Echoing legal concerns raised by FCC Chmn. Powell over 700 MHz auction earlier in week, FCC Comr. Abernathy said Fri. that “absent a statutory change, I believe it is responsible for the FCC to move forward with the auction of this band before the end of the year.” Speaking to reporters after speech at World Computer & Internet Law Congress in Washington, Abernathy didn’t rule out “very brief” temporary delay to give Congress time to weigh in on statutory deadline of Sept. 30, 2002, for lower portion of the band. “It’s a very difficult situation,” she said. “The question for us is how do you explain not following a statutory mandate.”

Office of Management & Budget’s Office of Information & Regulatory Affairs (OIRA) said it would intensify reviews of regulatory costs and benefits and would continue to develop “transparent and open approach to regulatory oversight” to “demystify” process. It said late last week in draft of its annual report to Congress that in assessing federal department and independent agency rulemakings, it found FTC and FCC contrasted sharply in degree to which they provided financial impact data. Basing conclusion primarily on General Accounting Office reports, OMB said FTC “consistently considered benefits and costs in their rulemaking processes while [FCC] did not prepare benefit-cost analyses.”

Ground-penetrating radar (GPR) manufacturers and service providers are raising concerns about FCC’s recently approved ultra-wideband (UWB) order, contending power limits in pending rules could eliminate many GPR uses. Final text of UWB order, adopted at Feb. 14 meeting, hasn’t been released. Order paves way for imaging systems, vehicular radar systems and communications and measurement technologies that use UWB to be deployed under certain power limits and in particular bands. Imaging systems covered include GPR, which must limit intentional emissions to below 960 MHz or between 3.1 and 10.6 GHz. FCC summary of order said GPR operation was to be restricted to law enforcement, fire and rescue organizations, scientific research institutions, commercial mining and construction companies. Letter circulated in GPR industry last week by Arlington, Mass.-based Infrasense Pres. Kenneth Maser and Waltham, Mass.-based Radar Solutions International Pres. Doria Kutrubes contended FCC rules would “severely limit and in many cases eliminate the use of ground penetrating radar.” Reflecting concerns of Mass. companies that use GPR technology, Senate Small Business Committee Chmn. Kerry (D-Mass.) also has written to FCC Chmn. Powell, lauding FCC’s intention to revisit UWB restrictions in next 6-12 months. But Kerry said he was “afraid that the immediate impact on these small business will be severe.”

Northpoint “has the money,” to launch satellites and its latest filing at FCC (CD March 22 p3) wasn’t ruse to push licensing process further without auction as some rivals have suggested privately, CEO Sophia Collier said Fri. FCC doesn’t use financial considerations in licensing applicants, Northpoint filing said, just milestones. Under Commission rules, Northpoint is under no obligation to disclose financial agreements before license is approved, filing said. It believes new business model puts it in better position to compete against EchoStar and DirecTV. Ironically, latest Northpoint decision may help EchoStar acquisition of DirecTV because revamped business model could give Hill leaders viable competitor they're seeking to preserve competition, particularly in rural areas, industry officials said. Northpoint also said in application that, as company providing global service, it was exempt from spectrum auction. Industry source disagreed: “They are still a terrestrial company trying to use satellite spectrum.”

House Commerce Committee Chmn. Tauzin (R-La.) has concerns about process leading up to ultra-wideband (UWB) order approved by FCC last month (CD Feb 15 p3), aide told conference at Va. Center for Innovative Technology (CIT) Wed. After panel discussions in which several industry and govt. officials referred to order as having “ultra-conservative” interference protections, House Commerce Committee Senior Counsel Howard Waltzman said: “That’s an understatement.” CIT conference touched on concerns raised by federal agencies such as Defense Dept. and FAA over potential for UWB devices to interfere with GPS and other critical safety-of-life systems, issue that was major point of contention among stakeholders in UWB proceeding. Of UWB’s potential to put intentional emissions in protected govt. bands, Waltzman said that “issue has been described in terms of being ‘religious’… The problem with that is there is a certain thing called separation of church and state, and government agencies are supposed to be agnostic.” Waltzman also questioned whether emission mask adopted by FCC for UWB devices was based on sound science. “There are a couple of things about the whole proceeding that really concern us,” he said.

