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.

Although he signed FCC filing on Transportation Dept.- funded research on ultra-wideband, Stanford U. Prof. Bradford Parkinson said he wasn’t involved in conducting study, meaning his corporate ties to GPS developer Trimble posed no conflict. In Sept. 2000, Parkinson, who is widely viewed as “Father of GPS,” jointly submitted to FCC ex parte filing with other Stanford researchers outlining preliminary results of UWB tests conducted by GPS Research Lab at Stanford and funded by DoT. “We urge the Commission to proceed with great caution and deliberation,” said filing by 4 professors, including Parkinson, that described research challenges of analyzing UWB-to-GPS interference. But Parkinson said Mon. his role in research, which had been among studies cited by federal agencies concerned about potential of UWB emissions to cause harmful interference to GPS, was to evaluate results after test phase was complete. He said Assoc. Prof. Per Enge oversaw research itself.

NTIA released report Fri. outlined need for more spectrum for critical infrastructure providers in energy, water and railroad sectors, concluding that urgency of those issues might have changed following Sept. 11 terrorist attacks. Report to Congress, required by fiscal 2001 appropriations act that covered Commerce Dept., catalogued congestion that infrastructure providers faced in land mobile portion of spectrum. “It is of utmost importance that the Federal Communications Commission revisit these critical issues in order to accommodate the increasing role these industries play in maintaining quality of life,” report said. It cited continued use of spectrum as “essential to the current and future operations of these industries.” NTIA said industry feedback it received in preparing report pointed to spectrum that was “either congested or quickly approaching critical mass, thus leading to problems of interference.” NTIA said industry consensus called for additional spectrum, citing lack of bands available for new users. Report has been closely watched by private wireless industry who have raised concerns about Nextel proposal pending at FCC that would reconfigure some public safety, private wireless and commercial operators at 700, 800 and 900 MHz.

Motorola urged FCC to not delay decision on ultra- wideband, saying in ex parte filing that it was “unlikely that the Commission will gain any significant new insight into the potential of UWB to interfere by further delaying a decision.” Commission is expected to include UWB item on agenda for Feb. 14 meeting after postponing it at Dec. meeting in deference to request by Commerce Secy. Donald Evans for more time to evaluate issue. Motorola also proposed compromise for UWB limitations, saying it agreed that allowing UWB to operate at Part 15 limits above 5 GHz “while limiting UWB emissions below 5 GHz to levels that are in line with industry-developed standards for protection of services” would strike balance of interests. Motorola said Defense Dept. had backed limiting UWB operation to above 4.2 GHz and coalition of companies, including some wireless carriers, sought limitations on UWB operations to above 6 GHz. Motorola said FCC had to ensure that existing services were protected from potential interference by UWB. “This protection can only be adequately afforded by setting appropriate technical limits rather than trying to construct a complex and unenforceable regulatory structure that severely limits the operational abilities of UWB while still not ensuring adequate protection to existing services,” company said. Equipment manufacturer cited “considerable debate” in UWB docket on correct way to interpret various interference studies submitted to Commission. “One thing should be clear, however: the rights of a Part 15 user should not exceed the rights of the licensed primary user of the spectrum, nor should Part 15 operations be permitted to disrupt a carefully managed radio environment,” Motorola said. Company cited industry standards for protecting PCS services in relation to Part 15 emission limits. It said industry “finds it necessary to protect itself to a level significantly greater than what is required under the Commission’s rules.” That means FCC shouldn’t allow UWB emissions above levels that wireless industry had imposed on itself -- 16-24 dB below Part 15 levels, Motorola said. It said FCC should err on side of protecting GPS and limit emissions in GPS band to 27-35 dB below Part 15 levels, depending on type of UWB emission. Company urged Commission not to rely on “artificial regulatory constraints” such as barring peer-to-peer communications or limiting UWB use to indoors.

