Effectiveness of U.S.-Europe safe harbor agreement on Internet privacy is in question for telecom carriers because FCC hasn’t agreed to enforce U.S.-Europe privacy agreement, source in Commerce Dept. (DoC) told us. DoC is in talks with Commission in effort to bring it aboard safe harbor agreement, although some sources said European Union (EU) wouldn’t recognize FCC as legitimate enforcement agency. Telecom and common carriers can join safe harbor agreement, but only as it relates to functions outside realm of common carriers, sources said. Agreement reconciles strong European privacy rules with U.S.’s self- regulatory stance, guaranteeing that U.S. companies can do business in Europe.

American Tower said Fri. its operating income before depreciation and amortization plus interest would fall below expectations for 4th quarter. Company said lower than anticipated levels were due mainly to one-time $7 million reserve for bad debt on component sales to Anicom. Operating income before depreciation and amortization is now expected to be $56-$60 million in quarter. Company also said it expected revenue for quarter to be $226-$233 million, resulting from stronger than forecast sales in services and Internet, voice, data and video segments. American Tower estimated that towers newly constructed in quarter would top 500, also beating forecasts and raising year- end total to more than 1,650. Company’s shares fell 8.37% Fri. to $36.25 at close.

First order of business for new House Commerce Committee Chmn. Tauzin (R-La.) is examination of “the networks’ blown coverage of the Presidential election,” his spokesman Ken Johnson told us. In early Feb., Tauzin will chair hearing by full Committee on issue, Johnson said: “It’s not designed to be confrontational. We simply want to find out why the networks dropped the ball and how we can prevent this from happening again.” He said other early priorities would include FCC reauthorization and reform, giving Bell companies authority to provide advanced services across LATA boundaries, resolution of reciprocal compensation controversy and “long hard look at online privacy.”

Satellite digital radio rivals used Las Vegas Consumer Electronics Show (CES) to flex their promotional muscle in advance of commercial debuts later this year. Sirius Satellite Radio told news conference it had signed “multifaceted” marketing and programming partnership with House of Blues that “will introduce service to millions of music fans” attending House of Blues events throughout U.S. Sirius also announced programming carriage agreements with A&E TV Networks, Discovery Channel, Weather Channel. Mktg. Vp Doug Wilsterman said first Sirius receivers should arrive for sale by midyear at $300-$400. Sirius also plans to market FM modulator for adapting existing car audio equipment for use with Sirius satellite receiver. It demonstrated what Wilsterman called “absolutely true” satellite reception in Las Vegas Convention Center. He said that for demonstration purposes, Sirius had turned off its Las Vegas terrestrial repeater. Responding to questioner, Wilsterman said Sirius and rival XM Satellite Radio were committed to “honoring” FCC mandate that receivers marketed by both services be made interoperable. He said Sirius and XM were working very hard to achieve interoperability under “unified standard” agreement they signed last year. But he estimated that first interoperable receivers wouldn’t be available in marketplace for 4 years. Meanwhile, at Fri. Las Vegas news conference set for past our deadline, XM planned to demonstrate first-time live broadcasts to Convention Center from company’s Washington studio. On eve of CES, XM said it scored big promotional coup, announcing it had signed 2,200- store Sears to promote XM radio products and services at retail nationally.

As it continues to weigh imposing additional regulatory conditions on AOL’s pending purchase of Time Warner (TW), FCC is seeking help from group of small and midsized ISPs. Commission has asked coalition of smaller ISPs and state associations to draft definitions of local and regional ISPs that agency might use in setting tougher open access requirement on AOL-TW combination. Proposed requirement reportedly would force AOL-TW to carry at least one local and one regional ISP on every TW cable system, in addition to national EarthLink service that MSO already has committed to carry. That would go beyond open access provision stipulated by FTC, which would require AOL-TW to open its high- speed cable lines to at least 3 unaffiliated ISPS, including EarthLink, when it added AOL as offering. Speaking for ISP coalition, NorthNet Mktg. Dir. Stephen Heins said group also was pressing FCC to set open access mandates for business users in smaller and rural areas. He said group planned to submit its proposal to Commission by today (Jan. 8) at latest.

Tex. PUC urged state legislature to set statewide goal of providing affordable advanced services to all Texans by date certain, refrain from overregulation of advanced digital data services, create climate that promotes advanced service development. PUC, in annual report to legislature on broadband development in Tex., said while rural areas’ broadband interest was high, they were less likely to have services available. Agency said Internet use among older, poorer and minority populations was less than in overall population. To spur broadband development, PUC suggested legislature consider tax incentives, giving rural governments authority to provide broadband services if private efforts failed, using control over state rights-of-way to encourage development, using economic development funding for advanced services. Agency also suggested private initiatives including demand pooling, community networks and finding “anchor tenants” that would guarantee usage to attract investment.

