The FCC opposed a motion for stay filed by the National Telecommunications Cooperative Association in the 10th U.S. Circuit Court of Appeals. NTCA had asked the court to suspend implementation of a Wireline Bureau order adopting a methodology for limiting capital and operating expenses that rate-of-return regulated LECs can recover through the USF (see related story in this issue). In its filing Thursday, the commission opposed NTCA’s request, arguing the association had not demonstrated the irreparable harm needed for a stay. “Even beyond that, NTCA does not contend that the economic harm caused by the modest reductions in support resulting from the benchmarks, which are being phased-in over 18 months, imminently threaten the existence of any carrier,” the FCC wrote. Staying implementation of the Regression Order would “perpetuate the problematic incentives and funding inequities associated with the Commission’s existing rules and delay much-needed reforms intended to benefit consumers,” the FCC said.
Time Warner Cable said Manua Kea Broadcasting’s KLEI-TV Kailau-Kona, Hawaii, isn’t entitled to carriage on TWC’s cable systems in Honolulu, Kauai, Kalawao and Maui, Hawaii. That assertion came in TWC’s opposition to the station’s must-carry complaint. KLEI isn’t entitled to carriage there because “KLEI cannot properly be found to provide local service to any of the communities in these areas,” the operator said. It also filed a petition for special relief that would exclude those communities from the station’s designated market area.
Sprint Nextel doesn’t oppose AT&T’s decision to discontinue local private line dedicated entrance facility service in 26 states and replace it with Ethernet. But the carrier said it wants to make sure that AT&T’s network changes “do not unreasonably and unfairly burden existing customers of those services” (http://xrl.us/bngrya). Sprint asked the FCC to ensure that AT&T didn’t use that technology change “as an excuse to impose unjustified costs on its existing customers,” such as by increasing rates when the telco moves customers to month-to-month contracts. Sprint also expressed concern with AT&T’s statement that it won’t let customers make changes to their existing configurations. “Such a restriction may prevent Sprint from making efficient use of the SONET-based circuits it currently leases from AT&T,” the carrier said.
Various lower 700 MHz A Block licensees filed a study at the FCC Friday arguing that band class distinctions aren’t needed to protect some operations from interference and the agency should move forward on an interoperability mandate. MetroPCS, Vulcan Wireless, Continuum 700, Cavalier Wireless and King Street Wireless paid for the study. It was performed by V-COMM, a consulting firm. “Based upon our measurements and quantitative analyses, we conclude there is no meaningful performance differential between Band 12 and Band 17 devices that can reasonably be expected to result in Harmful Interference,” the report said (http://xrl.us/bngr3q). “The use of Band 12 devices should not impact B, or C, or B + C operators in any practical way. Our analyses are based upon worst-case thresholds of a 1 dB rise in noise floor, and therefore do not take into account typical industry engineering deployment practices which would further eliminate any potential interference concerns associated with interoperability. Therefore there is no reason, based upon empirical data, to select Band 17 operations over Band 12 operations.” Replies on the 700 MHz interoperability rulemaking notice are due Monday.
Cox Communications opposed and asked the FCC to dismiss a carriage complaint KSQA LLC filed against it (http://xrl.us/bngryn). KSQA Topeka, Kan., had asked the commission (CD July 10 p11) to force Cox to carry its signal on a channel corresponding to its over-the-air channel (http://xrl.us/bnbvvx). Under the Communications Act, the station is only eligible to be carried on its major channel number as identified by the program system information protocol, or PSIP, Cox said. It’s not guaranteed carriage on its RF channel, Cox said. “The Bureau should deny and dismiss the complaint because the Commission had indisputably and repeatedly held that a digital station’s right to on-channel carriage ... is limited to” the PSIP location, and potentially the channel position on which it was historically carried, Cox said.
The FCC will vote on a rulemaking notice at the Aug. 3 commissioner meeting “that seeks to modernize” cable-TV “rules to facilitate the cable industry’s widespread transition from analog to digital transmission systems,” the agency said Friday. It also plans to vote on a five-part wireless backhaul item “that seeks to remove regulatory barriers to make better use of Fixed Service (FS) spectrum and provide additional flexibility to enable FS licensees to reduce operational costs and facilitate the use of wireless backhaul in rural areas,” it said. The item is made up of a second report and order, a second further rulemaking notice, a second notice of inquiry, an order on reconsideration and a memorandum opinion and order.
