Electronic Privacy Information Center (EPIC) counsel David Sobel said location technology for wireless phones has “issues that need to be addressed soon.” Sobel said there “is very spotty legislation” in this area. Most important is question of legal standards required for law enforcement to gain access to location information, he said.

Mich. Gov. John Engler appointed Laura Chapelle as new PSC chmn., succeeding John Strand, who recently resigned to head Mich. Legislative Advisory Council. Chapelle, who was Engler’s deputy legal counsel, will serve out 6 months remaining in Strand’s term. Her background is in energy regulation and legislation. Nomination is subject to Senate confirmation.

Small Business in Telecommunications (SBT) told 3-judge panel of U.S. Appeals Court, D.C., Thurs., that many small businesses chose not to participate in 1997 800 MHz specialized radio auctions because of financial uncertainty and because FCC definition of small business was unclear at time of auction. However, when questioned by judges, SBT counsel Robert Schwaninger was unable to name single entity that claimed to have suffered from what SBT termed “uncertainty.” SBT was defending petition for review it filed on 2 FCC orders rejecting company’s petitions for reconsideration of its 800 MHz lower channel report and order and its upper channel report and order. Court said it had no jurisdiction on upper channel appeal since it wasn’t mentioned in SBT’s petition for review. Lower channel appeal dealt chiefly with issue of Small Business Administration approval of small business definition. Judge David Tatel questioned SBT attorney repeatedly, trying to establish, among other things, where in SBT pleadings certain claims made in its petition for review could to be found. All 3 judges said they were unable to find several assertions in SBT’s petition in proceeding’s earlier record.

Mercedes Walton, ex-AT&T, appointed pres.-COO, Applied Digital Solutions… James Toupin, ex-U.S. International Trade Commission, named gen. counsel, U.S. Patent & Trademark Office… Larry Beerman, ex-Tellabs, named vp-business development, NexTone Communications… Timothy Kelly, ex-tickets.com, appointed pres., National Consumer Organization, Sprint…Kathy Jia promoted to gen. mgr., MediaWave Advertising… Appointed to e.spire Communications board: Dennis Freely, Telecom Group; Stanton Williams, NTL… Reed Hundt, ex-FCC chmn., elected to Brience board… Andrew Rosen, regional vp-sales, Clear Channel, adds exec. vp-mktg., replacing John Fullam… Robert Gerrard promoted to exec. vp-gen. counsel, Scripps Networks… Promotions at ACT Teleconferencing: Robert Aubry, to regional managing dir.-N. America, replacing Eugene Warren, who was promoted to COO; Mark Kelly to chief technology officer, replacing Iain McKeracher, retired.

“Robust discussion” of results of latest DTV testing followed presentation of results to more than 150 broadcasters in Washington Thurs., we're told. Closed-door meeting reportedly was told that VSB standard out-performed COFDM on 30-ft. outdoor antennas, COFDM did better on 6-ft. outdoor antennas and neither did very well on indoor antennas, as expected (CD Jan 11 p2, Jan 10 p2). Broadcasters also were told that COFDM would make DTV available to about 6% fewer households and same power level would give stations 14% smaller viewing area. Officials of COFDM supporter Sinclair Bcst. reportedly repeatedly made their claim that testing was flawed because it used COFDM receiver without needed filter. Broadcasters also were said to have repeatedly criticized cable and set-makers for not accelerating DTV rollout. Boards of NAB and MSTV are to meet Jan. 14-16 to decide what to recommend to FCC based on test results.

Ariz. Attorney Gen. Janet Napolitano ruled expansion of Ariz. Corporation Commission to 5 members from 3, which voters approved in Nov., won’t be effective until 2 additional commission members are selected by voters in 2002 general election. She said plain language of ballot question and fact that legislature didn’t budget for additional members in 2001-02 fiscal cycle clearly showed it didn’t intend that ballot proposition create vacancies that required interim gubernatorial appointments. On related question, Napolitano said current commissioners could be elected to one additional 4-year term when their present terms expired. She said past commissioners, who previously were barred by law from seeking commission seat ever again, could run for 2nd term on agency starting with 2002 elections. With legal questions settled, agency Comrs. Marc Spitzer and Jim Irvin agreed Tues. that Comr. William Mundell was commission’s new chmn. Chmn. serves indefinite term and always casts final vote.

Promotions at Time Warner: John Fogarty to vp, Gary Matz to vp, Trish McCausland to senior counsel… Sallie Fraenkel advanced to senior vp-mktg. & operations, program enterprises and distribution, Showtime… Jonathan Shair, ex-Bravo/Independent Film Channel, appointed vp-program scheduling and planning, Starz Encore Group… Richard Sulpizio, Qualcomm pres.-COO, elected to board… Ralph Haiek promoted to COO, Claxson Interactive Group… Michael Kennedy advanced to corporate vp and dir.-global govt. relations, Motorola… Berry Smith, senior vp, Schurz Communications, retires Jan. 31… Clifford Rees promoted to pres.- N. America, World Access… Changes at Broadbeam: Sri Sridharan, ex-ServiceNet, named pres.-COO; William Lenahan, CEO, KMC Telecom, joins board… Hewlett Packard Chmn. Carly Fiorina appointed to Cisco Systems board… Geoffrey Crowley promoted to regional vp-sales for the north, Net2000 Communications… Michael Kuehn, ex-Desert Island Resource Group, named vp-quality assurance & process development, Pathnet… Gordon McKenna, chmn., American Teleservices Assn., resigns.

Salt Lake Organizing Committee will be broadcast frequency coordinator for 2002 Olympic Games and Paralympic Games in Salt Lake City, FCC said in notice Wed. Group will coordinate frequency use in 150 km radius from city during games, FCC said.

NASA’s Goddard Space Flight Center gave Swales Aerospace 5- year contract worth potential $350 million to provide engineering service for Goddard’s Applied Engineering, Technology, Suborbital and Special Orbital Projects Directorates, including studying, designing, developing, testing, verifying and operating spacecraft and ground system hardware and software. Swales also will coordinate work of Orbital Sciences, Jackson & Tull, Hammers and Curtis Management in deal that consolidates services of 2 prior engineering service contracts.

U.S. Appeals Court, D.C., remanded low-power FM (LPFM) rules to FCC to give Commission time to implement latest legislation, responding to NAB petition (CD Dec 28 p4). Court said parties should report to court within 21 days after FCC action, to allow court to decide whether more action was needed. Court also said FCC must implement character qualification provisions of Radio Bcstg. Preservation Act.