Rep. Markey (D-Mass.), ranking minority member of House Telecom Subcommittee, wrote to FCC Chmn. Powell Fri. urging him to adjust Commission rules and frequency allocations in effort to promote widespread availability of technologies and services utilizing unlicensed spectrum, thus creating “Spectrum Commons.” WiFi wireless Internet protocol is one of leading technologies to use unlicensed spectrum. “If additional unlicensed frequencies can be put out into the marketplace sooner, entrepreneurs and high-tech companies will be freed up to experiment, innovate, invest, and challenge marketplace incumbents in meeting the wireless needs of consumers,” letter said: “By making such additional frequencies available quickly and without the administrative delay of auctions, it is possible for these new, ‘disruptive’ wireless technologies to assist in rejuvenating a key sector of our economy and to create jobs.” Markey cited FCC’s agreement with NTIA to open 90 MHz of spectrum for advanced wireless services, but said that spectrum was not likely to be available for several years. Clearance of that spectrum will require additional govt. funds, he wrote, and some areas may not be cleared until Dec. 2008. “The real world economic impact of the additional 90 MHz, therefore, will be many years off,” Markey said. Consumers will be forced to continue relying on current wireless licensees to meet the “burgeoning” marketplace demand for wireless networks, including wireless links for broadband access, he said. Unlicensed wireless protocols such as 802.11 have been “bright spot in a telecommunications sector otherwise stuck in the doldrums,” Markey said. He also cited proposed Wireless Technology Investment and Digital Dividends Act (HR- 4641) that includes provisions to make additional unlicensed spectrum available. “Spectrum commons” portion of bill “challenges” FCC and NTIA to develop plan that would establish a 20-MHz band of contiguous frequencies below 2 GHz, as well as between 3 and 500 MHz between 2 GHz and 6 GHz, letter said. Markey described continuous frequency as “a significant swath of the airwaves that would remain open to the public and unlicensed and thus open for entrepreneurial investment and experimentation.” He asked that Powell by Nov. 13 present his plans to make available any additional frequencies for “spectrum commons.”

MARRAKESH, Morocco -- Although they insist telecom issues are technical, not political, Israel and the Palestinian Authority (PA) were unable to avoid politics in negotiations on a resolution calling on ITU to continue helping latter rebuild telecom infrastructure. Both view adoption of resolution as one of key actions taken at Plenipotentiary (Plenipot) Conference here. Not surprisingly, however, each side has different take on decision’s significance. While resolution ultimately won overwhelming support from ITU member states, final version was arrived at only after intense negotiations led by Plenipot Pres. Nasr Hajji, secy. of state to Prime Minister in charge of posts & telecom & information technologies, U.S. and other countries. Fact resolution was adopted without need for vote was important, source said, because issue had come close to derailing other ITU meetings.

Multipoint Distribution Service (MDS) and Instructional TV Fixed Service (ITFS) licensees urged FCC Wireless Bureau Mon. to move away from “broadcast-style approach” to regulating spectrum, saying changes were needed to widely deploy next-generation systems for wireless broadband. Wireless Communications Assn. (WCA), National ITFS Assn. and Catholic TV Network said that with changes, MDS and ITFS systems could provide same type of high-speed wireless broadband service as Wi-Fi but on ubiquitous, rather than hot-spot, basis.

FCC Wireless Bureau postponed auction of license in 1670-1675 MHz band to April 30 from Oct. 30, granting request of ArrayComm for 6-month delay. While ArrayComm had cited need for more time based on downturn in telecom capital markets, FCC public notice said only that postponement was to “provide additional time for bidder preparation and planning.” Auction involves one national 5 MHz license. Earlier this year, FCC approved order implementing service rules for 27 MHz in 7 separate bands that had been reallocated to nongovt. from govt. use, including this 5 MHz at 1.6 GHz. New short-form application filing window will open March 18 and close March 25, with upfront payments due April 11. Mock auction will be held April 25. Itron, which supplies automatic meter reading equipment to utilities, had opposed delay, while Space Data and Telephone & Data Systems asked FCC to provide more time. AeroAstro said in recent comment period it wouldn’t oppose delay.

