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.

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.

StreamAudio will provide audio streaming and revenue-sharing ad insertion technology for all 83 Cox Radio stations under new agreement with Cox Radio Interactive. Cox is 4th largest radio owner in U.S., based on revenue.

Bidding in FCC’s C- and F-block PCS auction rose to $14.57 billion Wed., vs. $14.2 billion Tues. Salmon PCS, designated entity with Cingular Wireless investment bid $3.06 billion, followed by AT&T Wireless-backed Alaska Native Wireless with $2.42 billion. Competition remains strong for 3 N.Y.C. licenses, all of which now have surpassed $1 billion mark. In 43rd round, Verizon Wireless bid $1.42 billion for one license there, Salmon PCS $1.13 billion for another and Alaska Native Wireless $1.04 billion for 3rd. Other high bidders in auction of 422 licenses that began Dec. 12 include DCC PCS with $966.4 million, Cook Inlet with $486.8 million, VoiceStream with $385.9 million, Leap Wireless with $336.8 million. Of top 15 bidders, 13 are designated entities, with Verizon Wireless and VoiceStream representing exceptions. Next highest bid for single license after N.Y.C. is $519.7 million for L.A. license by DCC PCS, subsidiary of Dobson Communications.

German govt. awarded 8 major regional spectrum licenses to provide fixed wireless and broadband services to ArcTel, joint venture of Teligent and Mannesmann Arcor. Licenses in 26 MHz band cover Berlin and Hamburg, increasing total population coverage of ArcTel in Germany to 31 million, companies said. Mannesmann Arcor is fixed-line telecom arm of Vodafone Group. Companies said ArcTel now holds more than 200 licenses in Germany.

Most recent round of DTV standard tests was flawed, COFDM backer Sinclair Bcst. said in memo we obtained Wed., day before start of closed-door DTV summit in Washington. Sinclair said COFDM tests inadvertently were conducted with receiver that lacked front-end filter, causing set to be overloaded in many situations. At very least, mistake and test results indicated that NAB and MSTV should go ahead with 2nd round of testing on DTV systems, Sinclair Vp-New Technology Nat Ostroff said in memo. Other broadcast officials didn’t immediately comment on memo.

Consumer Electronics Retailers Coalition (CERC) urged FCC to reject NCTA and Time Warner petitions for reconsideration of agency’s cable-ready labels for new DTV sets (CD Nov 29 p5). Signaling no letup in battle between consumer electronics and cable industries over DTV set labels and other DTV-cable compatibility issues, CERC argued that real problem was OpenCable specifications for advanced digital cable set-top boxes and integrated TV sets, not set labels adopted by Commission. In 10- page filing with FCC, CERC criticized cable industry for not supporting digital cable boxes “capable of competition with the MSO-distributed products now on the market.” Group said it was “cable industry compliance, not the labels, that needs to be reformed.” CERC also said NCTA was seeking to “turn this labeling proceeding into a substantive mandate that all OpenCable-reliant DTV receivers must include the ‘1394’ interface” favored by cable and broadcasting industries for digital sets. CERC said cable industry’s own focus group studies showed that “the labels previously recommended by NCTA are… not good enough.”

Paxson announced series of TV station transactions, including: (1) It agreed to sell KBPX (Ch. 13) Flagstaff and WPXS (Ch. 13) Mt. Vernon, Ill., to Equity Bcstg., terms not disclosed. Stations will remain Pax affiliates. It said sales were move toward complying with FCC ownership cap. Deals mean Paxson stations will reach 33.1% of U.S. households, it said. (2) Pax TV signed joint sales agreements with Scripps-owned NBC stations in Kansas City (KSHB-TV, Ch. 13), Palm Beach (WPTV, Ch. 5), Tulsa (KJRH, Ch. 2). NBC stations will provide sales and marketing infrastructure for Pax stations. (3) Paxson signed joint sales agreement with Dispatch Bcst. station WTHR-TV (Ch. 13) Indianapolis (NBC). WTHR-TV will provide sales and marketing for WIPX-TV (Ch. 63) Bloomington, Ind.

Responding to patent infringement suit filed against it by nCube Corp. earlier this week (CD Jan 9 p12), SeaChange International called charges “without merit” and said it would “vigorously defend its technology, products and customers.” SeaChange complained that it received “no notice” of nCube’s infringement claim before suit was filed. Interactive TV provider also said Del. jury had rejected similar nCube suit in late Sept., reaffirming validity of SeaChange’s MediaCluster technology patent.

FCC, NTIA and Industry Canada reached agreement on spectrum- sharing requirements along U.S.-Canada border for U.S. Local Multipoint Distribution Service (LMDS) and Canadian Local Multipoint Communications Service (LMCS). Interim arrangement also covers certain services in 27 GHz, 29 GHz and 31 GHz. FCC said arrangement defined coordination requirements to help prevent cross-border interference. It said pact would help promote services such as high-speed Internet access and high-speed data. Arrangement calls for licensees of systems in 27 GHz to coordinate services on either side of border, with carriers encouraged to develop their own sharing agreements. If licensees work out their own sharing arrangement, FCC said that agreement will be followed rather than coordination process outlined in U.S.-Canada agreement. Without such sharing arrangements, coordination will be based on different power flux density (pfd) levels calculated at service area boundaries. In 29 and 31 GHz bands, coordination isn’t required if station generates pfd signal less than or equal to -105 dBW/m2 in any 1 MHz band at border. Above that level, coordination is necessary before deployment. In U.S., 27.35-27.5 GHz is occupied by federal govt. fixed and mobile systems and intersatellite service. That means NTIA and Industry Canada will represent licensees in arranging for coordination in that band segment, FCC said. “This arrangement gives licensees the flexibility to develop their own border-sharing agreements and will encourage expanded development of the 27, 29 and 31 GHz bands,” FCC International Bureau Chief Donald Abelson said. Arrangement includes list of service areas that may need to coordinate with each other. In Canada, 27 GHz band is designated for LMCS, but nation hasn’t yet designated radio service for 29 and 31 GHz. In U.S., 29 GHz is allocated for LMDS and in Canada for fixed and mobile service. Arrangement doesn’t apply to mobile services in those bands, although footnote to arrangement said it might be amended if Canada designated 29 and 31 GHz for fixed service. FCC said arrangement was part of its effort to negotiate agreements with Canada and Mexico to promote efficient spectrum use in border regions -- www.fcc.gov/ib/pnd/agree.