The FCC asked the U.S. Court of Appeals for the D.C. Circuit to reject long-standing challenges to the commission’s 800 MHz rebanding order filed by James Kay and Charles Guskey. “Neither Guskey nor Kay has standing to litigate,” the FCC said. “Neither Guskey nor Kay holds any 800 MHz licenses. Not surprisingly, then, their papers in this Court do not (and cannot) establish that they have suffered any concrete injury caused by the FCC’s orders restructuring the 800 MHz spectrum band.” The Monday pleading was in Case No. 06-1076 (http://bit.ly/1nDghYi). The FCC issued the landmark rebanding order in 2004 to address interference issues for public safety in the 800 MHz band.
After a monthslong search, T-Mobile US said Tuesday Andy Levin was named senior vice president and head of the Washington, D.C., office, replacing Tom Sugrue, who retired in April. Levin is former general counsel at Clear Channel, which he left four years ago. More recently he has been a managing partner at Traveling Light Partners. He’s also a former House staffer and Verizon veteran. After Sugrue left, T-Mobile did an extensive search for a replacement, industry officials said. The appointment is effective July 21. T-Mobile Vice President Kathleen Ham has been filling in as acting head of the D.C. office.
Sprint and T-Mobile are developing a plan to jointly raise some $10 billion to spend in the TV incentive auction, reported The Wall Street Journal Tuesday, citing unnamed sources (http://on.wsj.com/1meWCZG). Sprint parent SoftBank is widely expected to make a play to buy T-Mobile. One industry analyst told us it’s unclear how the agreement would work if any proposed deal is ultimately rejected by regulators. “Sprint and T-Mo begged for and got unjustified bidding preferences,” said Preston Padden, executive director of the Expanding Opportunities For Broadcasters Coalition, via email. “Now they propose a joint collusive bid. This is world class ‘gaming’ of the regulatory process.” T-Mobile and Sprint were not commenting. Sprint and T-Mobile were active proponents of spectrum aggregation rules limiting spectrum purchases by AT&T and Verizon in the auction (CD May 15 p4).
The FCC should adopt a three-tier access system for the 3.5 GHz band, based on recommendations by the President’s Council of Advisors on Science and Technology, public interest groups told the FCC in comments posted by the agency Monday. The FCC is examining the band for shared use and small cells. Under that proposal, tiers would be offered for incumbent access, priority access and general authorized access, said comments by the Dynamic Spectrum Alliance, Public Interest Spectrum Coalition and WhiteSpace Alliance (http://bit.ly/WdaSxk) in docket 12-354. The groups said geographic exclusion zones “should be based on actual deployment scenarios and sized solely to protect incumbent users.” The FCC “should minimize protection zones for incumbents as much as possible, by adopting requirements that are based only on the interference tolerance of incumbent operations and not the tolerance of potential new operations,” the groups said.
Dish Network spectrum is valuable for Verizon, wrote New Street Research analysts in an email to investors Sunday. With 38 percent of industry revenue and just 16 percent of industry capacity, Verizon has a tremendous amount of value at stake if capacity utilization were to approach 100 percent, they said. Verizon should increase its share of industry capacity slightly in the upcoming FCC spectrum auctions, and “Dish is the only asset that would meaningfully narrow the gap,” they said. Dish may have lost two near-term options with AT&T’s plan to buy DirecTV “and the path to value realization may be less clear as a result,” they said. “The intrinsic value of Dish’s assets is unchanged,” New Street said. The most compelling transaction for both affected parties would be for Verizon to acquire Dish, said the analysts.
FCC wireless location accuracy rules shouldn’t cover underground mass transit systems “until a test bed proves that suitable indoor location systems, specifically proven in the underground mass transportation environment, are commercially available, cost effective, and technology and air interface neutral,” said Transit Wireless’s comment posted Monday in docket 07-114 (http://bit.ly/1rb4Nyb). Transit said it’s building out a distributed antenna system covering “the nation’s largest mass transportation infrastructure,” the New York City subway system. The company cited the “lack of record regarding current indoor location technologies for their effectiveness and accuracy in the underground mass transportation environment.” Also filing in the docket, the National Association of State EMS Officials, National Association of EMS Physicians, National Association of EMTs and National EMS Management Association urged the FCC to impose indoor location accuracy standards on carriers. “Accurate location information can assist in finding indoor callers quickly, and improved response times translate directly to improved medical outcomes in life-threatening cases,” the groups said (http://bit.ly/1jIcA4c).
AT&T notified the FCC it sold its stake in América Móvil and no longer has any relationship with the Mexican wireless carrier (http://bit.ly/1jjtw0s). AT&T told the commission it was required to file notice as a condition of a November 2009 order approving AT&T’s buy of Centennial (http://bit.ly/1waibQG). AT&T asked that the bureau “conclude that these changes are sufficient to deem the America Movil commitments now null and void,” it said in a filing posted by the FCC Thursday in docket 08-246.
The wireless industry needs prompt decisions on zoning applications in order to continue to grow, CTIA said in an amicus brief in T-Mobile South v. Roswell, Ga. The case, to be heard this fall by the Supreme Court (CD May 6 p12), examines whether local governments have to provide detailed written explanations when they deny carriers’ applications to build new cell towers in their jurisdictions. “The wireless industry is facilities-based and depends on quick and effective judicial review of local zoning decisions to meet the ever-growing consumer demand for more and better wireless services,” CTIA said in Supreme Court docket 13-975 (http://bit.ly/1nektZH). Carriers still face “too many cases of obstruction and delay” when they file applications with local governments to build wireless facilities, the group said. “While the whole community benefits from having a new facility and thus better service, usually only nearby landowners who object to the facility have enough of an incentive to communicate with their representatives or attend meetings to protest.”
NTIA and the FCC Office of Engineering and Technology sought comment on a public-private partnership to create a spectrum test city, as expected (CD July 11 p19). The model city would be used for “demonstrating and evaluating advanced spectrum sharing technologies” in a real-world environment, said Friday’s joint public notice from the agencies (http://bit.ly/1r4jeDZ). The notion of a model city was first put forth by the President’s Council of Advisors on Science and Technology in its July 2012 spectrum sharing report. “It is too soon to know what a ‘Model City’ might entail and what aspects would fall within the jurisdiction of the NTIA and/or the FCC,” said OET Chief Julius Knapp in a blog post (http://fcc.us/1r4kaIv). “For example, the model city could be developed as a public-private partnership and implemented under existing provisions such as the FCC’s experimental licensing program. What is clear is that there is a high likelihood that both NTIA and FCC will have a role to play, particularly because most of the spectrum is shared between federal and non-federal users.”
The FCC is getting set to release a public notice asking for comment on spectrum model cities, as recommended by the President’s Council of Advisors on Science and Technology, said NTIA Administrator Larry Strickling Thursday at the Commerce Spectrum Management Advisory Committee meeting. NTIA, the White House Office of Science and Technology Policy and the FCC are considering proposals for a “test city” to be a real-world environment for trying out new business models, applications and services, said Tom Power, deputy federal chief technology officer, in April (CD April 7 p2).