Itron, which supplies automatic meter reading equipment to utilities, opposed ArrayCom request to FCC to postpone auction of one 5 MHz license in 1670-1675 MHz band. Citing downturn in financial markets that has made it difficult to raise capital for auctions, ArrayCom sought 6-month delay of bidding, until April 30. FCC adopted order earlier this year implementing service rules for 27 MHz in 7 separate bands that had been reallocated to nongovt. from govt. use, including 5 MHz at 1.6 GHz. Itron has nationwide authority to operate wireless meter reading equipment in 1427-1432 MHz on secondary basis and is potential bidder in 1670 MHz auction. Itron contended ArrayCom hadn’t provided Commission with sufficient justification to postpone auction and that delay would defer rollout of new services to public in that band. Itron said that if agency concluded economic conditions supported delay, “it should consider reducing the upfront payment amount and the minimum opening bid, but it should not delay the benefits of new services to the public in order to satisfy the financial needs of one particular company.” Itron said there was no guarantee telecom financial markets would turn around in 6 months. Itron also rejected ArrayCom’s making comparison to decision to postpone bulk of 700 MHz auctions, which were to have started June 19 until Congress indefinitely delayed bidding for all but smaller licenses in lower band. Itron said: “Congress delayed the auction of the bulk of the 700 MHz spectrum not because potential bidders were facing difficulties in raising money for the auctions, but because the telecommunications policy and spectrum management principles regarding this particular portion of the spectrum were unsettled.” FCC last week revised schedule for auction, for which short-form applications had been due Sept. 25. New date for those filings is Oct. 1, with upfront payments due Oct. 15, mock auction Oct. 25, with auction beginning Oct. 30.

Group of radar detector manufacturers plan to focus on compliance with timeline laid out in FCC order that required those devices to meet Part 15 limits on emissions in 11.7- 12.2 GHz band to prevent VSAT interference. Industry coalition Radar Assn. Defending Airwave Rights (RADAR) had withdrawn July 26 petition for partial reconsideration and FCC Office of Engineering & Technology dismissed it without comment this week (CD Sept 17 p5). “We still think that the FCC’s schedule is unnecessary, unworkable and unprecedented, but on the principle that life is short, we will drop our opposition to the schedule and devote our efforts to attempts to comply,” RADAR attorney Mitchell Lazarus said. Group of 6 radar detector manufacturers hadn’t challenged technical rules but did so on compliance timeline. FCC recently provided 30 additional days for retail compliance until Oct. 27.

Without elaboration, FCC’s Office of Engineering & Technology turned down July 26 petition for partial reconsideration filed by radar detector industry. Group of 6 radar detector manufacturers challenged part of Commission decision that required those devices to meet Part 15 limits on emissions in 11.7-12.2 GHz band to prevent VSAT interference that units had been causing (CD July 22 p1). While manufacturers didn’t challenge Part 15 limits, they sought more time for implementation. Order had required that radar detectors made in U.S. or imported into country comply with new technical rules within 30 days of Federal Register publication and that radar detectors marketed in U.S., including units sold at retail, start compliance within 60 days of publication. Industry group Radar Assn. Defending Airwave Rights (RADAR) wanted FCC to require compliance by Dec. 31 and allow distribution pipeline to empty at its own pace or to compel retail compliance by July 1. In recent response to stay request by RADAR, which covered same points as petition for partial reconsideration, Commission granted limited relief, providing 30 more days for retail compliance, until Oct. 27.

Despite hype, wireless LAN (Wi-Fi) industry still is in its infancy, and that has been reflected in lack of defined presence in Washington. However, as FCC examines use of unlicensed spectrum such as 2.4 GHz band used by Wi-Fi’s 802.11b standard and 5 MHz band used by 802.11a, several organizations are emerging to represent Wi-Fi’s interests at agency. Wi-Fi has multiple industry sectors participating in its growth, and separate paths appear to have been chosen by Wi-Fi hardware manufacturers and commercial access point, or hot spot, operators. Some believe uncertainty shown in those nascent lobbying efforts reflects disparity in predictions on how fast Wi-Fi is to grow and to what extent industry will become profitable.

