The FCC was lobbied by industry on program access, as commissioners consider a draft order to end a ban on withholding from pay-TV competitors channels affiliated with cable operators that are distributed using satellites (CD Sept 18 p10). The agency can take action on such exclusive contracts in the absence of a cable exclusivity prohibition, DirecTV said in an ex parte filing in docket 12-68 (http://xrl.us/bnq8xm). The commission could adopt a rebuttable presumption “that an exclusive carriage arrangement involving a satellite-delivered, cable-affiliated network that carries sports content has the purpose and effect hindering significantly or preventing any multichannel video programming distributor from providing satellite cable programming,” it said about a meeting last week with staff from Commissioner Robert McDowell’s office. It also could clarify that a cable-only exclusive or other form of refusal to deal is actionable under program access rules, DirecTV said. These actions and others “are imperative for the protection and preservation of competition and diversity in the distribution of video programming” in the absence of a cable exclusivity prohibition rule, DirecTV added. Cox Communications reiterated that the commission should open a proceeding to examine volume discounts for cable programming, it said in an ex parte filing (http://xrl.us/bnq83s). Multichannel video programming distributors should be required to disclose programming rates “under a protective order to allow the commission to determine the scope of the problem,” Cox said. The filing recounted a meeting last week with Media Bureau Chief Bill Lake and members of the bureau’s Policy Division. Unfair volume discounts place substantial burdens on mid-sized and small cable operators, Cox said.
An ITU-T study group may begin work on how to leverage and enhance the environmental sustainability of information and communication technology (ICT) within the framework of its work on ICT and climate change, documents we obtained said. Alcatel-Lucent France, France Telecom Orange, Huawei Technologies, Nokia Siemens Networks, Telecom Italia and Telefonica support the work, a draft document said. Various ITU-T recommendations help organizations estimate their environmental impact and publish assessments, it said. Use of the recommendations should allow end users to make more informed choices when confronted with a plethora of figures, announcements or eco-labels that are difficult to compare, it said. The new work may address new or existing worldwide databases of key indicators or emission factors, the definition and availability of an eco-rating program to address industry, government and end-user concerns, and the definition of appropriate ICT procurement practices, Alcatel Lucent France said in a submission. Some, maybe too many, eco-rating programs already exist, it said. The major eco-rating programs should be reviewed, and the definition of a system for ranking eco-rating programs should be a focus, it said. The company wants to review the most-used emission factors databases to identify possible missing information. The company said work on procurement practices should start after the eco-rating work is completed.
Lockheed Martin’s Application Software completed the Critical Design Review for the Iridium NEXT constellation to be launched in 2015. The CDR showed that the design “is at a high level of maturity and keeps this new generation of communications satellites solidly on schedule toward a first launch in 2015,” Lockheed said in a news release (http://xrl.us/bnq8vb). The software supports all capabilities currently available to Iridium subscribers and its design “will allow 3G services to be seamlessly implemented into the new constellation,” Lockheed said.
NTIA released the agenda for the FirstNet board’s inaugural meeting (http://xrl.us/bnq8s3). The board will consider 10 resolutions Tuesday, covering the FirstNet bylaws, state and local consultation, the grant process, the seven BTOP public safety grantees and other relevant issues. The board will also review two conceptual presentations, one on network architecture and the other on applications architecture, according to the agenda. One looming issue is the fate of the suspended projects -- BTOP grantee Charlotte, N.C., worries the FCC’s special temporary authorization (STA) process is too short for a functioning business model and has contacted the FirstNet board with its fears (CD Sept 5 p1). The FCC declined the San Francisco BTOP grantee an STA Thursday (CD Sept 24 p18) but granted the Harris County, Texas, project an STA earlier in September. “Personally, I see value in some of these serving as pilots for FirstNet,” wrote Association of Public-Safety Communications Officials Chief Counsel Jeff Cohen on an APCO blog Friday (http://xrl.us/bnq8rh). He praised the board and encouraged state and local officials to “get active.” Meanwhile, the National Governors Association (NGA) slammed the FirstNet board less than a week before its first meeting for the board’s lack of state representation. The association sent a letter expressing the governors’ “strong concern and disappointment” and asked Acting Commerce Secretary Rebecca Blank to “remedy this error” and work with the states and association (http://xrl.us/bnq8sz). NGA requested an additional FirstNet advisory committee devoted to state and local interests.
The FCC Wireline Bureau denied requests for waiver filed by Mercury Wireless and BelWave Communications for missing the filing deadlines for Form 499-A, it said in two orders Friday (http://xrl.us/bnq8q7, http://xrl.us/bnq8q9). The companies were not able to demonstrate “good cause” to waive the rules, the commission said. “Businesses have a responsibility to familiarize themselves with applicable rules and regulations."
Measurement Lab submitted a six-page report (http://xrl.us/bnq8pj) on its analysis of the broadband measurement data affected by “anomalies” on its servers in March. M-Lab was able to identify the root cause and restore the affected servers within eight days of discovery, and put active monitors in place within one more week to prevent a recurrence of the problem, the measurement group said. M-Lab also drafted a “verifiable, scientifically sound disclaimer” to “enlighten” researchers using the data, it said in an ex parte filing (http://xrl.us/bnq8p6) on the September meeting of the FCC’s broadband measurement group (CD Sept 20 p2). More than 40 percent of the collected data on the affected servers were impacted, the disclaimer reads. “This is deemed to be a statistically significant portion of the total data” and researchers should “proceed with caution” if attempting to use that data, it said.
Colorado Public Utilities Commission staff argued its case in the state’s ongoing telecom overhaul, in reply comments posted Friday (http://bit.ly/TqW3UE). The state shouldn’t tie its high-cost USF fund to effective competition rulings, staff argued. Colorado should also retain 911 obligations on a “technology neutral” basis, anticipating next-generation 911 systems, the staff said. The commission should continue to oversee service quality and receive consumer complaints -- and it should “update its service quality rules and require compliance on a technology neutral basis,” staff recommended. The PUC “has and should assert authority over Internet Protocol to Internet Protocol ('IP-to-IP') interconnection,” the comments said. It should skip the FCC debates over VoIP’s definition, and simply say VoIP is a technology and provide no definitions, staff said. Its comments frequently compared and contrasted the different industry positions on these questions in detailed charts. Staff submitted its reply comments well after the deadline due to travel delays (CD Sept 21 p10).
NTUA Wireless wants a decision by Wednesday on the merits of its application to become an eligible telecom carrier, it told the FCC Wireline Bureau Friday (http://xrl.us/bnq8o3). Its unopposed application has been pending for 568 days, the majority-owned Tribal entity said. Despite countless meetings, the carrier has “never been offered a reason to justify the prolonged regulatory delay in acting on its application,” which is causing “irreparable harm” to the carrier and the residents of Navajo Nation, it said.
Nexus Communications will “very soon” submit a supplement to its application to revise its price structure, and also to offer customers an additional equipment option, the telco told FCC Wireline Bureau officials Tuesday (http://xrl.us/bnq8ny).
The FCC should clarify that where an LEC has already signed an interconnection agreement to exchange local and VoIP-PSTN traffic on a bill-and-keep basis with another provider of voice service, the default transitional rates adopted in the USF/intercarrier compensation order don’t apply, said Onvoy and 360networks in a letter Friday (http://xrl.us/bnq8nb). This should be the case even if the agreement contains a change-of-law provision, the groups said. This will “prevent inconsistent approaches” caused by state arbitration proceedings, and save significant time and money, the groups said.