Wireless Internet service providers across the country filed oppositions to CenturyLink’s waiver of rules dictating how it can spend the $90 million in Connect America Fund money the FCC allocated it. Cable associations also opposed the waiver. USTelecom and the Independent Telephone and Telecommunications Alliance supported the request, arguing WISP service is closer in capability to satellite service than fixed broadband, and consumers deserve better. CenturyLink had asked for permission to use $32.5 million of the money in areas where it argued the national broadband map was inaccurate and overstated the amount of fixed wireless broadband available (CD July 13 p14). The WISP Association argued CenturyLink’s assertions about poor fixed wireless broadband coverage are “false, flawed and unverified” (http://xrl.us/bngrv4). NCTA said the commission already denied a similar request by the ITTA. This one is “essentially the same” but “even less compelling because CenturyLink makes no attempt whatsoever to determine which locations” in the WISPs’ service area are capable of receiving broadband, NCTA said (http://xrl.us/bngrv6). The American Cable Association said it would be unfair to grant the waiver request, because the issue of whether the national broadband map is accurate should be addressed in a rulemaking, not in a waiver process. “CenturyLink’s waiver petition is based on the premise of the Commission’s order, which is to encourage additional broadband deployment in areas where customers are not served by a reasonably viable alternative,” said Melissa Newman, CenturyLink vice president-federal regulatory affairs. “Our limited waiver -- which is supported by many commenters, including the Washington Public Service Commission, the Minnesota Department of Commerce and other state agencies -- would allow the deployment of real, wired broadband service to thousands of rural households where a reasonable broadband option is not available today. Bringing robust broadband coverage to thousands of new households is a win for consumers and for our national public broadband goals.”
It could take months to get Office of Management and Budget approval for a mandatory data request on the state of competition in the special access market, and even with a quick review process and a short comment cycle, a new analytical framework to regulate special access circuits might not be in place until 2014, AT&T’s Bob Quinn said in a blog post (http://xrl.us/bngrzu). Dissecting Metropolitan Statistical Areas into smaller, more disaggregated areas could take even longer, wrote the senior vice president of federal regulatory affairs. “By the time this process is completed every other country in the world will have migrated to IP technology,” Quinn said. “Wouldn’t it be better from a policy perspective to be world leaders in this area and instead devote our limited resources to easing the path to investment in new, IP technologies by network providers, equipment manufacturers and consumers? If we don’t begin that process until we're done here, we will be looking up at the Top 10 IP technology countries in the world, not down at them."
The FCC International Bureau granted applications from DirecTV and Intelsat for new satellites. DirecTV was granted authority to construct, launch and operate DIRECTV KU-79W at 79 degrees west, the Satellite Division said in a public notice (http://xrl.us/bngr3f). The company is also authorized “to conduct telemetry, tracking and command operations necessary” to maintain the satellite at its orbital location, it said. Intelsat was granted authority to operate Intelsat 21 at 58 degrees west to provide fixed-satellite services in the 3700-4200 MHz, 5925-6425 MHz bands and other bands, the division said.
CTIA asked the FCC to move forward with caution in approving any rules in response to a May 25 public notice seeking comment on carriers’ practices regarding network diagnostic information stored on mobile devices. “CTIA cautions the Commission not to adopt new rules ... that would limit wireless carriers’ use of network diagnostic tools to improve wireless voice and data service,” it said in a comment filing (http://bit.ly/MmRKXd). “Such rules are unnecessary and would actually harm consumers by hamstringing providers in their ability to improve service quality, especially in these times of wireless spectrum capacity constraints. More broadly, regulating data stored on mobile devices in today’s ‘Open Internet’ environment would be ineffective and counterproductive. Wireless carriers no longer control -- or even know -- the third parties that create software and install it on wireless devices or the data associated with these applications.” Such tools are important carriers as they seek to improve service, CTIA said. “Carriers may know that calls are being dropped or that a specific geographic area has poor reception, but they do not always know why a call drops, why a website fails to load, why a text message was not timely delivered, or why service is unavailable in a particular area,” the group said. “Network diagnostic tools enable carriers to resolve these problems and provide better service to their subscribers."