now, on price issues, you know, that's the job of the fcc. and they've done it on other mergers, wireless and wire line. for example, when at&t merged with bell south, there was a commitment in terms of price and in terms of wire line buildout in rural southeast u.s. so these, this is the fcc part of the deal is to slap conditions on in terms of what actually happens to consumers as opposed to, you know, the antitrustish shies that the justice department -- issues that the justice department is focused on. >> host: let's go back and clarify again what the promises that at&t has made to cwa regarding jobs, and are those in writing? what are the guarantees you have -- >> guest: yeah. i would be as cynical if they were only to the cwa, although we have lots of faith in what they say. but, no, these are written commitments that they've made in writing that on the call center side, the biggest single place where in terms of front line jobs across america, these are the big locations in the wireless industry. this could be call centers, like there'

so this is the fcc part of the deal. in terms of what actually happens to consumers as opposed to the antitrust issues the justice department is focused on. >> if we could let's go back and clarify again with the promises they've made regarding jobs and are those in writing? what are the guarantees that you have? >> we have lots of faith and what they say that these are written commitments they've made in writing it on the call center side the biggest single place where in terms of front-line jobs across america and in the wireless industry these can be call centers like the t-mobile center in may and with 500 jobs people studying for their jobs right now in fact the workers themselves were outside yesterday in a press release about jobs. at&t is saying no jobs cut in any of the centers, none it stopped the of shoring and in addition they will bring back 5,000 by cutting the will probably cut more than 5,000 jobs in asia but there will be the gain of 5,000 call center jobs in the u.s. in the centers. that's a huge shift

by definition, no one can be within that 50 foot fcc perimeter.t is not the case on the roof block elsewhere. if you go all of the way across king, avalon, there are pictures that are in the packet, no publicly available space up there. again, no roof deck, no appeal with basis. just like anyone can file a lawsuit, to file a lawsuit with basis is different, and i understand their situation is different. there are alternative locations that do not fit within 58 feet of people's specific children. supervisor wiener: ok, thank you. president chiu: ok, why do we not hear from planning? >> i am joined by a senior and our mental planner. this appeal is about the ceqa appeal for the wireless on this street. they did not consider health impacts in the review. the question before us is did the product adequately consider -- did the department adequately considered the informal impacts as required by ceqa. you can reject this and send it back to the department for further environmental about -- analysis. they did consider environmental impacts and to determ

this is still pending before the fcc. even though the general has come forward our subcommittee and stated this affects national security the fcc is still proceeding. we think this is something that needs to be stopped. >> greta: ma would be the first question i would ask. if a general says, i think this affect our national security but i'm getting heat to soften the language to presumably show some advantage to lightsquared i would ask who is putting pressure on you and why? those would be the questions i would ask. you didn't ask those? >> he clearly stated it was through the administration. he did not go further who he believe was the source of the pressure other than they were working in concert with lightsquared. >> greta: are you interested in that? >> absolutely. what we did in our subcommittee. our committee is the armed services committee. we have the issue of national security. we've referred this to the house oversight committee. we believe there needs to be a further investigation as to what is happening at th

>> i think what people are saying is that the fcc is following an irregular process. this absolutely effects our national security. the fcc chairman failed to come before our committee and answer the questions as to why this is an issue that's even proceeding. there are serious questions as to what is occurring here. we know general shelton is very concerned about the process moving forward. these are the types of questions and reports circulating that certainly the fcc needs to take into consideration and that they need to answer. why are we in a situation where unambiguous evidence shows this affects our national security and our gps and things appear to be proceeding? >> i'm going try one more time. i agree there are legitimate questions that need to be answered. as you seek to answer them, do you have any evidence before you on this day where you can say, a-ha, the political contributions overruled the other objections of another agency or is that's what you're trying to find out? >> why is the fcc going forward with an irregular process with a system that absolut

price issues, that is a job for the fcc. on the wireline side when at&t merged with bellsouth, there was a commitment in terms of price and terms of wireline build out in the rural southeast united states. the sec part of the deal is to slap conditions on what actually happens to consumers, as opposed to the antitrust issues. >> let's go back and clarify what the promises that at&t has made to cwa regarding jobs. are those in writing? >> these are written commitments they have made that on the call center side, the biggest single place in terms of front-line jobs across america, these are the big locations. there is a t-mobile center in rural maine with 500 jobs. those people are fighting for their jobs right now. the workers were outside yesterday's. at&t is saying no jobs cut in any of the centers, none. stop the of shoring. in addition, they will bring back 5000 by cutting. they will probably cut more than 5000 jobs in asia but there will be a net gain of 5000 jobs in its call centers in the u.s. that is a huge shift in t

