New York City, Seattle and others that received FCC waivers in May to build local public safety networks in 700 MHz spectrum, but were left out when the NTIA awarded Broadband Technology Opportunities Program money, told the commission they're re-evaluating what to do next. The NTIA gave grants to Los Angeles County, the San Francisco Bay area, Mississippi and a few others, but most of the 21 waiver recipients were left empty-handed. Waiver recipients were required by the FCC to provide updates on progress in building systems.

A group of TerreStar affiliates filed for Chapter 11 bankruptcy protection in an effort to restructure hefty debt obligations, the company said. EchoStar, the largest secured debt-holder, will provide $75 million in debtor-in-possession (DIP) funding allowing TerreStar to continue operations and backstopping a $100 million rights offering, raising speculation by industry analysts of increased EchoStar involvement in future operations. TerreStar warned investors this summer it was considering filing for bankruptcy (CD Aug 10 p5). The filing Tuesday may allow for large spectrum acquisitions in the 2 GHz band, observers said.

Operators who want to offer service in the 3.65 GHz band have yet to ask the FCC to change its rules, two attorneys active in wireless issues said late Monday, at the Wireless Communications Association show. Until operators come forward, the FCC won’t have anything to act on even if it chose to make changes, said Steve Coran, who represents WISPs among his clients, and Paul Sinderbrand, longtime counsel to the WCA.

Repurposing the Mobile Satellite Services (MSS) bands should be a top priority of the FCC to promote the rollout of 4G services, FCC Commissioner Meredith Baker said Tuesday at the Law Seminars International Conference on Spectrum and Broadband. Baker listed three other “action items” the FCC should move on quickly to promote 4G service in the U.S. She also predicted that work on overhauling the Universal Service Fund will start in December and dominate the commission’s agenda next year.

FCC Chairman Julius Genachowski urged CEOs of Fox and Cablevision to end their retransmission consent dispute, he said, saying he spoke to officials at both companies by phone Tuesday. “I reminded the companies that they share responsibility for consumer disruption, and that they shouldn’t punish consumers because of their unwillingness to reach a deal. I also insisted that they negotiate in good faith,” Genachowski said in a statement e-mailed to reporters. He also said he was “deeply troubled” that the companies have spent more time attacking each other through lobbyists and ads than in negotiations. “The time for petty gamesmanship is over.” Meanwhile, Sen. John Kerry, D-Mass., sent Genachowski a copy of a draft bill that would implement many of the changes some pay-TV distributors want made to the retransmission consent rules.

The Republican who may lead the House Commerce Committee next year said FCC regulations “are only further smothering the economy.” In a Washington Times op-ed piece Tuesday, Rep. Fred Upton, R-Mich., urged congressional oversight of the FCC and other federal agencies next year. Upton has expressed interest in becoming the next Commerce Committee chairman, and some telecom industry officials say he’s the favorite. Current Committee Ranking Member Joe Barton, R-Texas, must step down under GOP term-limit rules unless he gets a waiver from the Republican leadership.

An FCC order Tuesday increased Sirius XM’s role in deciding which bodies will use channels set aside as a condition of the XM-Sirius merger in 2008. Eligibility for the set-aside, which originally reserved 4 percent of the channels for minorities, was broadened to allay constitutional concerns about specifically benefiting ethnic groups. The order didn’t change in major ways after it began circulating in September (CD Sept 7 p2). The FCC originally set a December 2008 deadline for meeting the merger conditions, but commission action on the set-aside has long been delayed as officials worked through the constitutional issues.

The Obama administration deserves high marks for the speed and aplomb with which it doled out Broadband Technology Opportunities Program grants, but BTOP was too narrow and conservative in the kinds of projects it picked to fund, said two speakers on a panel Tuesday at the monthly Broadband Breakfast in Washington.

Cablevision was refusing to let Verizon carry the first New York gubernatorial debate to its FiOS pay-TV customers, the telco said. Cablevision was sponsoring the 90-minute faceoff among gubernatorial candidates Andrew Cuomo, Carl Paladino and five other smaller-party contenders from 7 to and 8:30 Monday night.

The FCC should be “vigilant” in its oversight of middle-mile prices and access, seek public comment on whether its rules on retirement of copper-wire networks let ILECs keep small carriers out of the market, consider a rulemaking on access to and device interoperability on the newly auctioned 700 MHz spectrum and “examine the impact” on CLECs before increasing rates on pole attachments, the Small Business Administration’s advocacy office said. The comments came in response to last month’s public notice from the Wireline Bureau, which asked for input on how broadband affects small and medium-sized businesses. SBA said its comments reflect the views of leaders from small broadband companies who participated in an Oct. 5 agency roundtable.