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.

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.”