The FCC Wed. approved a Second Report and Order and Second Memorandum Opinion and Order on ultra wideband. FCC said the order will promote the introduction of a new group of unlicensed wideband devices in the 6-GHz, 17-GHz and 24-GHz bands. UWB remains controversial. The order, which changed UWB rules, wasn’t immediately available Wed. “This is an example of where we have a promising new technology and we need to make some refinements to it,” Comr. Abernathy said. “We've done that. We're going to provide for greater flexibility… We will continue to continue to look at, be concerned about and make sure that there isn’t interference between the ultra wideband providers and the licensed service providers.” Comr. Copps said: “Everyone of these wideband items is difficult and technically challenging. I think we've made the right cuts here.”

The give and take between fixed-wireless carriers and the satellite industry continued Wed. as an order on earth stations on board vessels (ESVs) made the FCC’s Sunshine notice, cutting off further lobbying at the FCC. On Tues., the Fixed Wireless Communications Coalition (FWCC) insisted that ESV officials have been unwilling to cooperate on investigations of potential interference (CD Dec 8 p1). FWCC referred specifically to an incident in Newport News. Va., which FWCC describes in some detail in a 2002 filing. Though the example is 2 1/2 years old, FWCC said “nothing has changed.” On Wed., ESV operator MTN denied the accusation to the FCC. MTN said it has “never been directly contacted by the FWCC” to request information about a potential case of interference in the 6 GHz band: “FWCC did indeed place a case of potential interference in the record of the Notice of Inquiry stage of this proceeding -- without ever bringing the matter directly to the attention of MTN. Nonetheless, MTN investigated the allegation and responded with a comprehensive analysis proving FWCC’s allegation of ESV interference to be without merit or foundation.”

NextWave disclosed in a filing with the U.S. Bankruptcy Court, White Plains, that it plans to reemerge as a going concern after all, after buying ITFS spectrum from the Archdiocese of N.Y. A reorganization plan filed with the court Tues. says that after selling its remaining PCS spectrum to Verizon Wireless for $3 billion and paying its debts in full, the new NextWave will reemerge with $265 million in hand and the intention of becoming a broadband provider.

Nextel’s decision on whether to accept the terms of the FCC’s 800 MHz rebanding order probably will slip a month or more beyond the company’s previously stated year- end target date -- CEO Timothy Donahue told us Mon.

Some key wireless industry players weighed in at the FCC on a public notice seeking comment on Nextel’s ex parte presentations on the 800 MHz rebanding. One of the most noteworthy developments was what they didn’t say: Nearly all avoided the issue of whether the FCC should change the costs of 1.9 GHz spectrum Nextel would receive through the order. They focused instead on assorted technical issues.

The FCC’s decision giving Nextel 1.9 GHz spectrum as part of the 800 MHz rebanding doesn’t violate federal law against private sale of public resources, the GAO found. Verizon dropped its legal objections to the rebanding order last week, and the GAO action was one remaining area of uncertainty (CD Nov 3 p1).

Nextel and Verizon Wireless Tues. called a truce ending their fight over the FCC’s 800 MHz rebanding order. Under an agreement, Verizon won’t oppose the plan, which will give Nextel 10 MHz of 1.9 GHz spectrum nationwide. In return, Nextel dropped a lawsuit against Verizon challenging its use of the term “push to talk,” “PTT” and all related terms. Nextel said it wouldn’t pursue trademark or other claims.

The FCC is likely only days away from a public notice (PN) seeking comments from the industry on issues that have been raised by Nextel as part of the 800 MHz rebanding order. The wireless advisors received the PN Tues. afternoon. A Commission source said release was “imminent.”

Nextel CEO Timothy Donahue said his company could survive without the 1.9 GHz spectrum it’s to receive through the 800 MHz rebanding plan, if it rejects the plan. Donahue, who spoke Thurs. with reporters at some length for the first time since the order was approved by the FCC in July, also expressed confidence that the company’s concerns can be addressed through an erratum in coming weeks.

Motorola is making the case on Capitol Hill that after the DTV transition 30 MHz more 700 MHz spectrum should be approved for public safety, for streaming video and other more “robust” applications that wouldn’t be supported by the 24 MHz currently destined for public safety. The Motorola proposal, which will be discussed during a presentation today (Thurs.) on the Hill, asks for 3 times the 10 MHz of additional spectrum sought by the Spectrum Coalition for Public Safety.