FCC seeks comment on petition filed by CTIA Nov. 22 requesting that Commission begin rulemaking to implement Sec. 222 (f)(h) of Communications Act to adopt proposed location information privacy principles. CTIA wants to assure consumers’ wireless location information is guarded while permitting carriers to develop new location-based services. Assn. proposes: (1) Adoption of principles that would provide for notice, consent and security and integrity of wireless location information. (2) Rules that would provide safe harbor for any location information service provider that ascribed to privacy principles. (3) Assurance that privacy principles be technology-neutral so mobile consumer privacy expectations would be satisfied no matter what type of mobile device or roaming market was used. Comments are due April 6, replies April 17.
In fresh twist on old dispute, Hollywood studios, major broadcast networks, consumer electronics manufacturers and software developers are battling over whether over-the-air TV signals should be encrypted like digital programming carried over cable and satellite. Led by CBS, ABC and Fox, broadcasters are fighting 5C copy protection technology in Congress and at FCC, arguing that technology wouldn’t prevent their terrestrial TV broadcasts from being copied repeatedly by consumers or distributed by Internet pirates. But they're fiercely opposed by consumer electronics industry, which is pushing to preserve home copying rights of consumers for over-the-air programming. Meanwhile, 7 major Hollywood studios were split over issue, with 5 backing broadcasters but 2 willing to break ranks and adopt 5C technology.
FCC decisions aiming at speeding DTV transition could actually “slow or stymie the transition” unless they're changed, NAB, MSTV and ALTV said in joint petition for reconsideration (MM 00-39). Petition said many of decisions were based on what it considered unrealistic 2006 deadline for analog channel giveback, and were done “virtually in the abstract” since there was little real-world experience with DTV. Decisions “disproportionately and unfairly burden broadcasters without advancing the goals of a speedy and effective digital rollout,” broadcasters said. They asked FCC to reconsider its decision not to establish minimum performance thresholds for DTV receivers, saying they were “necessary step in remedying many of the performance shortfalls experienced by DTV viewers.” They said recent testing of 8-VSB system showed that market wasn’t enough on receiver improvements: “While receiver improvements are being made, progress is slow and inadequate.” Other changes sought by broadcasters include: (1) Current deadlines for broadcasters to replicate their existing signal service area and choose which will become their final DTV channel are “premature.” (2) Tougher principal community coverage requirement would “create undue hardships.”
Sens. Crapo (R-Ida.) and Akaka (D-Hawaii) introduced that would guarantee spectrum for amateur radio operators, action they said would ensure backup for emergency communications systems during disasters and promote experimentation and development of new circuitry and techniques to increase effectiveness of spectrum. S-549 would amend Sec. 303 of Communications Act to: (1) Prevent reallocation of primary frequencies. (2) Require that secondary frequency allocations not be diminished. (3) Prevent FCC from making additional allocations within those frequencies unless it “provides equivalent replacement spectrum” to amateur radio or amateur satellite services. Crapo said bill was necessary in light of 1997 Budget Act provision enabling FCC to auction spectrum used by amateur operators.
FCC opened rulemaking on transitioning Bcst. Auxiliary Service (BAS) to digital. Commission also proposed conforming some rules of BAS, which is used for electronic newsgathering and studio-transmitter links, with those of Cable TV Relay Service (CARS) and fixed microwave service. FCC said new rules would allow end-to-end digital broadcasting in any BAS band and would simplify rules and increase spectrum efficiency. Commission also proposed to allow movie and TV producers to use wireless assist video devices on unused TV channels as long as incumbent users were protected from interference.
Correction: Southern Communications Systems, which is petitioning FCC to deny C-block license Salmon PCS won in recent auction, was identified erroneously as subsidiary of energy company Southern Co. (CD March 13 p5).
Satellite Bcstg. Communications Assn. (SBCA) voiced strong opposition to Real Estate Alliance petition to FCC for reconsideration of over-the-air reception device (OTARD) rule that would allow commercial property owners to control broadband services that are provided to renters in buildings they own. Commission said landlords couldn’t restrict renters’ access to services. Case is under review in U.S. Appeals Court, D.C. In filing, SBCA reiterated position that Real Access Alliance petition be denied by Commission and defended right of consumers to receive services. SBCA Pres. Charles Hewitt said Alliance petition “offers nothing new” and “merely mirrors the failed arguments that opponents have made in earlier filings.” He said that Commission actions were in best interests of public.
