Correction: Public Knowledge’s comment on a proposed Verizon Wireless/T-Mobile spectrum swap wasn’t a petition to deny (CD July 12 p1).
The FCC Wireless Bureau set a pleading cycle on Actel’s proposal to sell seven lower 700 MHz A-block licenses to U.S. Cellular Corp. “Applicants state that the additional spectrum will allow USCC to offer innovative services and improve its voice and data service offerings to the public in 35 Cellular Market Areas in Illinois, Michigan, Minnesota, Missouri, Nebraska, Oregon, Washington, and Wisconsin,” the public notice said (http://xrl.us/bngn3y). It said that if the transfer is approved, U.S. Cellular would have 61 MHz of spectrum below 1 GHz in 12 counties across three CMAs in Nebraska. Petitions to deny are due July 26, oppositions Aug. 6 and replies Aug. 13.
Public Knowledge said Thursday the ITU needs to take steps to make documents available to the public, especially as ITU is headed into the World Conference on International Telecommunications (WCIT) in December, which will take up calls to regulate the Internet. “It’s disappointing that, despite calls for transparency by a number of member countries and the Secretariat of the ITU, countries such as Russia, Saudi Arabia and the United Arab Emirates apparently want to keep these documents inaccessible,” said Rashmi Rangnath, director of PK’s Global Knowledge Initiative. “The proposals in these documents represent the countries’ plans for the International Telecommunications Regulations -- plans that can affect citizens of all nations, and the future of the Internet as an open, democratic medium. Denying public access to these proposals is no way to conduct such an important process.” PK said so far ITU has released only one document on the proposal, which had already been leaked weeks earlier. PK President Gigi Sohn raised similar concerns at a recent FCBA seminar (CD July 2 p1).
The Electronic Privacy Information Center urged the Department of Defense to safeguard individual privacy when it gets information about Internet users from the private sector. In comments to the department (http://xrl.us/bngnsk), the group said that under current rules, the DOD encourages companies to provide information about Internet users that may relate to “cyber incidents” and cyber “threats.” That resembles a controversial provision in the Cyber Intelligence Information Protection Act (CISPA) passed by the House, it said. EPIC recommended that the agency revise the regulations for the “Cyber Security and Information Assurance” program so that: (1) The program remains voluntary. (2) “Cyber incident” and “threat” are narrowly defined. (3) Liability is imposed on private companies for disclosing excess user information. (4) The attorney general conducts annual audits. (5) The department adheres to federal privacy laws.
NASUCA has asked that all interested parties get a 30-day extension to file reply comments on changes to the USF contribution methodology (http://xrl.us/bngnky). NASUCA argued the 28-day reply period is inadequate to review the 1,465 pages of comments in 79 filings made as of noon Wednesday. “Additional time is needed to review and study the initial comments and potentially to formulate thoughtful reply comments,” the association told the FCC, asking for the reply deadline to be extended from Aug. 6 to Sept. 6.
Border to Border Communications wants a waiver of two high-cost universal service rules. The FCC Wireline Bureau is seeking comment on its request for waiver of the $250 per line per month support limit and the rule limiting reimbursable capital and operating expenses for high-cost loop support. Comments in docket 10-20 are due Aug. 13, replies Aug. 28 (http://xrl.us/bngnkf).
A Michigan court ruled Monday that “Comcast must be considered a trespasser” in Detroit, settling a case in which the city of Detroit first sued Comcast in 2010. The prime contention of the case involved the 1985 federal Cable Act and the local Michigan Uniform Video Services Local Franchise Act, enacted in 2007, and whether Comcast had truly established a franchise agreement with Detroit, which the court has now ruled it hadn’t. “The Michigan Act does not prevent municipalities from refusing to approve franchise renewal proposals from cable operators as long as the municipality acts on the proposal within the 30-day limit set forth in the Act,” the Eastern District Court of Michigan said, affirming Detroit’s authority to refuse Comcast’s renewal proposal and that “no new franchise agreement was established,” as the court’s ruling said. Comcast’s formal franchise agreement with Detroit expired in February 2007, and the city had said Comcast was acting as “a holdover tenant” and “the end result is that Comcast must comply with the old franchise agreement until a new one is approved by the city,” as described by the court. But Comcast will be treated as a “trespasser” rather than a “holdover tenant” because Michigan law “will not permit” the latter, the court said. “Although the Michigan Act’s renewal provisions are not preempted by the Cable Act, the provisions that purport to modify existing franchise agreements by operation of law to curtail a municipality’s authority to enforce PEG [public, education and government] channel requirements in existing agreements are expressly preempted by the Cable Act,” the court said. The court declined to rule on whether “customer service, anti-discrimination, universal build-out and safe harbor provisions of the Michigan Act are preempted by federal law because of lack of standing and ripeness,” the court said. The court said all parties “must file briefs addressing an appropriate remedy for the trespass and failure to renew the franchise agreement for provision of cable services on or before July 31, 2012.” “We are still reviewing the court decision to determine the next steps in resolving the dispute,” a Comcast spokesman said. “In the meantime, we plan to provide uninterrupted service to our customers in the city of Detroit while this case continues and we remain hopeful of coming to a mutually beneficial resolution with the city. Comcast at all times complied with the requirements of the Michigan Uniform Video Services Local Franchise Act. The state attorney general’s office supported the act and our right to operate under it. In good faith, we complied with state law."
Telecommunications Relay Service providers should have reasonable and justifiable exceptions to a requirement to provide a local telephone number to all TRS end-users ubiquitously across the country, Bandwidth.com representatives told FCC Wireline Bureau officials Tuesday (http://xrl.us/bngnha). Bandwidth also discussed the difficulties of establishing local calling capabilities across the country, especially the “economic and operational implications of servicing the final ten to fifteen percent of the smallest markets in the country as a competitive carrier."
Comcast asked the FCC to deem that it faces effective video competition in 14 Ohio local franchise areas where it competes with both DBS companies and/or serves fewer than 30 percent of households. Included in the petition, in docket 12-1, for Media Bureau deregulation from rate setting are East Palestine, Madison and Springfield (http://xrl.us/bngnem).
The FCC proposed fining Bravo Broadcasting $8,000 because KIRT(AM) Mission, Texas, lacked emergency alert system equipment, said an Enforcement Bureau notice of apparent liability (http://xrl.us/bngnd7). Thursday’s NAL ordered Bravo to submit a sworn statement that KIRT’s alerting equipment is installed and working.