Michael Kennedy moves up to dir.-global relations, Motorola… Betsy Kulick, ex-Motient, named dir.-external relations, Final Analysis… John Fiorini, ex-Gardner, Carton & Douglas, appointed partner, Wiley, Rein & Fielding… Nicole Buie, advanced to dir.-research and education, CableRep Adv…Stephen Parker, ex-Russell Reynolds, named managing dir.-information systems and e-commerce, Hailes & Assoc… Jack Zwaska to receive career achievement award to be named after him by Bcst. Cable Financial Management Assn. Jan. 10… Adam Singer, Telewest, appointed non-exec. member of board, QXL ricardo… Jeffrey Liberman advanced to pres.-Radio Div., Entravision Communications, replacing Amador Bustos, who resigned as executive but remains with company… Kay Jackson promoted to dir.-regulatory affairs, Cox Communications… Travis Rutherford, ex-ememories.com, named senior vp, MGM Consumer Products and MGM Interactive, replacing Doug Gleason, resigned… Richard O'Brien, ex-Special Olympics, appointed exec. vp-dir.-govt. relations, American Assn. of Advertising Agencies… Changes at Prodigy Communications: Added to board: Robert McClane, Joseph McKinney and Randall Stephenson; resigned from board: Marc Goldberg and Arturo Elias… Vicki Livingston, ex-Telecorp PCS, named dir.-mktg., Universal Wireless Communications Consortium… William Carey, advanced to pres.- Southwest Tex. Div., Time Warner Cable, replacing Jeffrey King… Peter Uhlmann promoted to chief of staff for Rep. Cox (R-Cal.) from legislative dir., but will continue as principal adviser on Internet and telecom issues.

TechNet formally announced appointment of former Rep. Rick White (R-Wash.) as its new CEO. White founded Congressional Internet Caucus and was involved in numerous Internet-related laws, including Internet Tax Freedom Act. He has been partner in Perkins, Coie since losing reelection bid in 1998. “I'm really excited about it,” White told us in interview. He said TechNet would set its agenda for year in executive committee meeting Jan. 11, but he expected hot issues to be trade and education. “I don’t see a whole lot of threats from the government,” White said. “Both parties still want to do business with us. We still have a window of opportunity” for key issues, and “frankly I can’t think of a lot of people opposed to technology.” He said that during his time in Congress, “there was an aversion in the technology community to spend time with government, and government quite frankly didn’t get it… There’s been a gradual evolution in the right direction.”

FCC issued Notice of Proposed Rulemaking (NPRM) Fri. that examines potential spectrum that could be tapped for 3rd- generation wireless and other advanced services. Agency seeks comments on providing mobile and fixed services in 1755-1850 MHz band now used by military, various approaches for 2500-2690 MHz now occupied by Multichannel Multipoint Distribution Service (MMDS) and Instructional TV Fixed Service (ITFS) licensees, proposed allocation of 1710-1755 MHz for fixed and mobile services, and other options (CD Jan 5 p1). Interim report on 3G spectrum issued by FCC last fall said segmenting MMDS and ITFS bands to allow operation of advanced mobile services would pose technical challenges. NPRM seeks comments on scenarios that would allow operation of advanced wireless services in that frequency. One possibility, FCC said, is allocating spectrum for fixed and mobile services on co-primary basis, which would allow spectrum to be used for advanced offerings such as 3G. Comment is invited on “public interest costs and benefits” of adding mobile allocation to bands without mandatory relocation. NPRM asks whether there are steps that could bolster secondary market in those bands so they could “evolve to their highest value use,” whether fixed or mobile. “Could current ITFS/MDS licensees reorganize their systems to continue providing current services and also offer new mobile services on a competitive basis with other wireless system providers, such as cellular or PCS,” FCC asked. It wondered whether part of spectrum could be made available for new entities. It asked ITFS licensees whether adding mobile service allocation to 2500-2690 MHz would help educators and, “if so, how such operations could be utilized in an educational context.” MMDS licensees are asked whether adding mobile service would benefit their band plans. If part of band were cleared for advanced wireless services and incumbents had to be moved, notice asks how licensees could be accommodated elsewhere. In that area, agency is looking for cost estimates for relocation and whether equipment would need to be retuned or facilities would have to be replaced altogether. Second phase of FCC’s 3G spectrum report, due in March, is to cover potential relocation options and related costs. NPRM also seeks comment on several band pairing schemes and pairing options. In general terms, FCC solicits feedback on range of advanced wireless services that could be introduced in future and their cost impact on manufacturers, system operators, consumers. Comment is sought on how much additional capacity is needed for advanced services, including high-speed data and multimedia applications such as full-motion video. Specifically, NPRM asks what size of spectrum blocks would be appropriate and when extra spectrum will be needed.

While CLEC industry is far from strong overall, upbeat news from McLeod and XO Communications shows CLECs with good management and business plans are persevering, analysts said Fri. McLeod announced bond offering and better-than-expected financial expectations Thurs. while XO announced Fri. it is selling $450 million of 5.75% convertible subordinated notes in private placement. Lehman Bros. analyst Daniel Zito said successful market transactions “should alleviate some pressure on the better names which have been cast away with everything else in the sector downdraft.” It shows “funding is still available at reasonable terms for the better management teams,” he said.