For 2nd time, Dept. of Justice concluded Wed. that Verizon’s Sec. 271 filing in Mass. hadn’t demonstrated carrier was providing nondiscriminatory DSL access to competitors. When Verizon filed first application for long distance authority in Mass. in Sept., DoJ also raised questions about its provision of unbundled DSL loops. In 2nd run, after Verizon withdrew application in Dec. and resubmitted new one last month, DoJ said new filing contained additions that made it stronger. But in formal comments filed with FCC as part of Sec. 271 process, Justice said “the record still fails to provide a clear demonstration of nondiscriminatory performance.” Its detailed evaluation referred to factual disputes about Verizon’s performance raised by competitors in comments and said that in some cases “significant questions” remained.
Sirius Satellite Radio and Kenwood USA announced delivery of first radios to retailers. Kenwood is making shipments of “tens of thousands” monthly, Sirius said. Modules for radios are expected to be available this summer.
Hughes Network Systems received rights to use Sonics MicroNetwork’s chip communications intellectual property. Hughes will use Sonics technology in system-on-chip design going into ground stations for Spaceway global broadband satellite system.
Rainbow/PUSH Coalition filed notice of appeal of FCC’s rejection of its EEO complaint against KWMU(FM) St. Louis, saying Commission had failed adequately to consider evidence in case. Coalition had asked FCC to deny license renewal for station, but FCC imposed total of only $8,000 in fines. Notice said FCC failed to consider most of individual pieces of evidence presented by Coalition, as well as “the totality of that evidence,” and referred only to individual discrimination complaints to EEOC. Coalition called action arbitrary and departure from precedent.
FCC will allow BellSouth to waive 90-day period for providing colocation after application is received it said in order Wed. BellSouth sought same type of waiver Commission has granted Verizon and SBC, raising question whether 90-day interval was reasonable. Agency conditioned waiver on BS’s compliance with alternative application processing and provisioning standards for physical colocation identical to standards set for SBC and Verizon. BellSouth must implement those standards in states where no standards for colocation have been set, in this case, Ala., N.C., Tenn. Interim standards are based on N.Y. PSC’s that ILEC must notify requesting carrier within 8 business days of receipt of colocation application. CLECs are entitled to obtain colocation space within 76 business days when space is available. In major construction or special requirement situations, provision must be completed in 91 business days. Additions to existing colocation arrangements must be completed within 45 business days. BellSouth may extend provisioning interval by no more than 60 calendar days if ordering CLEC hasn’t provided timely or accurate forecast of colocation needs. BellSouth must file with state commissions any amendments necessary to bring its Statement of Generally Available Terms or colocation tariffs into compliance with interim standards within 15 days. Standards will take effect 60 days after amendments are filed and at earliest possible point permissible under state law for tariffs.
In oral argument Wed., U.S. Appeals Court, D.C., wrestled with question of how DSL ISP-bound traffic should be regulated, with attorneys from all sides acknowledging debate that fell into series of advanced services issues under Telecom Act that still were working their way through courts and remand process. Some arguments centered on whether DSL-based advanced services should be subject to same unbundling services that ILECs face under Sec. 251(c) of Telecom Act. One apparent area of agreement was that based on same court’s action last year vacating reciprocal compensation order, remand to FCC should have been sought for related issues in order on DSL traffic. In earlier ruling, court cited confusion on definition of ISP traffic, whether it was telephone exchange service, exchange access or 3rd category. In that decision, court remanded ruling, saying FCC hadn’t provided satisfactory explanation of why LECs that terminated calls to ISPs weren’t properly seen as terminating local telecom traffic and why such traffic was exchange access rather than telephone exchange access. On Wed., court heard separate appeals filed by Qwest and WorldCom on advanced services order released by FCC in 1999. WorldCom argued that Commission incorrectly concluded DSL ISP- bound traffic was exchange access and not telephone exchange access. It cited reciprocal compensation ruling last year that held that ISPs didn’t connect to local exchanges for purpose of origination or termination of telephone toll services. “These things are tripping over each other,” FCC attorney John Ingle acknowledged to court Wed. “We think in hindsight we should have asked for a 2nd remand. We do at some level have some embarrassment. We probably should have done that.” Judges David Sentelle, Stephen Williams and Judith Rogers heard arguments. WorldCom attorney Darryl Bradford urged court not simply to remand order but to vacate it. Qwest attorney Jonathan Frankel said Telecom Act didn’t change fact that different rules applied to different services. Unbundling requirements of Sec. 251(c) should apply to LEC based on specific service being offered, not all services that particular classification of telecom carriers offered, he said. Otherwise, “it turns 251(c) into a ball and chain that incumbents carry with them into every new market they enter,” Frankel said. Referring to what he called “fearmongering” in FCC’s brief, he said: “This appeal is about how DSL will be regulated, not whether it will be.” WorldCom arguments hinged on DSL ISP-bound traffic’s being telephone exchange service, not exchange access. Telecom Act forecloses conclusion that ISPs connect to local exchanges for purpose of origination or termination of telephone toll services, WorldCom said. Darryl Bradford, attorney for WorldCom, told court that ISPs provide information service and aren’t telecom providers that are connecting to local exchanges to terminate traffic.
Eutelsat and EuropeStar reached temporary agreement that will keep their satellites from interfering with each other, companies said. They're still working on final agreement on coordination.
Robert M. Silliman, 87, consulting engineer who designed first widely accepted FM antenna as industry standard, died of pneumonia Feb. 11 in Baltimore retirement home. After graduating from U. of Minn., he joined FCC in 1937, leaving in 1942 to go to Harvard U. Radio Research Lab, where in World War II he was involved in efforts to jam Germany’s radar. In 1946 he formed consulting firm that he headed until suffering stroke in 1996. Silliman also was officer of Electronics Research Inc., where he was active in designing TV antennas on Empire State Bldg. in N.Y., John Hancock Center in Chicago and other tall buildings. He was former pres. of Assn. of Federal Communications Consulting Engineers and received NAB Lifetime Radio Engineering Achievement Award in 1993. Wife, 3 daughters, son survive.
Digital cable and DBS subscribers are watching average of 3-4 more hours of TV per week than analog cable customers, CTAM said. In its latest research study of media usage, CTAM said almost half of DBS and digital cable customers were watching more TV since subscribing to their digital service. Study also found that: (1) DBS and digital cable customers subscribed to more premium movie channels than their analog counterparts. (2) Digital cable and DBS customers tended to be more frequent purchasers of pay-per- view movies, while analog cable subscribers rented videos more often. (3) Home Internet users watched average of 2-4 fewer hours of TV per week than non-Internet users. (4) Digital cable and DBS subscribers used interactive program guides more frequently than other sources of programming information. (5) DBS and digital cable customers were more satisfied with movie choices on their respective TV services than analog cable subscribers.
Verizon Wireless began cellular digital packet data (CDPD) service for Windows CE devices, including Pocket PC. Verizon said wireless data service, called Mobile IP Internet Access, runs on personal digital assistants and builds on CDPD service started last year for Palm organizers. Usage plans include $24.95 per month for unlimited Internet browsing and e-mail.