LightSquared continued to stress to the FCC its intention to deploy a nationwide 4G wireless broadband network. The commission has several legal and policy responses “that it can take to address the inability of a limited number of GPS receivers to operate properly in spectrum that has not been allocated for GPS use,” LightSquared said in an ex parte filing in docket 11-109 (http://xrl.us/bnnrut). The filing recounted a meeting between LightSquared executives, including Chairman Doug Smith, and Commissioner Ajit Pai and his aide Courtney Reinhard. The company said public interest benefits would flow from the new network, including enhanced competition in the wireless industry and the development of innovative wireless applications. LightSquared’s plans to build the network were stalled when the FCC proposed to take away its ancillary terrestrial component authority.
In a motion released Tuesday, the FCC asked for dismissal of a case brought by Accipiter Communications seeking judicial review of an FCC order denying petitions to clarify and reconsider revisions to the FCC’s USF and intercarrier compensation rules. In the motion dated July 30, the FCC argued the case should be dismissed by in the U.S. Court of Appeals for the D.C. Circuit for lack of jurisdiction, saying agency orders that deny a petition for reconsideration are “'unreviewable except insofar as the request for reconsideration was based upon new evidence or changed circumstances.’ … Accipiter did not base its reconsideration petition on either new evidence or changed circumstances” (http://xrl.us/bnnrov). Accipiter opposed the motion, prompting the FCC to issue a reply in support of its initial motion to dismiss (http://xrl.us/bnnrp2). Accipiter moved to strike portions of the FCC’s reply, which the FCC opposed in a response Tuesday (http://xrl.us/bnnrqk).
Communications Daily won’t be published Monday, Sept. 3, because of the federal Labor Day holiday. Our next issue will be dated Tuesday, Sept. 4.
Representatives of CenturyLink, Frontier, Windstream and the Independent Telephone & Telecommunications Alliance met with Zac Katz and Charles Mathias, aides to FCC Chairman Julius Genachowski, on “concerns relating to video content accessibility for small and new entrant multichannel video programming distributors.” Small and new MVPD providers “face unique challenges with respect to access to video programming,” they said in a filing on the meeting (http://xrl.us/bnnrop). “The provision of video service is necessary for such providers to compete against incumbent MVPDs, yet their unequal bargaining power in comparison to dominant video providers and programmers in the markets they serve translates to higher rates and unfair terms for the carriage of both broadcast and non-broadcast programming.” One problem competitors face is they “lack any means to determine market value for programming due to mandatory non-disclosure provisions in programming agreements,” the filing said. “However, they are required to agree to these provisions in order to gain access to programming. In ensuring that small and new entrant MVPDs have access to video content on reasonable and non-discriminatory terms, the Commission should consider appropriate mechanisms that would provide greater transparency of programming agreements, including mandatory disclosure of such agreements to the Commission."
Americom Government Services requested a new license to operate a C-band earth station in Elkwood, Va. (http://xrl.us/bnnro7). In a separate application to the FCC International Bureau, Americom also requested a new license to operate a Ku-band earth station in Elkwood (http://xrl.us/bnnro5).
Terral Telephone asked for a waiver of the FCC’s frozen category rules in a petition filed at the commission. Terral operates a copper and fiber network in the southern part of Jefferson County, Okla. “Waiver of these rules would allow Terral to properly allocate its costs enabling the Company to receive the appropriate cost-based settlements while lessening the burden on the [USF] high cost fund,” the petition said (http://xrl.us/bnnrny). “As demonstrated herein, grant of this waiver is warranted due to the fact that the ‘good cause’ waiver standard has been satisfied, and grant of this waiver would be in the public interest."
The Federal Election Commission extended until Tuesday the deadline for comments on Advisory Opinion 2012-30 (http://xrl.us/bnnrkb), which responds to a request from Revolution Messaging, asking whether its proposal to use wireless text messaging to raise funds for political committees is permissible under the Federal Election Campaign Act of 1971. “Revolution Messaging proposes to process contributions by text message that aggregate in excess of $50 per month and $200 per calendar year (or, in the case of contributions to authorized committees of candidates, $200 per election cycle) for its political committee clients,” the FEC notes. “Each political committee that receives contributions under the proposal will contract exclusively with Revolution Messaging, and Revolution Messaging will contract with a connection aggregator that has agreed to provide the factoring service approved by the Commission.” Revolution Messaging estimates the total cost of registering a premium short code ranges from $6,000 to $10,000 and various steps required take eight to 12 weeks to complete.
The FCC has legal authority to authorize the use of properly certified cell signal boosters without prior carrier consent, Russell Lukas of Lukas, Nace said in a meeting with FCC Office of General Counsel (OGC) staff on behalf of Wilson Electronics. “I discussed how I formed the opinion in 2008 that there was no Commission rule or published decision that prohibited subscribers in good standing from using non-interfering signal boosters without the consent of their licensed service providers,” Lukas said (http://xrl.us/bnnrjt). “I also disclosed that in May 2008, the Enforcement Bureau informally confirmed that no such rule or decision had been issued. I inquired whether the OGC had subsequently concluded that carrier consent was required before a subscriber could operate a signal booster under the carrier’s authorization.” Wilson, Verizon Wireless and other parties have proposed rules for cell boosters. Carriers including AT&T and MetroPCS say signal boosters are not eligible for “blanket licensing” under Section 1.903(c) of the commission’s rules unless a licensee consents to use of a signal booster on its network.
DirecTV opposed arguments from NCTA that vertical integration no longer threatens video competition. DirecTV filed an ex parte letter in dockets 12-68, 07-18 and 05-192. NCTA’s Aug. 23 filing (http://xrl.us/bnnrnw) includes a graph that shows a decline in the percentage of national basic cable programming networks that are affiliated with a cable company, DirecTV said (http://xrl.us/bnnrm7). Such evidence “is largely irrelevant to the issue in this proceeding,” it said. If anything, the evidence “is more indicative of the fact that vertical integration is not the necessary precondition to launching new and innovative programming networks that the cable industry asserts.” NCTA also conveyed the decrease in cable’s share of the national multichannel video programming distribution market over time, DirecTV said. The implication is that “pro-competitive safeguards are no longer necessary at this level of market share,” it added: This argument “is flatly inconsistent with past commission precedent.”
Verizon has restored service to 7,000 customers after a bridge fire in Lawrence, Mass., damaged cables Monday, the carrier said late Wednesday (http://xrl.us/bnnrgs). “The heat from the Monday morning fire melted and fused both fiber and copper cables, and the protective casings that house the cables,” Verizon said. About a thousand customers on Verizon’s copper network remain out of service. “All 911 service has been operational since the fire, as calls were switched to alternative answering points in adjoining communities, which is a key component of the design of the state’s 911 enhanced network,” Verizon said. “Service to all hospitals and medical centers has been restored."