why did the fcc do that for you?estions about why the white house stepped in to tell this general to was testifying about his concerns to soften it. that's how this became a national news story. >> correct. megyn: you say there are no concerns -- there is nothing to worry about with the gps, the wireless competitors, the pentagon, this has become a political story why? >> it has become a political battle which is unfortunate. but a couple things i want to correct. in your opening statement you managed i went down to see the president. i never met the president. he apparently acquired some stock back in 2005, 2006, and subsequently sold it. so that's irrelevant to what we are talking about today. i think the important thing to get across is that we were granted authorization of this spectrum to use this spectrum to build out a nationwide wireless network in 2005. under the bush administration. and subsequent to that is when i became involved. i became an investor. the more i got to understand -- the more i understood

in addition to that, the fcc has taken action very recently to try to expand the definition of eligible user even more to governmental entities like transportation agencies and airport districts -- those types of entities that while not strictly public safety, served a fairly strong public safety function. we believe those entities could use it on a daily basis as well. obviously, in an emergency -- in an earthquake or a disaster -- everybody becomes an emergency services worker. when something big hits, obviously, i think any city employee would be eligible to use the system. and we are actually working to expand the definition even more to allow public works -- there are a variety of functions that the city performs that i would consider public safety functions. we are just trying to expand the definition as broadly as possible. on the question of devices -- absolutely. both the arra and the fcc are setting specific standards and requirements for these networks. we are negotiating to make sure we have clear language in our agreement with motorola. motorola has to ensure that any devic

both the arra and the fcc are setting specific standards and requirements for these networks. we are negotiating to make sure we have clear language in our agreement with motorola. motorola has to ensure that any device that is certified is compliant by the fcc or the national standards agency in washington will operate to it's full functionality on the network. we believe that is a key component, to develop a key market for devices and hopefully drive down the price of those devices. do you have my contact information? i love to talk about this. if you have any questions that you would like to follow up, please do so anytime. then he gets very excited about this. thank you. -- >> he gets very excited about this. thank you. we are changing the way we have done disaster councils in the past when we go over reports, and we will provide executive summaries for you and begin looking at trends and the things we're learning. we thought that would be more helpful at that level for the council. i will turn it over to rob, who will give you that kind of overview, our deputy director. >

however, the court -- the second circuit said that the supreme court had issued a decision called fcc versus pacifica foundation which gave the government special latitude when it comes to matters that are broadcast over the public airwaves. now, the second circuit in its opinion suggested that the rationale for the pacifica decision had been eroded over time because of new technology and the like but it didn't ultimately decide and get into that whole question. rather, what it said was the second thing that said that the fcc's prohibition was just unconstitutionally vague. that there wasn't a rhyme or reason between the prohibitions with the fines and the levees. that there wasn't a real difference in the broadcast that got fines and the ones that didn't. the government filed a certry and granted whether or not -- whether or not the fcc indecency policy violates the constitution itself under the first or fifth amendment and that move some have suggested means that the court it wants to look at the rationale for the pacifica decision itself. the broadcasters have not yet filed hir mer

the fcc refused the ceo came on my show and said i'll look into it. the fcc doesn't want to do it.ave a former fcc commissioner a republican guy appointed under bush coming out and saying, i don't know about what is happening here saying -- i want to make sure i have him quoted correctly, he said it's highly unusual to put a timeline on these -- on the remedies that light squared was offering and that's what the administration wanted them to do. they wanted the people to go before congress and say we think all of our objections will be resolved within the 0 days. and this former fcc guy said it would be highly unusual to force somebody to say that. what do you make of it? are they being transparent or not, the fcc in particular. >> no, the emails should be produced. i will tell you right now the line level federal employee, the bureaucrats, the ones who it's their career to serve the public, paid for by the taxpayer, they are under pressure. they have minimum to no protections. they know if they buck their bosses they can be fired. and, yes, some of them still have the courage to s

