House Telecom Subcommittee Chmn. Upton (R-Mich.) released witness list for hearing today (Wed.) on ultrawideband spectrum management. Hearing will be at 10 a.m., Rm. 2123, Rayburn Bldg. Witnesses will include Michael Gallagher, NTIA deputy dir.; Jeff Shane, Transportation Dept. Assoc. Deputy Secy.; Stephen Price, Defense Dept. Deputy Asst. Secy. for Spectrum, Space, Censors & C3 Policy; Julius Knapp, Deputy Chief, FCC Office of Engineering & Technology; Richard Nowakowski, Coordinator of Special Projects, Chicago Office of Emergency Communications Research & Development; Ralph Petroff, CEO, Time Domain; Dennis Johnson, pres., Geophysical Survey Systems.
House Commerce Committee Chmn. Tauzin (R-La.) and Telecom Subcommittee Chmn. Upton (R-Mich.) urged FCC to repeal broadcast-newspaper cross-ownership rule and “expeditiously complete the rulemaking process” on issue begun in Sept. In June 4 letter to FCC Chmn. Powell, Tauzin and Upton said media markets had changed since 1975 when cross-ownership rules, preventing common ownership of broadcast station and daily newspaper in same market, were adopted. “We believe the explosion of media sources should eliminate any concern regarding a lack of diversity of views in the marketplace and competition, which have been the principles of justifications for the rule,” letter said. Cable, direct broadcast satellite and Internet have opened new media outlets, making repeal of rule “long overdue,” letter said. NAB supports repealing rule, with spokesman saying “it’s a relic of a bygone era.”
FCC set July 8 deadline for comments on rulemaking on policy on extending DTV construction deadlines, it said in Federal Register notice. Replies are due July 23.
Mobile satellite service (MSS) licensees raised concerns about draft U.S. proposal for World Radio Conference (WRC) 2003 that would cover spectrum allocation at 5 GHz for radio local area networks (RLAN). Concerns were expressed by Globalstar and ICO Global Communications at WRC 2003 FCC Advisory Committee (WAC) meeting at FCC Tues. Agenda item for next WRC is to address spectrum requirements for mobile, fixed, Earth exploration satellite and space research services and to review radiolocation service at 5150-5725 MHz. Draft proposal under consideration in informal working group that has been providing input to U.S. position has considered proposal that would provide that RLAN stations at 5150-5350 MHz and 5470-5725 MHz not cause harmful interference to other stations that had primary allocations. Draft would ask administrations to examine interference mitigation techniques such as dynamic frequency selection. Globally harmonized allocation for RLANs “would greatly enhance the utility and benefit to society of these devices by facilitating roaming, reducing manufacturing and end-user costs and providing a greater degree of regulatory certainty as to the future value of investments in this technology,” draft said. Globalstar objected to proposed primary allocation for such wireless access systems in letter Mon. to WAC Chmn. Brian Fontes, Cingular Wireless vp-federal relations. Because that technology already is allowed in U.S. under Part 15 rules for unlicensed spectrum and “is foreseen in the rest of the world to be implemented on a license-exempt and noninterference basis, there would be no rational basis consistent with past regulatory policy to accord such an application primary status in the international table of allocations,” Globalstar Spectrum Mgr. David Weinreich wrote. Instead, Globalstar would like RLANs to be accommodated through footnote at WRC 2003 that would indicate that administrations wanting to implement such systems could make designation. ARRL, National Assn. for Amateur Radio, also raised objections based on existing allocation at 5650-5670 MHz. Addition of RLAN-type services “would add another application that its proponents expect to be widely deployed and we expect such systems to be colocated or adjacent to amateur stations,” said ARRL, which would prefer no change. Amid occasionally testy exchange at WAC meeting, Washington attorney Damon Ladson, representing companies including Microsoft and Cisco, said Globalstar objections should be part of public comment period on WRC Advisory Committee positions. Over those objections, WAC accepted recommendation of informal working group, including ARRL and Globalstar input. Fontes said fuller range of documents was more “encompassing.” Discussion also involved why MSS operators hadn’t been more actively involved in informal working group talks. Representative of ICO said ICO used 5150-5250 for feeder link and had gateway station in Brewster, Wash., that used band to control one satellite company now had in orbit. Separately, David Gross, U.S. deputy asst. secy. of state for international communications, told WAC meeting that its advance work on formulating U.S. stance on agenda items had put “the U.S. in a better position than it has ever been to go into a WRC.” Gross noted that aim of planning always was to firm up U.S. positions before regional meetings around world before WRC.
