FCC unanimously adopted notice of proposed rulemaking (NPRM) that eyes frequencies, including those now occupied by military users, for 3rd-generation and other advanced wireless services. Commission also denied petition by Satellite Industry Assn. (SIA) seeking additional spectrum for mobile satellite services (MSS), move that Multichannel Multipoint Distribution Service (MMDS) licensees opposed (CD Aug 30 p1). FCC adopted notice Dec. 29, meeting White House’s year-end deadline for approving item, although text hadn’t been released by our deadline.

Several members of Congress got off to fast starts this week, introducing Internet-related bills on familiar topics within days of returning to Washington. Among them: (1) Rep. Green (D-Tex.) introduced bill (HR-95) to protect “individuals, families and Internet service providers” from spam. It was referred to both Commerce and Judiciary Committees. (2) Rep. Frelinghuysen (R- N.J.) offered bills to require Federal Trade Commission to set regulations protecting Internet privacy (HR-89) and to regulate Internet companies’ use of social security numbers and other personally identifiable information (HR-91). He also dropped measures prohibiting telemarketers from interfering with any caller ID service (HR-90) and to ensure efficient allocation of phone numbers (HR-92). All were referred to Commerce Committee, of which Frelinghuysen isn’t yet member.

StarGuide Digital Networks said it received patent for its Satellite Receiver/Router System and Method of Use for removable Ethernet cards utilized in satellite receivers as well as satellite receiver cards that provide Internet Protocol (IP) router functionality. Company said technology is essential for StarGuide 3 satellite transmission system, Coolcast streaming media aggregator and broadcaster and Transportal 2000 professional and corporate multimedia distribution system. Coolcast subsidiary uses IP over satellite technology to facilitate multicast distribution of streaming video and audio to unlimited numbers of broadband PC users.

FCC will consider possible reform of intercarrier compensation at its Jan. 11 open meeting but long-awaited reciprocal compensation didn’t show up as companion item (CD Jan 4 p1). FCC is overdue to act on reciprocal compensation, which is one of many intercarrier payment schemes that will be addressed in broader notice of inquiry listed on agenda. Other agenda items agency will consider at meeting: (1) Proposal for technical and operational rules for use of frequencies by public safety entities. Idea is to assure various jurisdictions could talk to each other. (2) Memorandum opinion and order on reconsideration concerning rules that require broadcasters, cable operators and other video programming distributors to provide video description and make emergency information more accessible to visually impaired. (3) DTV transition and reception issues for broadcasters. (4) Declaratory ruling in case of DTV-only Fla. station that’s seeking cable must-carry status. (5) Implementation of Satellite Home Viewer Improvement Act, including DBS local-into-local, must-carry, network non-duplication, syndicated exclusivity and sports blackout rules.

House Republicans surprised few with their choices for new committee heads late Thurs. Choices still had to be ratified by rank-and-file at our deadline. As expected, Telecom Subcommittee Chmn. Tauzin (R-La.) was promoted to Commerce Committee chmn., and Subcommittee Vice Chmn. Oxley (R-O.) was given expanded Banking Committee, apparently clearing way for Rep. Stearns (R-Fla.) to take over Subcommittee. Rep. Sensenbrenner (R-Wis.) won Judiciary Committee, as expected, while Rep. Thomas (R-Cal.) gained Ways & Means.

Strategis Group report issued Thurs. cited “commercial uncertainties” that remain on 40-43.5 GHz band that European regulators were considering licensing for fixed wireless services. Study said band could allow new market entrants to gain foothold against dominant competitors. European Radiocommunications Committee has designated band for broadband, multimedia wireless systems, Strategis Group said. Among potential challenges for that spectrum is that adequate hardware may not be available for commercial operations, said Diane de Polignac, Strategis Group Europe consultant.

Commerce Secy.-nominee Donald Evans was cautious on Internet and telecom issues in his appearance before Senate Commerce Committee Thurs., assuring panel members that he would give attention to their pet issues but making no specific commitments. Evans has been busy wandering halls of Senate since his nomination, having visited virtually all Committee members before hearing. He appeared to have little to no opposition, and several lawmakers said they expected to see him confirmed quickly following President Bush’s inauguration. Among topics raised by Senators: (1) NTIA’s Technology Opportunity Program (TOP), lauded by several members for providing technology funds to underserved regions. “I know how important the issue is,” said Evans of digital divide: “I will give it my attention.” He said he would try to convince business leaders to increase private efforts. (2) Wireless spectrum, which several senators said was major topic in their private meetings with Evans. Sen. Rockefeller (D-W.Va.) said country needed “spectrum management strategy… We go from crisis to crisis.” Evans acknowledged that he had just learned about 3rd-generation wireless technology “in the last 48 hours or so,” but said it might help solve digital divide. He agreed that govt. needed long-term strategy for managing and auctioning spectrum. (3) Bureau of Export Administration’s Critical Infrastructure Assurance Office, which Rockefeller said was “underfunded, understaffed.” (4) Internet taxation quandary, which Evans said was “going to be on all of our minds as we approach” Oct. end of current e-commerce taxation moratorium. However, he said, Bush Administration was “sensitive to what it might mean to the tax base of… the cities and the counties and the states. And so those factors need to be considered.” Evans said “important thing is to get all the right constituents to the table to talk” and “this is not something that we should wait until October or September or whenever to talk about it.” (5) Privacy. Asked by Sen. Wyden (D-Ore.) what his “general approach” would be on topic, Evans said only that he would work with ranking Democrat Hollings (S.C.) and Chmn. McCain (R-Ariz.) and others interested in issue. But he said “we shouldn’t continue to procrastinate.”

Qwest Communications signed 3-year, $32 million contract to provide mysmart.com with Web hosting and development, dedicated Internet access, dial port connectivity, onsite project management, future DSL connectivity. Deal enables mysmart.com to offer nationwide Internet service at $9.95 per month. Agreement also allows mysmart.com customers to buy Qwest long distance service directly from mysmart.com. Qwest made equity investment of $5 million as part of long-term strategic alliance with mysmart.com.

Boeing Space Systems (BSS) received $160 million contract potentially worth $1.3 billion to develop high-capacity communication system for U.S. Air Force and Army by 2005, company said Thurs. Harris Corp., Logicon and ITT Industries are working with Boeing on project. Fixed-price agreement calls for first satellite to be launched in 2004 at cost of $160.3 million. If Pentagon exercises its options for 5 more satellites, business could be worth $1.3 billion. Boeing is using its new 702 model satellite bus and associated spacecraft and payload equipment. Team of technicians is expected to provide associated control equipment for both payload and spacecraft.

NCTA submitted 2nd brief to U.S. Supreme Court, seeking to convince high court to review appellate court ruling that struck down FCC’s authority over pole attachment rates for cable lines carrying Internet service. In 10-page reply brief filed Jan. 2 in Gulf Power case, NCTA argued that decision by 11th U.S. Appeals Court, Atlanta, “improperly rejected the FCC’s reasonable construction of Section 224” of Telecom Act and wrongfully concluded that “Congress intended to repeal the regulatory authority that the FCC admittedly possessed over pole attachments regardless of the type of service provided over the equipment attached to the poles.” NCTA also contended that “this case squarely presents an issue of national importance that was improperly decided” by lower court. It said utilities’ claims that “they are constitutionally entitled to recover so-called monopoly ‘market rates’ for providing access to essential bottleneck facilities is contrary to settled law and, if accepted, would render all rate regulation of monopoly enterprises unconstitutional.” Cable operators charged that utilities had been increasing pole attachment rates substantially since 11th Circuit ruling last spring. But utilities contended that they were entitled to get what market would bear.