RadioShack petitioned FCC to reconsider order that granted radar industry partial relief on marketing deadline for radar detectors that didn’t comply with new rules to prevent VSAT interference (CD Sept 5 p11). Commission provided radar industry 30 more days to market devices that meet Part 15 limits on emissions in 11.7-12.2 GHz but turned down request for more time to make and sell compliant devices. FCC also had rejected separate RadioShack request to allow detectors that didn’t meet new emissions limits to be marketed for 6 months beyond original Sept. 27 deadline. “An extension of the marketing deadline through January of 2003 for RadioShack presents no additional harm to the satellite industry or to the public interest purpose of the Commission’s rule and will avoid needless harm to RadioShack,” company said in Sept. 10 petition. Earlier this month, FCC’s Office of Engineering & Technology turned down emergency waiver petition by RadioShack on marketing deadline. In latest filing, RadioShack said it had “special circumstances” as private-label retailer and faced timing problems linked to its 6-month distribution cycle and FCC’s tighter compliance timeline. Retailer outlined steps it took in anticipation of new rules to mitigate satellite interference. But it reiterated arguments that without additional time, it would have to deplete its inventory at loss to meet new rules. “RadioShack will likely be forced to increase these sales and is considering all other options for depleting any remaining inventory remaining near the end of October because it is significantly more cost-effective to deplete inventory in the marketplace than it is to retrieve and destroy inventory,” filing said. “In total, RadioShack anticipates losses of several million dollars.”

As expected, Sen. Landrieu (D-La.) introduced legislation Tues. that would order FCC to grant licenses in 12.2-12.7 GHz range on basis of merit, not licenses (CD Sept 6 p11). Bill, Emergency Communications & Competition Act (ECCA) (S-2922), apparently is designed to aid Northpoint, which seeks to share spectrum with DBS service providers in that range of spectrum. In Senate floor speech, Landrieu said bill was essential to ensure rapid deployment of Multichannel Video Distribution & Data Service (MVDDS), which will provide competition for both cable and broadband services. It has several notable co-sponsors, including Senate Minority Leader Lott (R-Miss.), Senate Commerce Communications Subcommittee ranking Republican Burns (Mont.), Senate Judiciary Committee Chmn. Leahy (D-Vt.), Senate Small Business Committee Chmn. Kerry (D-Mass.). Other co-sponsors are Sens. Baucus (D-Mont.), Dodd (D-Conn.), Mikulski (D- Md.), Gregg (R-N.H.). Bill was sent to Senate Commerce Committee, of which Landrieu isn’t member. She said FCC decision to subject MVDDS providers, and not satellite companies, to auction process was “discriminatory tax on an innovative new technology.” She also said auction process was producing effects opposite of original intention. “In this case, industry incumbents can use the auction to block the introduction of new competition.” Under ECCA, applicants that can demonstrate through independent testing that technology won’t cause harmful interference to DBS operators would be granted licenses. Bill also would require services to build out systems within 5 years, not 10 now required by FCC. Parties that apply for licenses under that provision would have to assume specific public interest obligations, including full must-carry of local television stations, Landrieu said. Also, 4% of system capacity must be set aside for other purposes, such as telemedicine and distance learning. ECCA would require MVDDS licensees to air Emergency Alert System warnings, Landrieu said, which often aren’t seen by DBS viewers. Licensees would have to make transmission systems available to national security and emergency preparedness personnel in national emergency, she said. Landrieu said Consumers Union supported legislation since it would foster competition with cable, which she said had raised rates 45% since it was deregulated in 1996. “MVDDS can go head-to-head with incumbent cable systems everywhere, and I believe that this good old-fashioned competition will result in lower prices and better service for consumers -- even those who don’t choose to subscribe to MVDDS,” Landrieu said. Legislation also has been endorsed by National Grange, farm and rural public interest organization, she said. Burns said bill would give rural TV viewers in Mont. opportunity to get local TV stations, where DBS providers don’t offer local TV to residents.