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.

Motorola urged FCC in recent White Paper to “proceed with caution” on potential rule changes that would accommodate ad hoc wireless networks until more research was finalized. Those ad hoc networks are self-organizing multihop wireless networks that don’t rely on infrastructure such as base stations but involve system in which all covered devices have packet-forwarding capabilities. Recent research said cooperative ad hoc wireless relay networks could support virtually any number of users in certain cases. “Motorola believes that the practically achievable capacity of these cooperative networks is not yet known,” company said in filing to FCC’s Spectrum Policy Task Force. Potential promise of ad hoc wireless networks was among issues raised in recent series of workshops held by task force. Motorola told FCC it wasn’t clear that cooperative ad hoc wireless relay systems must be rolled out in unlicensed spectrum. Company suggested they might be able to achieve their best performance “within licensed spectrum where all users are able to cooperate.” Motorola said such network might better fulfill potential “if it is carefully engineered and not degraded by currently unpredictable interferers.” Motorola also told FCC it: (1) Supported pending Wireless Ethernet Compatibility Alliance (WECA) petition for additional unlicensed spectrum at 5470-5725 MHz. (2) Backed designating bands above 10 GHz for future allocations of unlicensed spectrum beyond what WECA was seeking “due to reduction of interference between systems and the availability of large bandwidths.” Because future wide-area mobile systems need spectrum below 6 GHz, they should be given preference for those bands over other unlicensed systems that can use spectrum elsewhere, Motorola said. (3) Recommended framework for future unlicensed spectrum policy that would provide “equitable access” to and use of spectrum “without disadvantage to particular uses in congested environments.” Motorola said underlying unlicensed transmitters on spectrum used by licensed services was problem, particularly for uses such as public safety. (4) Suggested FCC take steps to designate band for development of new systems. Motorola said existing system for experimental licensing and spectrum was working well but it might be appropriate to take additional steps, such as designating small spectrum block between 2-4 GHz, “for advance development of wide area mobile systems.” Company also proposed stepping up cycle time for granting access to govt. spectrum to test equipment that would be exported, “including providing the Commission with the ability to analyze the impact of interference to government spectrum.” Setting aside band segment for systems development could allow U.S. companies to be more globally competitive in that area, Motorola said. In making more licensed spectrum below 3.7 GHz available for commercial mobile systems, White Paper asked FCC to consider future wide area mobile system using 20 MHz bandwidth and carrier frequency of 3.7 GHz.

Several satellite companies recommended Thurs. that draft U.S. proposal for World Radio Conference (WRC) 2003 on studies on future 3G development explicitly exclude fixed satellite service (FSS) bands above 3 GHz. Draft U.S. proposal that already has passed working group of FCC WRC Advisory Committee would invite ITU to further study and draft recommendations on technical and operational issues related to future development of systems beyond IMT-2000. At meeting of FCC WRC Advisory Committee (WAC), some satellite representatives voiced concern that ITU consideration of future versions of 3G not eye their spectrum. Mobile wireless interests stressed that WRC policy formation still was in early stages and that U.S. position should be relatively open ended. Donna Bethea of PanAmSat said part of draft that noted that WRC 2000 review of 3G spectrum requirements focused on bands below 3 GHz left “confusion.” She suggested language be clarified to specify that because studies in that area had dealt with bands below 3 GHz, future ITU consideration for further IMT-2000 development should focus on bands below that point. Another possibility would be to spell out that further IMT-2000 development exclude FSS from consideration, she said. Washington attorney Benjamin Griffin said U.S. video industry shared similar concerns as “a heavy, heavy user of FSS services.” He said many of his clients had agreements running as far out as 20 years to distribute major TV networks throughout world on FSS networks. Don Jansky, chmn. of WAC working group on 5 GHz and maritime issues, said he had heard similar concerns expressed throughout WRC planning process on FSS bands above 3 GHz. But Cecily Cohen, Nokia mgr.-govt. & industry affairs, said limiting mobile terrestrial operators to spectrum below 3 GHz for future advanced uses would be “a mistake.” She said she would recommend that ITU studies on future iterations of IMT-2000 not exclude FSS bands. Steve Sharkey, Motorola dir.-spectrum and standards strategies, also said it would be “premature” to identify now bands that should be taken out of consideration for those studies. He said Motorola recently submitted paper to FCC’s Spectrum Policy Task Force saying it was appropriate to examine spectrum below 6 GHz for additional mobile allocations, with preference for bands below 3 GHz. “I think it is appropriate to leave this open to some extent on the studies that are done in the band,” he said. WAC participants agreed to send draft proposal back to Informal Working Group 1 to look at issue further, along with other industry participants that might be affected.