The Department of Justice urged the 9th U.S. Appeals Court to rehear a decision that struck down the FCC’s ban on political ads running on public radio and TV stations. A panel of judges for the San Francisco-based court ruled 2-1 that the ban is unconstitutional and violates the First Amendment (CD April 13 p2). “The panel majority applied erroneous legal standards and misinterpreted the record to reach a result that threatens the noncommercial, educational character of public broadcasting,” the department said in its petition. The 9th Circuit’s analysis “reflects a fundamental misunderstanding of the ways in which incentives to maximize ad revenue can affect programming decisions,” it said. The case stemmed from an appeal from Minority Television Project after the commission fined it $10,000 for running ads for companies. In addressing the constitutionality of the bans on political ads, Judge Carlos Bea “devoted considerable attention to the absence of a statutory prohibition on nonprofits’ ads for goods and services,” the DOJ said: As recognized by the other judges, “this distinction, which Judge Bea used to frame his analysis, is without legal significance."
Public Knowledge and the Rural Telecommunications Group jointly asked the FCC Wireless Bureau to extend the deadline for comments on how a proposed license swap between Verizon Wireless and T-Mobile would affect the Verizon/SpectrumCo deal (http://xrl.us/bnfcge). Comments are currently due Tuesday -- the same as petitions to deny the deal -- and the two groups asked that the deadline be extended for 14 days. “This will allow parties to respond to any relevant information in Verizon and T-Mobile’s Oppositions to Petitions to Deny, which they will file on July 17,” RTG and PK said. “This brief delay will relieve the considerable burden on PK, RTG and others of filing two different sets of filings on the same day, at a time when key staff are unavailable due to the July 4th holiday week.”
FCC efforts to establish uniform data specifications for collecting study area boundary information “appear reasonable,” the National Exchange Carrier Association, Independent Telephone and Telecommunications Alliance, NTCA, OPASTCO, USTelecom, Eastern Rural Telecom Association and the Western Telecom Alliance said. They were responding to a public notice seeking comment on proposed data specifications for collecting study area boundaries (http://xrl.us/bnfbvj). The associations are generally against the imposition of benchmark-based limitations on high-cost loop support and proposals to eliminate support in areas served by unsubsidized carriers, but they support the use of more accurate data to accomplish the agency’s goals, they said. Companies might not have enough resources to submit study area shapefiles, so the commission should allow “substantial time” for submission of initial maps, they said. In a separate filing Monday, Nebraska Rural Independent Companies indicated its support of the agency’s data specifications for collecting study area boundaries (http://xrl.us/bnfbd3). The technical specifications in the notice are “adequate,” and reliance on state commissions is “appropriate and useful,” the filing said.
The Department of Justice asked the FCC to defer action on the Section 214 application for transfer of control of UPN Holdings from Banc of America Capital Investors V to Rep Up (http://xrl.us/bnfarv). Comments were due on the transfer Tuesday and replies July 10 (CD June 21 p17), but the DOJ, FBI and Department of Homeland Security said they are still reviewing the matter for national security, law enforcement and public safety issues.
Sprint Nextel to date has signed frequency reconfiguration agreements with 99.9 percent of Phase I and Phase II licensees, outside border areas, which must be retuned as part of the 800 MHz rebanding, the carrier said in a report filed at the FCC. It has completed 91 percent of retunes, excluding the U.S.-Mexico border area, the report said (http://xrl.us/bne9k4). Sprint said it has made “a significant amount of progress” on retunes along the Canadian border since new 800 MHz band plans were adopted in 2008.
The FCC Wireline Bureau seeks comment on petitions filed by CTIA and USTelecom seeking clarification and reconsideration, or, in the alternative, waiver of three high-cost universal service rules (http://xrl.us/bne89z). The telecom associations have asked the commission to clarify that the broadband reporting obligations in section 54.313(a)(11) of the commission’s rules, and the rule requiring five-year service quality improvement plans and associated progress reports, only apply to carriers receiving Connect America Fund Phase II support. USTelecom also seeks clarification that the Interstate Access Support portion of frozen high-cost support is not subject to the broadband deployment certifications required by section 54.313(c) of the commission’s rules. Comments in docket 10-90 are due Aug. 6, replies Aug. 21.
The market for cybersecurity is expected to grow from $63.7 billion in 2011 to $120 billion in 2017, according to a report released by Companies and Markets (http://xrl.us/bne9bc). North America, Western Europe and the Asia-Pacific region are “emerging markets,” while Latin America, the Middle East, Africa, and Eastern Europe are considered “high-growth” markets, the report said. North America accounted for 40 percent of the global revenue, it said.
TracFone submitted an application to take part in the FCC’s Broadband Adoption Lifeline Pilot Program. TracFone proposed a program that would offer broadband to at least 15,000 of its current Lifeline customers in three states: Florida, Maryland and Wisconsin. “TracFone, as a designated Lifeline Eligible Telecommunications Carrier in 41 states, has substantial experience in providing service to low-income consumers,” the carrier said (http://xrl.us/bne9bv). “TracFone was the first ETC to offer specified minutes of airtime and a handset to Lifeline-eligible consumers free of charge. TracFone has a long history of meeting the needs of low-income consumers."
The FCC Wireline Bureau seeks comment on a petition by the Colorado Public Utilities Commission to redefine the service area of Nucla-Naturita telephone company (http://xrl.us/bne8ne). If the commission does not act on the petition by Oct. 3, the Colorado PUC’s proposed redefinition will be deemed approved. Comments in docket 09-197 are due July 19, replies July 26.
Frontier Communications is using SureWest’s sale to Consolidated Communications to pitch itself to SureWest’s customers, calling itself “the only local telecommunications provider with historic regional and local ties to the community” in Elk Grove, Calif., where it’s headquartered (http://xrl.us/bne4ze). Frontier encouraged customers to take advantage of the California Public Utilities Commission’s requirement that SureWest waive early termination fees for business customers for 60 days. It said that Frontier is prepared to make the transition “worry-free from cost and implementation perspectives.” “We are very excited about the opportunities we have for our business customers as a combined SureWest/Consolidated Communications company,” said Anne Chacón, SureWest spokeswoman. “We are confident we will continue to earn our [customers'] business and loyalty. We have been in touch with our business customers to keep them up-to-date throughout the process of this acquisition. We will continue to have a local presence, as well as top-notch technical and customer care personnel.”