Former Secy. of Treasury Robert Rubin, now chmn. of Citigroup Exec. Committee, will keynote and FCC Chmn. Powell will be luncheon speaker for “The Big Picture 2001” conference April 3 in N.Y. Conference, co-sponsored by Salomon Smith Barney and Bcstg. & Cable magazine, also will feature interview with AOL Time Warner Chmn. Stephen Case and CEO Gerald Levin, conducted by David Frost. Panel (moderated by NBC anchor Tom Brokaw) titled “The Internet One Year After the Crash” will include Richard Balluzzo of Microsoft, Martin Nisenholtz of N.Y. Times Digital, Thomas Rogers of Primemedia, Barry Schuler of America OnLine and Jeff Taylor from Monster.com. Other conference speakers include News Corp. Pres. Peter Chernin, Hughes Exec. Vp Eddy Hartenstein, Cox Communications Pres. James Robbins, Sony of America Chmn. Howard Stringer, NBC Pres. Robert Wright, Washington attorney and ex-FCC Chmn. Richard Wiley, Viacom Pres. Mel Karmazin, CBS TV Pres. Leslie Moonves.
Advisory Council on Historic Preservation (ACHP) signed agreement at meeting in Little Rock Fri. designed to streamline communications tower colocation reviews. Agreement was crafted by FCC, ACHP and National Conference of State Historic Preservation Officers. Pact eases review procedures for colocating antennas on existing towers under Sec. 106 of National Historic Preservation Act (NHPA). State and tribal historic preservation officers had discussed procedural changes with communications industry following flood of new applications as result of recent growth in wireless communications towers. Wireless industry had sought changes as way to help relieve administrative backlogs that were delaying tower construction. Agreement is product of 7 months of industry and federal, state and tribal govt. negotiations. Under pact, most colocations on existing towers will be exempt from ACHP siting review procedures. Sec. 106 requires federal agencies to consider effects of their undertakings on historic properties. Agreement acknowledges that effect on historic properties of antenna colocations on towers is “likely to be minimal and not adverse.” FCC said Fri. that national agreement was designed to relieve “unnecessary administrative burdens” on agency licensees, tower companies, state historic preservation officers and Commission “while protecting the goals of the NHPA.” Agreement allows antenna to be mounted on tower built on or before March 16, 2001, unless it: (1) Will increase substantially in size, based on factors such as raising height by more than 10%. (2) Has been determined by FCC to have impact on one or more historic properties unless there’s “no adverse effect” finding. (3) Is under pending environmental review or FCC proceeding involving Sec. 106 compliance. Additional caveat includes cases where licensee or tower owner has received notification that FCC has received complaint about adverse effect. Colocation on towers constructed after March 16 also is covered with similar caveats. “This agreement provides for flexibility now for carriers and tower companies to move forward,” PCIA Senior Vp-Govt. Relations Robert Hoggarth said. “The fundamental advantage of this agreement is simply that it allows historical preservation officials to focus on the small percentage of towers that do have an impact.” FCC signed off on agreement last week after it had allowed additional time earlier this year for comments on draft from tribal representatives. “Tribal concerns need to be addressed in this process,” Hoggarth said. “The programmatic agreement is the beginning as opposed to the end,” he said, noting PCIA was meeting with representatives of southern and eastern tribes today (Mon.) to begin identifying model siting agreement. Still, FCC Comr. Tristani expressed concerns that agreement fell short of agency’s commitment to facilitate tribal consultation in agency regulatory processes. Commission received nearly 20 comments from tribal govts. on draft, she said. “The overwhelming majority told us our approach is not working,” Tristani said. “This response is prima facie evidence that our understanding of tribal consultation is misguided.”
FCC asked for comment on MPower Communications’ request for clarification of total element long-run incremental cost (TELRIC) methodology as it applied to loop conditioning charges. Comments are due April 16, replies May 7.