FCC could have notice of proposed rulemaking out for comment as soon as early March soliciting feedback on how to address interference issues at 800 MHz. Industrial Telecommunications Assn. Pres. Laura Smith said expectation now was that NPRM would address broader set of issues than those raised in Nextel White Paper given to FCC in Nov. Nextel submitted proposed plan on dealing with interference concerns of public safety licensees at 800 MHz by realigning frequencies at 700, 800 and 900 MHz and 2.1 GHz. Proposal would entail commercial wireless operators’ providing public safety community with up to $500 million for costs of retuning. “It’s a great proposal if you're public safety and you're Nextel, but if you're anybody else you end up getting hurt,” Smith said at media lunch Tues. “There are better alternatives out there. There is a problem out there, we agree.” While there isn’t disagreement about interference, both public safety and private wireless operators are experiencing it, she said. Although Nextel isn’t transgressing FCC rules, interference still has been problem in bands such as 800 MHz because technologies there don’t co- exist well together, Smith said. Private land mobile industry, including ITA, has been working on alternative proposal, which will be released during public comment period for NPRM, she said. Besides Nextel White Paper, National Assn. of Manufacturers (NAM) has submitted proposal on possibilities for rebanding, without relocating users such as private wireless systems. Smith said that besides citing those proposals, she would like NPRM to describe interference problems and seek broader range of solutions. Resolution of interference problems will take years, “because you are talking about reconfiguring an entire band,” Smith said. “There are thousands of licensees in there.” In other areas, NPRM released earlier this month that set out service rules for 27 MHz being transferred from govt. to nongovt. services was somewhat disappointing for private wireless, Smith said. “It doesn’t look like it’s going to be as helpful as we wanted it to be originally,” she said. FCC had 1999 policy statement that indicated agency would provide 10 MHz to land mobile communications service as part of this proceeding, Smith said. Instead, under proposal, land mobile communications will get potential 6 MHz, which has to be auctioned for fixed and mobile services, she said. “Depending on how they open up that auction, we could get nothing,” she said. “If they open it up to all the commercial providers, then this industry will be unable to compete against the larger providers.” Land mobile industry also has access to 2 MHz at 1390-1392 MHz, but that’s open to large range of providers, she said. “We kind of were hoping for a land mobile communication service allocation, which we didn’t really get.”

With officials acknowledging negotiations on ultra- wideband (UWB) had been contentious at times, FCC Thurs. approved order to allow technology to move forward -- for now -- at very conservative power limits. At agenda meeting, Commission approved order that would let UWB communications devices to operate at 3.1-10.6 GHz, with out-of-band emissions limits set for below 3.1 GHz. Cut-off point for what is considered in-band UWB emissions is lower than 6.1 GHz threshold that Dept. of Transportation had sought and 4.1 GHz level that Defense Dept. had been backing. DoT declined to comment on FCC action, although spokesman confirmed that Transportation Secy. Norman Mineta had sent letter to National Security Adviser Condoleeza Rice on issue Mon. Pentagon said “strict technical limits below 3.1 GHz” would continue to protect military systems, including GPS. Meanwhile, NTIA Deputy Asst. Secy. Michael Gallagher told us that final decision represented policy victory, although transparency concerns raised during proceeding would be among issues examined in upcoming NTIA spectrum summit.

In last-ditch effort to block pending FCC action on ultra-wideband (UWB), Air Transport Assn. of America (ATA) warned Commission decision would “have critical safety implications” for U.S. air travelers. FCC is to vote today (Thurs.) on UWB item at its agenda meeting. In strongly- worded news release, ATA said FCC was “poised to issue a ruling that could authorize the use of UWB devices that interfere with GPS transmissions that provide for critical safety-of-life functions.” ATA said UWB technology proponents hadn’t had to “demonstrate its safety” but airlines and aviation system users have had to prove it was unsafe. “Every other federal government agency is working diligently to enhance aviation safety and security in the aftermath of Sept. 11,” ATA Pres. Carol Hallett said: “Yet the FCC seems to be heading in the opposite direction.” Solution is for FCC to allow UWB devices to operate above 6 GHz and “avoid restricted safety-of-life aviation frequencies,” she said. No level of interference is acceptable for aviation, Hallett said. ATA cited Jan. 16 letter from Transportation Secy. Norman Mineta in response to Hallett letter sent in Nov. “We agree with you that interference is unacceptable for aviation and that adequate protections must be in place to assure the safety of the public,” Mineta wrote. “We recognize that the implementation of UWB presents some unique challenges that we continue to address.” On Feb. 7, ATA had written to FCC Chmn. Powell, reiterating recommendation that UWB devices be barred from operating between 1 and 6 GHz.

FCC granted 6 appellations to Iridium for transfer of licenses from Motorola to operate satellite telephone system. Commission also granted ancillary application for permission to assign license for unbuilt 2 GHz Mobile Satellite Service system and dismissed petition for reconsideration of order granting permission for pro forma assignment of Iridium handset license. FCC also approved petition from Iridium Carrier Services despite indirect foreign ownership of 25%.

As FCC gears up for Thurs. vote on ultra-wideband (UWB),several lawmakers urged Commission to not let date slip again on item. Agency had deferred vote at Dec. agenda meeting in response to letter from Commerce Secy. Donald Evans seeking more time to evaluate safety-of-life and other issues. Among apparent concerns of some on Capitol Hill and in private sector is lack of transparency in parts of negotiating process between NTIA and FCC. Because of high stakes nature of UWB proceeding, several industry observers said it had brought to forefront natural tension between FCC’s regulatory role over commercial spectrum and NTIA’s purview over govt. bands.