SO it turns out in 2003, the FCC amended the rules — but only with regard to higher power services governed by Subpart F. These higher power services were explicitly made secondary to any new entrants following the digital transition. (See 47 CFR 74.602(h)(3)). But the lower power wireless microphones governed by Part H (47 CFR 74.800 et seq) were not so designated.

I suppose an argument can (and will) be made that the FCC's 2003 BAS Order designated all BAS services as secondary to new entrants in Channels 52-69. But it should be reflected in the rules, and failure to modify 47 CFR 74.802 creates legal headaches at the very least. And, even if the argument is accepted, it doesn't solve the problem of all the legacy equipment in the hands of tens of thousands of users who will potentially be screwing up the new licensed wireless systems.

Stay tuned . . . .

No sooner did the FCC clarify that they would lift anonymity after they collected the money when Martin held a press conference and the FCC released the results. Here are the headlines:

1) Verizon won C Block and a boatload of licenses;

2) AT&T took a boatload of licenses;

3) Google didn't win anything (stupid oak leaves!).

I will have more details as I can track them down, and more analysis later. I also metaphorically owe Commissioner McDowell a dollar, for his prediction that the new entrants wouldn't bite on the big C.

Stay tuned . . .

The Onion explains the FCC's indecency rules.


FCC Okays Nudity On TV If It�s Alyson Hannigan

It should be noted, of course, that the inquiry is very fact specific. For example, a sex scene between Alyson Hannigan (“Willow”) and Amber Benson (“Tara”) would have strong artistic merit — especially if it included Sarah Michelle Gellar (“Buffy”). By contrast, if it took place during Seventh Season and featured Hannigan and Iyari Limon (“Kennedy”), it would merit a significant fine because Kennedy was a really stupid character and the entire relationship between Willow and Kennedy made absolutely no sense. In fact, even without the indecency, the FCC should have fined UPN for pretty much the entire second half of the seventh season.

By contrast, J. Michael Strazynsky should be fined for not making it profoundly unambiguous whether or not Susan Ivanova (Claudia Christian) and Talia Winters (Andrea Thompson) got it on in Divided Loyalties.

Such artistic programming can not only help avoid indecency fines, but it can be a serious assist next time you need a merger waiver. nudge nudge wink wink.

Finally, if any of the South Park characters appear nude, not only should the FCC fine every cable system in the country, but millions are likely to go blind.

Stay tuned . . . .

Alright Net Neutrality fans, policy wonks, and children of all ages. Bring your quatloos and tune your internet browsers to Von TV on March 11 at 2 p.m. to see THE ULTIMATE STEEL CAGE DEATHMATCH TAG-TEAM POLICY SMACKDOWN ON NETWORK NEUTRALITY!!!!

Yes! For the edification, enlightenment, and entertainment of the policy world, I, yr hmbl obdn't blogger, with Comcast Complaint Co-Counsel Marvin Ammori of Free Press, will square off against Progress and Freedom Foundation President Ken “the Assassin” Ferree and Phoenix Center President Lawrence “Terminator” Spiwak on the burning issue of network neutrality. As House Subcommittee Chariman Ed Markey (D-MA) once said: “This is no country for old broadband.” And I, personally, can assure you, There Will Be Blood. (If by “blood” we mean some “civil but very intense, passionate debate”).

“Not since the last Latke v. Hamentashen Debate has so much intellectual fire power, passion, and eloquence been mustered in one place on a vital issue of public policy.” — Random Policy Person

“Great background while multitasking.” — Overworked FCC staffer.

“A fantastic series of debates for a fantastic series of tubes.” --Senator Ted Stevens (R-Alaska)

So don't you dare miss the action! Tuesday, March 11, 2 p.m., live on VonTV and absolutely free. I shall float like a butterfly, sting like a bee, as I and my co-counsel Ammori, make mincemeat out of Spiwak and Ferree!

Stay tuned . . . .