Ultra-wideband developer XtremeSpectrum said Fri. it supported Dept. of Defense position on UWB as laid out in letter this month to NTIA by Asst. Defense Secy. John Stenbit. He told Deputy Asst. Commerce Secy. Michael Gallagher that DoD required there be no intentional emissions below 4.2 GHz, except for imaging systems. XtremeSpectrum said it backed that caveat and had told FCC it supported DoD proposal. Company said CEO Martin Rofheart met with Sen. Warner (R-Va.) on upcoming FCC UWB decision and that Warner “pledged his support” for XtremeSpectrum and for solution that would meet concerns of both industry and govt. Rofheart said XtremeSpectrum’s proposal “more than meets all the department’s concerns regarding intentional emissions below 4.2 GHz.” He said requirement for low-power emissions in restricted bands would eliminate need for ban on communications between 2 battery-operated devices, or “peer- to-peer communications.” XtremeSpectrum described peer-to- peer networking as “key unresolved issue” before FCC in advance of Feb. 14 agenda meeting at which Commission is expected to take up UWB item. Washington attorney for XtremeSpectrum Mitchell Lazarus said ban on peer-to-peer communications as way to protect GPS and PCS systems from interference wasn’t necessary under “more flexible” solution of DoD. Rofheart described wireless peer-to-peer communications as “commercial driver” for UWB because it could deliver high data rates with lower power consumption. “If the FCC bans peer-to-peer communication for UWB by requiring a fixed, plugged-in node as part of all installations, there is no ability to leverage the low power consumption of UWB and the commercial industry will falter,” Rofheart said. Meanwhile, intense bickering over UWB continued in filings at FCC, showing how far apart some opponents remained on issue. AT&T Wireless, Cingular Wireless and Qualcomm, citing Qualcomm test results submitted to FCC this month, disputed emissions mask proposed by XtremeSpectrum that would be as low as 35 dB below certain Part 15 levels. Wireless companies said XtremeSpectrum proposal missed “fundamental point” that FCC must resolve. Carriers said tests had shown that “wireless phones suffer harmful interference as a result of transmissions from nearby UWB devices, and no private or public party, including XtremeSpectrum, the other UWB proponents and the Commission itself, has conducted any test of an emissions mask or other restriction to prove that such protective measures will successfully mitigate the harmful interference.” Wireless companies said they still urged FCC not to authorize UWB communications devices below 6 GHz. They expressed concern about critical aviation systems operating between 4.2 and 6 GHz.

NTIA submitted ultra-wideband (UWB) policy recommendation to FCC Fri. that would restrict intentional emissions below 4.2 GHz, protect radioastronomy band and restrict peer-to-peer networking of UWB devices, sources said. Emissions limits in NTIA proposal reflect several stipulations laid out by Defense Dept. in letter earlier this month to NTIA, but proposal appears to have left unresolved differences among federal agencies on what emissions limits would best protect GPS. Industry source said proposal had left officials at agencies such as Dept. of Transportation upset because their demands for higher threshold for intentional emissions of 6 GHz hadn’t been heeded in final NTIA recommendation. NTIA recommendation came in advance of UWB item that’s expected to be on agenda for Feb. 14 FCC meeting.

Private wireless users and others are lining up positions at FCC ahead of Notice of Proposed Rulemaking (NPRM) to address Nextel spectrum swap proposal that’s expected shortly. Raising concerns about secondary status that business licensees would have at 800 MHz under Nextel blueprint, National Assn. of Mfrs. (NAM) floated alternative spectrum reconfiguration in recent letter to FCC Chmn. Powell. Secondary status of private wireless operators “would cause major disruption and dislocation” to thousands of manufacturing operations and costs of relocating elsewhere could run into “tens of millions of dollars,” wrote NAM Pres. Jerry Jasinowski. Cost of relocation and questions about availability of adequate spectrum for private land mobile radio operators that would be displaced have been common theme of early criticism of Nextel. Motient Communications, which operates network used by BlackBerry wireless e-mail device, told Powell in letter last week that long-term effect of Nextel plan would cost company $400 million to replace subscriber equipment and network infrastructure and result would be “catastrophic.” NPRM addressing Nextel White Paper is expected out within month, source said.

FCC meeting was devoted to reports by each bureau chief on activities in last year and future plans -- and backlog reduction was mainstay of most reports. Common Carrier Bureau Chief Dorothy Attwood said pending petitions for reconsideration were down to 1/3 of last year’s level. International Bureau Chief Donald Abelson reported 55% reduction in number of applications for review and petitions for reconsideration that had been pending more than 180 days. Wireless Bureau Chief Thomas Sugrue said percent of applications and items pending more than year had dropped to 0.24% now from 13% in Dec. 1998. Enforcement Bureau Chief David Solomon reported “virtually eliminating” backlogs in some areas.