BOSTON -- Attendees at Wireless Communications Assn. (WCA) show here Tues. urged FCC to update operational and technical rules for MMDS and ITFS licensees to reflect use of band that once was home to one-way video services but now is eyeing how to compete better against cable and DSL in broadband arena. “One fairly common theme I've heard from the various constituencies involved in this band is that current rules are in need of fixing, [although] they may have been a good first step at the time they were done,” FCC Wireless Bureau Chief Thomas Sugrue said. He and other officials in bureau that recently inherited all MMDS policy in FCC reorganization urged industry to provide proposal on rule changes by Sept. “I would urge you not to let it slip much beyond that, we are anxious to get going,” he said. Industry is crafting proposal that would provide rules in band that more closely resembled those for PCS, which offers flexibility for wide range of uses. Related issue raised repeatedly was how to address interleaved nature of ITFS spectrum, with several industry representatives calling for more flexibility.

Following what wireless industry called “Herculean effort” in Congress that passed legislation delaying 700 MHz auctions, FCC followed suit Wed. by postponing bidding and planning for much smaller auction this summer, as directed by Congress. After whirlwind of Senate and House votes derailed timing of lower 700 MHz auction late Tues., attention on Hill and industry turned to larger spectrum issues that new law buys extra time for policymakers to address, including proposed spectrum relocation fund, 3G viability assessment, 800 MHz reconfiguration proposals. Rep. Pickering (R-Miss.) told reporters Wed. that moving bill that would create trust fund to reimburse federal agencies that had to relocate from bands auctioned to commercial users was “achievable priority” this year. Industry sources said they also expected release shortly of viability assessment from Administration that could free up close to 90 MHz, rather than 120 MHz that industry had sought, for 3G services, with trade-off being that bands would carry assurances of being usable in relatively short term.

FCC received more than dozen petitions for reconsideration of its March ultra-wideband (UWB) order, seeking review on wide array of issues, ranging from power limits to transparency of device testing that Commission had planned over next year. Petitions reflected similar split of views that had made original proceeding controversial, including filings from numerous UWB developers that cited types of devices that couldn’t be deployed under certain provisions they argued were more restrictive than needed to protect against interference. Among companies that urged FCC to tighten certain power limits and not add flexibility to others were Sprint, Cingular Wireless, XM Radio, Sirius Satellite Radio, Satellite Industry Assn., Air Transport Assn., Qualcomm. They cited continuing interference concerns, characterizing limits of final order as insufficiently protective for systems such as GPS, PCS wireless systems, satellite radio.

Radar detector industry has “completely solved the problem” of interference to VSATs, and recent complaints to FCC are nothing more than “quibbling in the band,” said Radio Assn. Defending Airwave Rights (RADAR) attorney Mitchell Lazarus. RADAR represents radar detector manufacturers. Led by VSAT operators Microspace and Hughes Network Systems, satellite operators said radar detectors were causing interference and urged Commission to adopt rules to limit emissions (CD June 10 p1). Lazarus and RADAR officials in ex parte filing with FCC Mon. outlined concerns with satellite industry’s effort to regulate radar detectors.

Broadcasters again asked FCC to delay Sept. 6 deadline for mandatory negotiation period for 2 GHz band relocation (CD Dec 4 p8, July 6/00 p3). In letter to FCC Chmn. Powell, NAB and MSTV said mobile satellite service (MSS) operators had engaged in “no substantive relocation negotiations,” despite approach of deadline. They said FCC was seeking comments on proposals for MSS to use spectrum for terrestrial services or to reallocate spectrum to other wireless services: “If the use for this spectrum does change -- as all interested parties seem to agree it should -- then the relocation plan to facilitate the original MSS allocation must be changed as well.” Broadcasters said relocation was squeezing broadcasters’ ability to use frequencies to relay news reports from remote sites, such as disaster scenes. NAB and MSTV cited recent meeting of FCC’s Media Security & Reliability Council, which it said emphasized importance of media in keeping public informed in times of crisis: “Without the ability to transmit pictures and sound from news events, the immediacy and vibrancy of news coverage would suffer greatly.”

House Commerce Chmn. Tauzin (R-La.) was critical of FCC ultra-wideband (UWB) order Wed.,, saying at Telecom Subcommittee hearing that Commission was too quick to adopt restrictions based on NTIA recommendations. He said NTIA’s concerns were based on hypotheticals that had little research backing them up. “We have an FCC order that permits a limited deployment of new technology,” Tauzin said. “NTIA determined the outcome of this proceeding, and the FCC’s order is pretty clear about that. The Commission adopted emissions limits based on levels with which NTIA was comfortable.” Tauzin said FCC had to draw conclusions on “mountains” of conflicting data, with NTIA detailing potential interference and UWB developers arguing that devices wouldn’t cause harmful interference. He said he was hopeful FCC would be able to conduct enough “real world” tests in next 6-12 months to determine whether there was “solid” evidence that UWB created harmful interference in restricted bands.

