Bill to create more unlicensed spectrum for broadband was introduced Tues. by Sens. Boxer (D-Cal.) and Allen (R- Va.), as expected (CD Jan 15 p1). S-159 largely reflects bill they introduced late in 107th Congress, calling for 255 MHz of additional unlicensed spectrum. However, Boxer said that to address concerns of cellular community, spectrum would be limited to the 5 GHz band. Previous bill called for allocation below 6 GHz, which concerned cellular operators below 3 GHz. Allen said 5 GHz designation would “harmonize wireless devices in the United States with the international allocation in countries like Japan, Brazil, Canada and Europe,” adding that band had favorable propagation. Band limitation is significant in that Boxer and Allen both said one aim of bill was to promote Wi-Fi, but what most people consider Wi-Fi, 802.11b, operates at 2.4 GHz. Faster wireless LAN service, 802.11a, operates at 5 GHz but is used primarily by businesses. Boxer said bill also was modified to limit any FCC rules to “ensure robust and efficient use of the spectrum for broadband delivery services.” Both Boxer and Allen touted wireless Internet as way to speed broadband rollout, with Boxer saying that in rural areas, “wireless technologies have the potential to allow communities to use signal repeaters to bring Internet connections to places where wires do not reach, or where the signal over the wire is too weak.” But Allen said Wi-Fi “is only the beginning and this legislation will create an environment where cognitive radios and dynamic frequency selection of technologies can grow and innovate to offer services unimaginable today.” Bill would give NTIA 180 days to consult with agencies such as Dept. of Defense on interference standards, and FCC would have 360 days to adopt “minimal technical and device rules” for unlicensed spectrum. It was referred to Senate Commerce Committee.

FCC should rescind modified experimental license granted to MDS America (MDSA) because requirements of license infringe on Northpoint patent, latter said in Dec. 18 application for review. Patent protects company’s idea to re-use terrestrial spectrum by transmitting signal toward back of satellite receivers in same frequency, Northpoint said. It had asked FCC to authorize it to use patented technology in satellite spectrum. FCC rejected idea and adopted rules that included auctions for multichannel video distribution & data services (MVDDS) in 12 GHz band (CD April 24 p1). Authorization of MDSA to use Northpoint technology to conduct experiments “expressly requires infringement as a condition of an FCC license,” company said. Northpoint said it didn’t want to be sole provider of terrestrial broadcast services in band, but authorizations should be awarded only if companies were “ingenious enough to [provide services] without infringing Northpoint’s patent rights in the process.” Company also said MDSA’s proposed experiments pose threats of harmful interference to existing DBS operations in experimental area. Northpoint said power limits imposed on future MDSA experiments still exceeded limits previously imposed on MVDDS operators by Commission. “Approximately 40,000 persons [will be] at risk of harmful interference and more than 7,000 at risk of losing their DBS signal entirely” under modified license, Northpoint said. Company also cited experiments that it said “revealed methodological errors and unexplained anomalies in the test data.” MDSA hasn’t explained how it will fix existing problems or how new experiments with increased potential for interference will provide “meaningful” data, Northpoint said. FCC recently rescheduled auction of MVDDS licenses to Aug. 6. Staffer said auctions were rescheduled to allow Commission time to clear up “outstanding issues on reconsideration that needed to be resolved.”

Regulations ranging from Telecom Act competition rules to auction bidding processes were cited by White House Thurs. as potential impediments to economic growth. In Office of Management and Budget (OMB) annual report to Congress on “costs and benefits of regulations,” independent agencies such as FCC for first time were included.

If FCC were to adopt “interference temperature” standard for measuring spectrum interference at device level, newly emerging technologies could be accommodated quickly without threatening incumbents, FCC official said Tues. Bryan Tramont, FCC Chmn. Powell’s senior legal adviser, in a Communications Daily audio conference Tues. said Nov. report from FCC’s Spectrum Policy Task Force, while staff-written, “largely reflects the chairman’s views.”

In panel discussion Thurs. that bordered on acrimony, representatives of SBC and WorldCom painted very different pictures of state of competitive access to unbundled network elements (UNEs). During Wireline Telephony panel at annual FCBA-Practising Law Institute conference, WorldCom Vp Donna Sorgi started debate by saying UNE platform was only viable entry vehicle for CLECs, so she was “chagrined” that FCC could consider eliminating it. She said she couldn’t believe “a Republican Commission” could consider such “radical action,” which she likened to “industrial policy.”

FCC opened inquiry Wed. into making additional spectrum available for unlicensed devices, including TV broadcast spectrum. Office of Engineering & Technology Chief Edmond Thomas cited Wi-Fi as example of kinds of technology that used cognitive, frequency-agile radios to share such spectrum with incumbents. FCC Chmn. Powell stressed item would balance how to use existing spectrum efficiently while not interfering with incumbents. Comr. Martin voiced concerns about unlicensed applications in current broadcast spectrum, particularly because inquiry comes during DTV transition.

Group of fiber-to-the-home (FTTH) business leaders told Capitol Hill audience Thurs. that Wi-Fi wireless broadband hadn’t been useful last-mile solution for broadband deployment. At FTTH Council panel in Hart Senate Office Building, experts who have deployed fiber and support it as solution said Wi-Fi worked well within home, but it wasn’t seen as viable for last-mile use. Their opinions came after Sens. Allen (R-Va.) and Boxer (D-Cal.) proffered draft legislation, along with letter to colleagues, that would allocate more spectrum for unlicensed usages such as Wi-Fi (CD Nov 21 p3).

Two senators are promoting use of Wi-Fi wireless broadband as alternative to cable-DSL debate that has resulted in impasse in Congress. Sens. Allen (R-Va.) and Boxer (D-Cal.) are circulating “Dear Colleague” letter that encouraged more unlicensed spectrum be devoted to broadband.

Federal Aviation Administration (FAA) began testing ultra-wideband (UWB) devices last week in effort to make initial assessment by year-end on potential impact of new technology on avionics systems. FAA, along with Depts. of Transportation, Defense and NASA, is among agencies that expressed concerns about potential interference of UWB in safety-of-life frequencies. “We do anticipate that there will be some problems based on what we know about UWB types of devices,” FAA Program Mgr. George Sakai said: “To what degree, we don’t know. This is why we needed to do some actual testing.”

With Sen. McCain (R-Ariz.) poised to take reins of Senate Commerce Committee, industry observers are expecting deregulatory agenda. Leadership change also appears to give FCC Chmn. Powell powerful ally on Capitol Hill. Broadcasters may have biggest interest in McCain’s agenda, especially as some observers believe he will use position to push for free air time for political candidates, 2nd phase of his campaign finance reform agenda. Media ownership also will be prominent and digital TV issues probably will receive more attention, we're told.