Several public safety groups voiced support at FCC for request by Federal Law Enforcement Wireless Users Group (FLEWUG) that asked Commission to start rulemaking on several issues. FLEWUG asked that FCC: (1) Approve certain flexible licensing mechanisms to provide state and local access to parts of federal interoperability spectrum. (2) Adopt Incident Command System (ICS) protocols for procedures in emergency. (3) Adopt Project 25 public safety interoperability standard in bands below 512 MHz, similar to step agency took at 700 MHz. (4) Adopt public safety receiver performance standards. On issue of public safety receiver standards below 512 MHz, private radio section of Wireless Communications Div. of Telecom Industry Assn. (TIA) told FCC in comments last week that interference also was affected by characteristics of transmitting systems and by “Commission rules defining the type of operation allowed,” such as whether base station use is permitted in given band segment. TIA group cautioned “the Commission against assuming that imposing receiver standards on public safety equipment is the primary solution for interference.” To extent it proposes receiver standards, group recommended FCC turn to standards developed by TIA. Public Safety Wireless Network (PSWN) program, led by Justice and Treasury Depts., backed FLEWUG recommendation that FCC and NTIA draft memorandum of understanding to establish system for licensing nonfederal public safety entities on designated federal interoperability spectrum for use in emergencies. PSWN reiterated position “that co-equal access between and among users at all levels of government will be an essential component of nationwide interoperability. The events of the past year have made this long-standing objective even more pressing.” Assn. of Public Safety Communications Officials International (APCO) also supported Commission adoption of Part 25 as requirement for digital communications on designated interoperability channels in public safety bands. Project 25 so far has been voluntary standard that local and state agencies may use, but haven’t been required to do so. “Without a common standard, there will remain the risk that future digital radio systems in the same geographic area and operating on the same frequency band will lack interoperability,” APCO said.
Satellite Industry Assn. (SIA) can’t support “first- come, first served” approach on space station rules proposed by FCC, Pres. Richard DalBello told us. SIA offered new proposal and opposition to procedural changes in comments to Commission Mon. FCC is seeking amendment of Space Station Licensing Rules and Policies (IB Docket No. 02-34). Commission also is holding 2002 Biennial Regulatory Review -- Streamlining and Other Revisions of Part 25 Governing Licensing and Spectrum Usage by satellite companies (IB Docket No. 00-248). FCC shouldn’t abandon established rules and policies for licensing, SIA said. Adoption of first- come, first-served approach would encourage speculation and inefficient use of spectrum, resulting in significant retreat from statutory obligation to manage spectrum use in public interest, it said. Boeing, PanAmSat, Hughes, Final Analysis, Pegasus, SES Americom and CTIA also filed comments, most of them supporting SIA.
U.S. Appeals Court, D.C., rejected Global NAPS (GNAPS) complaint against FCC Tues., saying agency had acted reasonably in refusing to preempt Mass. Dept. of Telecom & Energy (DTE) in reciprocal compensation dispute (CD April 6 p5). GNAPS is competitive telco with many ISP customers. It asked FCC to enter case after DTE failed to act for 8 months on GNAPS’ request for declaratory ruling that ISP-bound traffic was subject to reciprocal compensation under GNAPS’ agreement with Verizon. However, before FCC responded, DTE issued order dismissing complaint as moot in light of DTE’s decision in similar case involving Verizon and WorldCom. In that case, DTE had ruled that ISP-bound traffic wasn’t local and thus not subject to reciprocal compensation. FCC viewed DTE’s dismissal as legitimate action and said, as result, it no longer could preempt DTE for lack of action. FCC said Sec. 252 of Telecom Act permitted it to preempt only if state agency “fails to act.” Court’s opinion, written by Judge Harry Edwards, said FCC was reasonable in concluding that Telecom Act didn’t give it authority to go further and analyze why state agency had dismissed case. It doesn’t even matter “whether the state agency’s position is correct on the merits,” court said. “What matters is that the DTE did not fail to act, so the federal Commission has no basis upon which to preempt.” Edwards said “GNAPS’ remedy lies not in FCC preemption, but rather in judicial review of DTE’s order, whether in federal or in state court.” Judges Judith Rogers and David Tatel also were on panel that heard case.