Fixed Wireless Communications Coalition (FWCC) and National Spectrum Managers Assn. (NSMA) asked FCC Wireless Bureau for blanket waiver that would allow coordination of fixed wireless licenses at narrower bandwidths than now permitted. In waiver request filed Wed., groups asked that fixed wireless service (FS) licenses at 18 GHz be allowed to undertake coordination and licensing at bandwidths of 2.5, 5, 30 and 50 MHz in addition to 10, 20, 40 and 80 MHz now allowed. “The sole purpose of the waiver is to eliminate the present need for FS users to coordinate and license more spectrum than they actually need,” request said: “Grant of the waiver will improve efficient use of the spectrum and will not adversely affect any user.” Groups said they wanted blanket waiver -- not rulemaking -- “because rapidly growing spectrum congestion has created an urgent need for relief.” FWCC and NSMA said if Commission decided to move ahead with rulemaking anyway, they wanted blanket request granted while rulemaking process was under way. “This alternative will provide the fixed service with the immediate relief it needs,” request said. Before FCC partitioned 18 GHz band between fixed wireless and fixed satellite service, Part 101 of FCC rules allowed fixed wireless bandwidths of 5, 6, 10, 20, 40, 80 and 220 MHz, request said. After reallocation, however, narrowest channels available only to fixed wireless are 10 MHz. Because some fixed wireless operators can operate well in channels as narrow as 2.5 MHz, “assigning a full 10 MHz to each is a waste of badly needed spectrum,” FWCC and NSMA said. They said FCC had agreed rechannelization could aid relocation of fixed wireless service operators and had planned proceeding on issue. “While the FWCC and NSMA welcome the Commission’s commitment to address the issue in the future, the passage of time may render it moot,” they said.

FCC adopted report and order Thurs. that puts in place new service rules covering total of 27 MHz in 7 separate bands that have been reallocated from govt. to non-govt. use. More broadly, FCC officials also said at agenda meeting that agency will issue notice of inquiry (NOI) by year’s end on provision of wireless services in rural areas, topic that emerged during Commission negotiations on order. FCC Wireless Bureau Chief Thomas Sugrue said at press briefing after meeting that NOI will be fairly wide-ranging, touching on topics such as roadblocks and opportunities for provision of wireless service in rural areas, as well as auctioning and licensing policies. Order itself covers service and licensing rules for wide range of bands, including ways to continue protecting wireless medical telemetry service at 1.4 GHz. FCC Comr. Copps dissented in part on item, expressing concerns about spectrum rights given to band managers, which Chmn. Powell later defended as part of Commission’s purview. In lengthy separate statement, Copps also voiced concern that FCC shouldn’t rely on spectrum partitioning and disaggregation to help promote service in rural areas until it receives better data on how these tools are working.

Maritime Telecommunications Network (MTN) asked FCC to protect fixed service with regulations that would govern use of satellite earth stations aboard vessels (ESVs) in fixed satellite service (FSS) networks, company said Mon. in filing. MTN, which provides commercial satellite service (video, telephony and Internet access via C-band dishes) at sea, is concerned about Commission inquiry into authorization of ESVs studying regulatory framework that would allow FS and FSS operators to operate together without harmful interference. FCC launched inquiry (IB 02-10) in Jan. on whether to set specific rules for ESVs, including appropriate regulatory status. Inquiry specifically asks whether ESV should be moved to mobile satellite service (MSS) band, and whether if they stay in FSS band Table of Frequency Allocations should be modified.

Industrial Telecom Assn. (ITA) asked FCC for additional 90 days to file reply comments on notice of proposed rulemaking (NPRM) soliciting feedback on ways to ameliorate public safety interference at 800 MHz. “The significant impact on the public safety, private wireless and communications industries as a result of this proceeding, as well as the volume of comments, is such that an extension of time is warranted,” ITA told FCC. It also cited substantial volume of initial comments (nearly 200) that NPRM had generated so far. Among options on which Commission has solicited comments is plan submitted by Nextel last fall that would reconfigure systems at 700, 800 and 900 MHz and 2.1 GHz, including additional spectrum for public safety. American Mobile Telecom Assn. (AMTA) said that while FCC ultimately might decide rebanding was needed to address interference, existing record wasn’t conclusive on that point. AMTA Pres. Alan Shark said his group thought that “we aren’t doing our members a service by coming up with a proposal when there is so much uncertainty about the technical underpinnings.” While much attention in proceeding has focused on Nextel White Paper last fall, Shark told us: “It’s the wrong thing to drive this.” Shark, who counts Nextel among AMTA’s members, said he would like to see 7 issues drive discussion: (1) Extent to which that was immediate problem and potential fixes to address interference at 800 MHz should address not just long-term ramifications but must “recognize that this is happening now.” (2) Need for “voluntary mediation” when public safety or private wireless enterprises find they can’t work out solution with interfering party. Neutral, 3rd parties could be part of pool in such cases that could make recommendations on fixes, Shark said. (3) Some reshuffling at 800 MHz. “Under any rebanding proposal, we need to pull something out of 800 MHz to come up with greenspace to make it happen,” he said, and process would have to account for extent to which equipment moves in that band would need to be done in “orderly” manner. (4) Consideration of moving Nextel out of 800 MHz. Shark said that while commercial wireless operators had expressed concern about part of Nextel proposal that would give carrier spectrum at 2.1 GHz without auction, he didn’t have problem with it. “It would leave some greenspace and take out some incredible congestion.” (5) Examination of filtering aspects of new equipment to address radiofrequency interference “on the front end.” (6) Longer term strategy that could include moving all of public safety at 700 MHz, although several conditions would be needed. Key would be to have date certain by which analog broadcasters would vacate spectrum as part of DTV transition, he said. Another condition would be postponement of current date for 700 MHz auction, which AMTA supports, Shark said. Another caveat would be that relocated operators would be given assurances equipment would be available for them in new band. (7) Guarantees of reimbursement for relocating incumbents. Shark said there was need for congressionally mandated national emergency telecom that could address that issue.