the fcc required all cell phone manufacturers to become compliant as 2-1 tracking devices and listening devices, so here we are. it is like we are the united soviets states of america. a huge orwellian police state, really. i do not know what we can do about it, president chiu, but i would hope you will do something about it. can you imagine that? reports of the soviet union and how communism took over there. this huge at&t telephone companies working together with the government, and that is why basically we do not have any news media. they are all whole -- hiding the fact. we are coming up to 9/11. it is unbelievable. i just cannot begin. president chiu: thank you very much. are there any other members of the public who wish to speak? seeing none, why do i not invite back the appellant for a revival of up to three minutes? >> thank you. it is three antennas, not one, just so you know, and all three are appointed in the same direction. that is number one. number two, they are still inaccurate in their measure. if you look in front of the octagon, it is the stairway that leads up into t

the scope of title seven ministerial exception for religious institutions, and whether the fcc rule on an expletive is unconstitutionally vague. the challenge to arizonas immigration law, sb-1070. potentially the port busy before the court this term are challenges to california's proposition 8 which bans marriage for same-sex couples, and the university of texas' admissions program which allows for the consideration of race among other factors in admissions decisions. we will have to wait and see whether the court decides to pick up these cases, but in the meantime, our palest will discuss the coming term and will highlight for you the cases and the trends that think he should pay attention to. neil has joined the firm of hogan lovell's as serving -- after serving as solicitor general of the united states. he argued 15 supreme court cases including his successful defense of the constitutionality of the voting rights act. prior to serving there, he was a professor at georgetown university law center where he directed the center on national security and the law and he was one of the augu

the scope of title 7's ministerial exceptions for religious institutions, and whether the fcc's rule regarding fleeting expletives is unconstitutionally vague but perhaps most awaited are the possible grants of certiorari of cases involving the affordable care law and the arizona immigration law s.b.1070 and also potentially before the court this term are challenges to california's proposition 8, which banned marriage for same-sex couples. in the university of texas admissions program which allows for the consideration of race among other factors in admission decisions. but we will have to wait and see whether the court decides to take up the cases. but in the meantime, our panelists will discuss the coming term and we'll highlight for you the cases and the trends they think you should pay attention to. now, i know we had listed tom goldstein as our moderator today but he's been called overseas on business but we are incredibly pleased and honored that neal katyal has agreed to step in to moderate today's discussion. neal, as many of you has joined the firm of hogan lovells after ser

you have to have lobbyists here in washington like lightsquared. >> reporter: the fcc pushed back.rom lightsquared before giving final approval to the company's network. >> the commission will not authorize lightsquared to begin commercial service if its operation would cause harmful interference to gps. >> reporter: we reached out to lightsquared, but they would not comment on the record. but the company has said that its new wireless service would provide 15,000 jobs over 5 years. lightsquared is now hoping as a compromise that it will be allowed to operate in lower fcc spectrum, not adjacent to the gps spectrum. another option would be using some kind of a filter on high-precision gps systems. but the general testified neither of those are suffixes for the military. for the approval process, the white house says that the fcc is an independent agency, that they make their own decisions and they stay out of it. >> what pay story. thanks very much. you'll continue working the story for us. >>> it's been just over a month since he jumped in, talking about the texas governor, rick pe

that is what the former chairman did and the fcc saw through it. there was no merit to their claims. they are trying to fight back right now and try to say that some things are inaccurate in the book and these are the same people who lost their posts because of their dishonest tactics. dishonesty and trickery is not off the table for them but thankfully we have a new leadership and new people involved in the party who amending their bridges. as far as the r o c, the chairman called me the day after the primary. he personally came to delaware and i talk about that in the book. i hope at least with the rnc we still have that good relationship. like i said earlier on fox, and on cnn i extended the olive branch to karl rove to kiss and make up. hopefully we will and we can all get behind whoever is that win the republican nomination and make sure we are talking about the issues at hand and make sure we are holding barack obama accountable. >> this afternoon i had the honor to hear you as i was driving in and it was a great deal on your part to say what

you get commitments with the fcc and justice department.committed in writing, no call centers close. as for stores they committed in writing that the employees. why do we care about the store? we care about the number of employees, it's about the number of customers. just as they've done in all other mergers, the employees kept their job, went to the nearby store and worked there. >> this is what james cole had to say about the impact of jobs. >> through innovation and competition we create jobs, and we look at these kinds of innovations and this kind of industry as where there is competition, where there is innovation, there are more jobs created. the general experience with mergers is that there is what's called efficiencies, which is redundancies when the two companies come together. which usually reduces jobs. >> gigi what about the stability of t-mobile? many people think they weren't going to make it anyway? >> that's not exactly true. and first of all, i need to rebut what larry said about the only two purchases for t-mobile were spr