Voters in S.D. and N.M. went to polls Tues. to decide races involving past Washington telecom insiders. In N.M., former FCC Comr. Gloria Tristani faced Santa Fe attorney Francesca Lobato in Democratic primary to challenge Sen. Domenici (R-N.M.). Despite her FCC background and her former role as state public utility commissioner, Tristani has campaigned primarily on issues such as health care, education, the environment and national living wage. Domenici is favored heavily for reelection in fall against either Tristani or Lobato. In S.D., former Senate Commerce Committee Chmn. Pressler (R) was facing uphill battle in primary race to become state’s lone U.S. House member. The favorite in 5-candidate GOP race is Gov. Bill Janklow, whose 2nd term is ending this year due to term limits. Janklow was confident enough in his chances, Rapid City Journal reported, that he stayed at work Mon. rather than campaign. Sen. Johnson (S.D.) is expected to win his Democratic primary battle for re-election and face Rep. Thune (R-S.D.) in fall. Race has seen President Bush campaign for Thune and Senate Majority Leader Daschle (D-S.D.) work actively to keep his fellow state Democrat in office. Gallup poll last week showed that neither party had edge in either House or Senate races. Republicans need one seat to win back Senate, Democrats need only 6 to win control of House.
OPASTCO sent letter to Sen. Lott (R-Miss.) Mon. urging support for nomination of Jonathan Adelstein to FCC. OPASTCO said letter was sent to keep focus on FCC vacancy as working legislative days in Senate dwindled. “We're trying to step up our efforts,” OPASTCO Legislative Dir. Donald Erickson said of association’s push. Letter signed by OPASTCO Pres. John Rose alluded to concerns that Adelstein had been drawn into judicial nominations conflict in Senate. “We sincerely respect your right as a United States Senator and as Senate Minority Leader to influence the Senate’s agenda and its consideration of judicial and other nominations,” letter said. “Rightly or wrongly, such disagreement over nominations can have the consequence of causing stalemate over unrelated nominations and legislation.” Erickson said he was worried that Adelstein, aide to Senate Majority Leader Daschle (D-S.D.), was drawn into judicial nomination debate after Senate defeated appointment of Charles Pickering, of Lott’s home state Miss., to federal appeals court. “They should delink the 2,” Erickson said. “Let’s not have that derail a telecom issue.” After Pickering defeat, Lott said he would support nomination of Andrew Levin, Rep. Dingell (D- Mich.) staffer, to vacant Democratic FCC seat (CD April 10 p3). Letter emphasized broad support for Adelstein, including by wireless carriers, long-distance carriers, CLECs, broadcasters. It also referred to Rep. Thune (R-S.D.) support for Adelstein, whose rural background is seen as giving him unique experience for FCC position. With Commission considering several rural issues, full representation of small communities is important, Erickson said. Other senators, mostly Democrats, have concerns about slowness of FCC appointment, Erickson said. Lott’s office didn’t return phone calls for comment.
Intervening CLECs in recent U.S. Appeals Court, D.C., ruling that sided with Bell company arguments on line-sharing and unbundled network element (UNE) requirements said Mon. they would appeal that decision if FCC didn’t. Commission hasn’t announced whether it would challenge decision, saying it still was reviewing case. At news conference held by Competition Working Group, which includes ALTS and CompTel, ALTS Pres. John Windhausen said groups also planned to ask that Commission seek letters of commitment from Bell companies that would hold them to existing line-sharing agreements until implications of D.C. Circuit ruling were resolved. Contracts that cover line-sharing agreements still are in effect, Windhausen said. D.C. Circuit handed ILECs twin victories last month, remanding FCC orders on UNEs and line-sharing and creating what several CLEC representatives said Mon. was conflict with line of reasoning adopted by U.S. Supreme Court in recent decision (CD May 15 p1) upholding forward-looking TELRIC (Total Element Long-Run Incremental Cost) pricing model used by FCC for provision of UNEs and its rule requiring Bell companies to bundle uncombined elements when requested by competitors. D.C. Circuit decision “is clearly out of step with the Supreme Court case,” said CompTel Pres. Russell Frisby. While that decision poses no immediate threat to CLECs, groups said it still was important to seek Supreme Court review of unbundling standard.