Multi-Association Group (MAG) complained to FCC about AT&T proposal that agency resolve access charge issues at same time it acts on Rural Task Force (RTF) universal service proposal. National Rural Telecom Assn., National Telephone Coop Assn., OPASTCO and USTA said adding access charge consideration to RTF plan would foreclose proper consideration of MAG’s own plan, which deals with both universal service and access charge reform. In April 6 letter, MAG said “such unwarranted and premature Commission action” would “delay or eliminate” consideration of MAG plan, which was designed to balance both types of reform for rural phone companies. MAG group said it always had known some coordination would be needed between universal service reforms proposed in MAG and RTF plans but AT&T proposal would go further and preempt MAG’s companion access charge reforms. Group urged FCC to “reject AT&T’s attempt to capture the parts of the MAG plan it likes and sidetrack or jettison the rest of our proposal.”

AT&T Wireless told FCC that agency didn’t need to develop location information privacy rules “at this time.” Company was responding to CTIA petition that proposed ways to ensure privacy principles in rulemaking that would cover notice, consent, security and integrity of consumer data (CD April 10 p3). Carriers haven’t been in lockstep in what they would like to see Commission do in that area, with Verizon Wireless saying rule wasn’t needed now and Sprint PCS saying it didn’t see need for “new, detailed regulations.” Cingular Wireless, on other hand, “strongly” recommended that FCC move ahead with rule. Sec. 222 of Communications Act bars carriers from disclosing personal location information without express prior authorization of customer, AT&T noted. While CTIA principles are sound, “it is neither wise, nor necessary, for the Commission to implement these protections by establishing a regulatory environment that could easily undermine the flexibility that carriers require to develop new services and meet individual customer needs,” AT&T said.

Sen. Dorgan (D-N.D.) is drafting letter to FCC calling for swifter action on high-cost universal service reform that he probably will send today (Thurs.), spokesman told us. “We're asking that they do what they're supposed to do,” he said. “Rural high-cost reform has been delayed for too long.”

Assn. of Public Safety Communications Officials-International (APCO) stepped up pressure on wireless carriers Wed. to meet upcoming Enhanced 911 deadline by sending letters requesting location technology service in next 6 months. Letters from public safety answering points (PSAPs), which APCO also submitted to FCC, come as several carriers have waiver petitions pending before Commission on Phase 2 of E911. “It’s going to be tough to get a waiver,” FCC Deputy Wireless Bureau Chief James Schlichting told reporters after APCO news conference in Washington. FCC last week opened public comment period on waiver request of AT&T Wireless, which wants to deploy hybrid handset- and network-based solution for pinpointing location of wireless 911 caller (CD April 9 p4). APCO officials also outlined details of national project to have at least one community public safety system in 48 states ready to receive more specific Phase 2 location data by Oct. deadline. APCO Pres. Lyle Gallagher told us association was embarking on project that would involve wireless carriers to resolve new interference issues in public safety bands.

Gemstar-TV Guide International unexpectedly withdrew its FCC petition for special relief after conceding that Commission was going to rule against company in its long-running cable must-carry struggle with AOL Time Warner and other cable operators (CD Feb 20 p2). In brief submission to agency Wed., Gemstar said it was withdrawing petition immediately “without prejudice as a matter of right,” allowing it to file new petition later if it wants. FCC, which had planned to vote on Gemstar’s petition at its agenda meeting next Thurs., said it would rule on withdrawal after reviewing it. At our deadline, AOL Time Warner couldn’t be reached for comment.

In another major victory on regulatory front, AT&T announced Wed. that IRS had blessed company’s bid to spin off its Liberty Media subsidiary as completely independent company. IRS ruled that proposed split-off would qualify as tax-free transaction for AT&T, Liberty Media and their shareholders, potentially saving them estimated minimum $2 billion in tax bills. As result, AT&T said it planned to convert its current Liberty Media tracking stock into separate asset-based security and start unit as new company by midsummer. AT&T also said Liberty Media Chmn. John Malone, as expected, would “retire” from parent company’s board following spinoff.