fcc chairman saying he's not going to testify before a house committee.ave witnesses from the energy company and the satellite company who are clamming up. and the energy companies saying that they are going to plead the fifth. >> sean: bill cunningham, you are also a lawyer. is there going to be any legal culpability potential? any prosecution potential in this case? >> suborning perjury is not when you give testimony knowingly and malicisly. october of which is to massage the truth in this case last week, your good friend bob beckel said on the five, this happens all the time in the white house. they get together the posse, you say this, i say that. that is suborning perjury. there are men and women doing time in federal prison for this kind of stuff. do you think attorney general is going to do it? absolutely not. >> sean: congress? >> darrell issa is doing great work for fast and furious. >> sean: in case you didn't know this. some news today that darrell issa himself launched an investigation into solyndra and lightsquared. >> he has subpoena power.

this is before there was an fcc. the fcc didn't come along, the first part, department come along until 1947, so it was sort of wide open. you could say anything you wanted to say on the radio. so things got heated up 85 years ago in fort worth. and what happened is a friend of the mayor by the name of d.e. chips, a wealthy businessman, took umbrage to that. decided i'm going to go, you know, speak to this preacher and try to get him to stop and defend my friend. and is o he went to -- so he went to see norris on july 17, 1926. basically, you know, they had a heated argument. he said you need to stop preaching these sermons, norris said he was going to keep on doing it. and what happened in those next moments was debated, was analyzed, was testified one way or another. a lot of controversy about what really happened. but the facts are that norris picked a gun from his desk, a rolltop december, a picture of william jennings bryan the pacifist was right there on the desk, and i have a picture of this in the book as wel

they still need the fcc's approval. the chairman said he isn't sure about the deal but if they reject the deal that could throw another major wrench in to the possible merger. as for t mobile customers, loyal ones, they are not out of the woods yet. their parent company, really wants to get out of the united states market so if the deal doesn't go through they may look for other ways to get rid of the company. >> not a merger may sell the company off. elizabeth cook. thank you. >> let's check in with roberta. a big holiday weekend. lot of people getting away. >> we have -- looks clear in san jose. today's high was at 80 degrees, quiet night there as well. tonight will be bottoming out in the mid50s. we will see temperatures also in the mid50s north of the golden gate bridge. low 60s in fremont through union. this is what you need to know as we slide in to the holiday weekend. we have not so much the advisory but a heads up along the coast. tomorrow 63 degrees, waves four to five feet. the rip current risk is high and as

but they still need the fcc's formal approval. the chairman says he has his concerns but if they formally reject the plan that could throw another major wrench into the deal. as for loyal t mobile customers they are not completely out of the woods yet, ken. the parent company deutshe telecom want to get completely out of the u.s. market. so if a deal doesn't go through they may be looking for others way to get rid of t mobile. >> we will see what happens. elizabeth cook, thank you. >>> for the second time in a year, a piece of apple technology the company calls priceless is missing from a drinking establishment. it is the unreleased iphone 5. it appears an employee lost it in a bar at san francisco's mission district and if you remember last year an engineer left a prototype iphone 4 in a redwood city bar. the newest prototype was traced to a home but police didn't find it there. it is believed the phone was sold for $200 on craigslist. >>> facebook is working to outsmart hackers by paying them. the site says in response to consta

as you are aware, the project must be complied with fcc radiofrequency exposure requirements by the department of public health. additionally, please be aware that all structural review of the project occurs during the building permit stage which occurs after a conditional use authorization, department of building inspection will be in charge of all review of structural considerations. all aspects of the project, the department has found a project to be desirable and compatible to the neighborhood and recommends approval. it would appall -- allowed to expand wireless coverage in the area, the project is consistent with guidelines, it is a preferred site for wireless facilities. they [unintelligible] would avoid disruption of integrity to the building as well as the surrounding neighborhood. this concludes my presentation. i will be available for questions. president olague: thank you. project sponsor? >> good afternoon, commissioners, president olague. i am here seeking your approval for a six panel antennas located at 2041 larkin street, also known as church of the fellowship for all. i am jo

of public health has also reviewed the rf report and has found the proposal coincides with current fcc guidelines. the department recommends approval with conditions, for the following reasons. it complies with general planning code policies. it is a location preference, eighth to use location, which is preferred under the guidelines -- a two use location, which is preferred under the guidelines. the antennas will be minimally visible from pedestrian level. and the project will improve the comprehensive wireless telecommunications network in san francisco. this concludes our presentation and i am available for questions. thank you. president olague: project sponsor? >> good afternoon, commissioners. i am with at&t external affairs, representing the san francisco area. i am joined by the people who conducted the radiofrequency reports in your packet. i am here today seeking your approval to pace -- to place this facility. this is a preference two location, as adrian stated. it meets with the necessary and desirable component under section 303 of the planning code. i want to thank adrian

