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FCC to Rule on Cable Spectrum Plan

By Ted Hearn -- Multichannel News, 5/10/2002 12:00:00 PM MT

The Federal Communications Commission is expected to decide May 16 whether private cable operators may share spectrum currently reserved for franchised cable operators for microwave transmissions.

A private cable firm called OpTel Inc. filed a request for access to the spectrum in 1999. The company said cable exclusivity was a one-sided eligibility restriction that should be eliminated.

OpTel was represented by current FCC Media Bureau chief Kenneth Ferree, who has not participated in the rulemaking since joining the agency last year.

OpTel hopes access to the spectrum will make it more competitive with incumbent cable operators.

Cable operators use the spectrum in the 12-gigahertz band to transmit video-programming signals in areas of a franchise that contain features -- such as rivers, mountains and rugged terrain -- that are not economical to wire.

In comments, the National Cable & Telecommunications Association did not urge the FCC to reject OpTel's request. But the NCTA claimed that the FCC has substantial technical and operational issues to resolve and it needs to ensure that new users do not disrupt incumbent operations and do not warehouse spectrum.

It's highly likely that the commission will adopt OpTel's plan because it has scheduled a vote on the issue at its May 16 meeting. The agency rarely puts proposals on its public agenda that it plans to dismiss.

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