureau Chief Bill Lake will discuss station eligibility in the reverse auction. Then Wireless Bureau Chief Ruth Milkman will discuss the second part of the auction and new band plans, followed by a discussion of interference and repacking proposals by Office of Engineering and Technology Chief Julius Knapp.
The FCC International Bureau granted Intelsat the authority to build and launch Intelsat 27 to the 55.5 degrees west location. The satellite is authorized to operate in several frequency bands, including 243.52-268.16 MHz, 14.0-14.5 GHz and 3700-4200 MHz, the Satellite Division said in a public notice (http://xrl.us/bntupc). Intelsat also got special temporary authority for 60 days to continue providing fixed satellite service via the Intelsat 19 at the 166 degrees east orbital position, it said. GeoEye was granted authority to launch and operate an additional earth exploration satellite “as part of its non-geostationary-orbit satellite system.” The Satellite Division also said it approved special temporary authority for 30 days to Orbcomm “to use a 50 kilohertz feeder uplink channel centered at 150.025 MHz.”
Vidsat filed an application with the FCC International Bureau for a C-band transmit/receive earth station in Odessa, Fla. It will be used “to transmit digital audio, video and data emissions to provide for the distribution of programming and service to their affiliates,” Vidsat said in its application (http://xrl.us/bntunr).
The FCC Public Safety Bureau Friday released the agenda for its Oct. 24 workshop on improving indoor location accuracy for emergency calls made on wireless phones (http://xrl.us/bntua3). The meeting is to be 9 a.m. to 4 p.m. in the Commission Meeting Room at FCC headquarters. Four panels are on tap. Topics covered include: “How Improving Indoor Location Accuracy Will Assist Public Safety” and “Wireless Carrier Perspectives on Improving Indoor Location Accuracy.” Attendees will get an update on a testbed project. “Consumers are increasingly abandoning landline telephony in favor of wireless communications, and a majority of wireless calls are now made indoors,” said a notice from the bureau. “However, during an emergency, wireless carriers are often unable to provide a 911 call center with accurate location information from the caller when the call is made indoors."