the scope of title seven ministerial exception for religious institutions, and whether the fcc rule on an expletive is unconstitutionally vague. the challenge to arizonas immigration law, sb-1070. potentially the port busy before the court this term are challenges to california's proposition 8 which bans marriage for same-sex couples, and the university of texas' admissions program which allows for the consideration of race among other factors in admissions decisions. we will have to wait and see whether the court decides to pick up these cases, but in the meantime, our palest will discuss the coming term and will highlight for you the cases and the trends that think he should pay attention to. we had listed tom golston as our moderator today, but he has been called overseas on business. we are honored and that neal has agreed to step in and moderate today's discussion. neil has joined the firm of hogan lovell's as serving -- after serving as solicitor general of the united states. he argued 15 supreme court cases including his successful defense of the constitutionality of the voting

-- when exploring health aspects, the question is does the proposal comply with the fcc guidelines? after a short presentation from the project, the board of held it 11-0/ . there were a couple of questions that were out of the purview that i wanted to share with you. supervisor kim would like to have a copy of the department of public health report for this site so she can see what the actual radio frequency levels are after the installation. this is normally done, but not normally provided to the supervisor. the projected levels are conservative, and the actual levels will likely be lower than what was projected. we further explained that the city through the department of public health has the order to comply immediately. second, supervisor campos has specific questions about how the rooftop workers would be informed so they could take the proper steps to ensure they could to work safely in the area. planning staff committed to getting back to both supervisors on these non-see what questqua . that concludes my report, unless your questions. >> commissioner moore. commissioner moo

the fcc is now questioning the merger but keep in mine, at&t will fight hard because it reportedly will owe t-mobile a $6 billion settlement if the deal falls through. >> all right, julie watts, keeping them honest, thank you. >> trying. >>> next animals targeted in one part of the bay area. where several ducks have been shot with blow gun darts. >>> and coming up, we have september sunshine. it's going to turn into september sizzle. the details with your pinpoint forecast as eyewitness news continues on cbs 5. ,,,, [ male announcer ] try sizzler's new value menu! malibu chicken, flame broiled steak, or half dozen jumbo shrimp, plus endless salad bar... starting at just $9.99! at sizzler. near a santa clara apartment complex. property manag >>> someone is shooting ducks with illegal blow gun darts near santa clara apartment complex. property managers say as many as 5 ducks have been hit. you can see this one was shot through the head. one of the ducks died another picked up by the nonprofit group wild rescue for care and treatment. a plan is being created to catch the other duck since t

and the fcc is currently considering making alert systems for overage charges mandatory. >> they would>> they would. >> thank you very much. >> let's turn to sandhya patel for the forecast. and there, this is the last day of summer? >> it s tomorrow. it's going to change by sunday. and there are highs in fairfield 98. by sunday 20 degrees cooler warmest location 78 degrees. and there is is this live picture, it's a beautiful shot. there are clouds and they'll see mer than just a few clouds into friday and saturday isolated showers and thunderstorms may be developing over next couple days. just keep that in mind. from our sutro camera golden gate bridge is buried in marine layer. there is a top of the pourers there is 1811 feet. marine layer a thousand feet deep. it's visible. and there is the coast socked in now. we've been seeing fog hanging around z really temperatures around the coast and bay dropped four to eight degrees. and from 100 yesterday to 98 so far for the high. numbers now looking like this low 60s near the coastline. we stril heat inland. and there is 97 degrees for new

says the fcc should investigate the way facebook collects data about users online activity.e changes facebook unveiled last week allow more personal information to be shared with businesses. facebook says the new changes gives users control over what information is shared. >>> a summit took place in san francisco to kick off domestic awareness month. bay area police authorities and prosecutors were among those attending the summit. opening remarks were given by san francisco da. some people there were trained on variety of topics including the link of domestic violence, stalking and cyberstalking. >>> school officials say today they are investigating a controversy over a response toniesing. teacher steve kukavich in high school recently told students he did not like hearing bless you when someone sneezes. then some would disrupt the class by sneezing and saying bless you over and over. so, he took points over. bless you is a social normal but should not be abused. >>> the u.s. naviy announce today is -- navy announce today is turning over 990 acres of land for free. the base