Back-and-forth is continuing at FCC over ultra-wideband (UWB) proceeding, with Sirius Satellite Radio telling Commission Tues. it should ignore advice of Fantasma Networks to split rulemaking between GPS and non-GPS bands. UWB developer Fantasma told agency last week it should bifurcate rulemaking between devices in those 2 bands. Fantasma was responding to letter to FCC from broad group of wireless, GPS, satellite radio and air transport interests that asked agency to not take final action on operation of UWB devices under Part 15 rules without further notice of proposed rulemaking. Fantasma recommended FCC authorize UWB technologies that operated in non-GPS spectrum, splitting off regulatory consideration of technology using GPS spectrum. Sirius argued in latest letter that “Fantasma misunderstands the data in the record concerning interference caused by non-GPS band UWB devices, continues to ignore its own burden of proof in this matter and reached the mistaken conclusion that immediate Commission action is warranted.” Sirius contended testing of impact of UWB devices on non-GPS systems was “hardly complete” and tests to date showed interference with incumbents. Sirius told FCC that NTIA testing found deployment of UWB devices below 3.1 GHz would present interference problems for govt. and commercial systems. It said premature agency action could cause disruption to services such as Enhanced 911 and GPS. Among issues NTIA tests didn’t cover is impact of UWB on commercial receivers such as those of Sirius, said Robert Briskman, co-founder of Sirius. NTIA tests in non-GPS bands focused only on federal receivers, not some of more sensitive systems, he said. One of Sirius’s concerns is that UWB devices “that would be the most bothersome to us are ones that are not yet apparently well-defined,” Briskman said. “Specifically, I am talking about the communications devices and the devices in cars that would sense the distance to other cars,” he told us. Meanwhile, backers of UWB also were lining up at Commission. Intel in ex parte filing last week said further notice sought by group of companies wasn’t needed because: (1) Current proceeding had given commenters ample opportunity to address issues. (2) Ultra-wideband had the potential to become “a very useful technology. Adding administrative process in this case will add needless delay and cost to UWB to the detriment of consumers.” Intel said that “expeditious consideration” by FCC would advance goals of Chmn. Powell “of reforming FCC’s processes to foster innovation and investment.”

Regionwide testing of Qwest operation support systems (OSS) began Tues. in 13 of its 14 states. Company officials predicted favorable report from regional test administrator KPMG after testing concludes in July that will allow carrier to file first Sec. 271 interLATA long distance application with FCC before Labor Day and file for rest of its states by next spring. But Qwest gave no clue as to which state would be first and declined to confirm speculation that it would be Colo. or Ariz. Qwest Senior Vp-Law & Policy Steve Davis did indicate that Ariz., along with Neb. and Iowa, would be among early states, with Minn. and S.D. among last.

FCC Cable Bureau extended deadline for filing reply comments in Commission’s interactive TV inquiry. Instead of original April 20 deadline, new date is May 11. Cable Bureau acted after receiving petition for extension from consumer groups.

ArrayComm and 11 other technology developers created TDD Coalition that’s urging FCC to make spectrum allocations for wireless broadband data systems using time division duplex (TDD). Companies requested regulators to make unpaired spectrum available for TDD-based services instead of paired frequencies typically allocated for mobile wireless services. ArrayComm Senior Vp Bradley Holmes said TDD-based systems that offer wireless broadband services are expected to complement 3rd generation wireless services that use frequency division duplex technology that requires paired bands of spectrum. Other coalition members are Aperto Networks, BeamReach Networks, Caly Networks, Clearwire, Harris Corp., IPWireless, LinkAir, Malibu Networks, Radiant Networks, Raze Technologies, Wavion. Coalition said it wanted U.S. spectrum decisions to align with those of Europe and Japan, which already have made unpaired frequencies available for technologies such as TDD. Holmes said one concern of companies such as ArrayComm was that because other countries were beginning to make allocations dedicated to both TDD and FDD for advanced wireless services, if U.S. didn’t move in same direction, systems developed in U.S. would be deployed elsewhere first. ArrayComm’s technologies include i-Burst, portable broadband system that offers data rates of 1 Mbps, although company said technology could provide up to 40 Mbps per cell site. Holmes, treasurer of new coalition, told us that ArrayComm was conducting FCC-approved market trial in San Diego. Under experimental license granted by agency, ArrayCom can deploy i-Burst technology there until end of next year using 5 MHz of spectrum. As part of FCC proceeding that’s examining bands for potentially providing more spectrum for 3G, ArrayComm asked FCC to make allocations for not just FDD but for TDD as well. ArrayComm contended that technology could offer high-speed data in less spectrum than FDD-based technologies. “We're saying give us one block of 10 MHz,” Holmes said. Without channel plan that allowed single block optimized for TDD, technology developers said their concern was they would have to vie for 2 paired blocks in auctions against larger wireless carriers using FDD-based systems, even though TDD needed only one block. Holmes said ArrayComm could deploy technology in as little as 5 MHz, but ideally would prefer 10 MHz.