FCC and Industry Canada reached agreement designed to eliminate interference to fixed terrestrial wireless systems in 38.6-40 GHz band from satellite systems now licensed to operate in V-band. FCC said pact aimed to “enhance delivery of V-band spectrum services to consumers.” Both U.S. and Canada licensed fixed wireless systems at 38.6-40 GHz on area basis to bolster rollout of broadband wireless applications. Agreement is designed to “ensure protection of these systems by limiting the power flux density levels of satellite systems currently being designed to operate in the V-band,” Commission said. Issue had emerged at World Radio Conference 2000 in Istanbul but wasn’t resolved. In Resolution 84 at that WRC, U.S. and other countries in this region agreed to address satellite power flux density values on country-by- country basis. After WRC 2000 meeting, FCC proposed band segmentation approach that pinpointed spectrum below 40 GHz mainly for high-density fixed service use and spectrum between 40 and 42 GHz mostly for high-density fixed satellite service. U.S.-Canada arrangement on 37.5-42.5 GHz would back retention of power flux density figures in radio regulations. Two nations also agreed to: (1) Obtain concurrence of other administrations under agreement before authorizing frequency assignment for fixed satellite service (FSS) network in 37.5- 40 GHz if FSS network would produce power flux density in excess of certain limits. (2) Consider results of technical studies involving appropriate value of downlink power control and adjust criteria if warranted. (3) Propose suppression of Resolution 84 in forums such as ITU and CITEL (Inter-American Telecommunications Commission), “with a view towards addressing the fade compensation requirements within Region 2,” which includes U.S. and Canada. (4) “Take steps to reflect these principles in their respective domestic policies to ensure that operators of satellite systems wishing to implement services will be aware of their responsibilities and requirements.” (5) “Recognize that each administration is free to declare in a global context that it is under no obligation to accept the provision of FSS within its territory if it believes that emissions from satellites providing services in its territory would cause unacceptable interference to its terrestrial services in the 37.5-40 GHz and 42-42.5 GHz bands.”
Leap Wireless said Wed. it didn’t plan to participate in FCC’s lower 700 MHz band auction June 19. Commission late Fri. decided to allow lower band auction to be held on time but delayed upper band bidding 7 months. Leap had said earlier this month it was filing short-form applications for both upper and lower bands to preserve its options to take part in bidding. It said it decided not to join Ch. 52-59 bidding because Commission had delayed only Ch. 60-69 auction to Jan. 14, 2003. When Leap filed to bid in what then was pair of June auctions, Chmn. Harvey White said he believed those dates would be “significantly delayed by either the FCC or Congress. Since this did not occur and because we believe a bifurcated 700 MHz auction is not favorable for the company, we will not participate in Auction 44.” Today (Thurs.) is deadline for prospective bidders in lower band auction to make upfront payments at FCC. Short-form applications, which provide FCC with financial information and details on which licenses entity plans to bid, have attracted wide array of broadcasters and telcos (CD May 29 p1). Among applicants are Cybergate, which is run by George Schmitt, chmn. and acting CEO of CLEC e.spire. He’s former pres. of GSM wireless carrier Omnipoint, which was bought by VoiceStream, and past chmn. of PCIA. Cybergate applied to bid on all cellular metropolitan area licenses and all economic area groupings in lower band. Also among prospective bidders Sweetwater Wireless, owned by PCS Constructors, which in turn is backed by Stephen Roberts and William Yandell. Yandell, who owns 49.9% of PCS Constructors, is CEO of Eldorado Communications and Roberts is managing dir. Eldorado had vied with NextWave for PCS licenses in 1996 C-block auction. Eldorado, which ultimately returned its licenses to FCC and filed for bankruptcy, recently raised concerns at FCC over NextWave proceeding, including lack of publicly available information on last year’s proposed settlement agreement. Other prospective bidders include Lynch 3G Communications, owned by Lynch Interactive. Mario Gabelli, chmn. of Gabelli Asset Management, is chmn. of Lynch and owns 23% of company. His media holdings have included stake in Black Entertainment TV and he was backer of Theta Communications, which bid in NextWave re-auction.
SAN FRANCISCO -- FCC study group plans to report in fall on reforming wireless spectrum allocation to avoid playing technology favorites and give market innovation running room, panel chmn. said Wed. Spectrum Policy Task Force needs to step back and consider similarities and differences among uses -- radio navigation, telephony, broadcasting, data services, public safety -- to devise integrated approach that didn’t impair research and product development, Paul Kolodzy told Wireless Congress here. He said FCC needed “quicker, more adaptive spectrum-management techniques.”
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.
CTIA told Office of Management & Budget (OMB) Tues. that FCC never conducted cost-benefit analysis of pending wireless local number portability (LNP) requirements. CTIA responded to OMB public notice that sought comment on draft report to Congress on costs and benefits of federal rules. OMB has been examining possible reform measures under fiscal 2001 Treasury and General Govt. Appropriations Act -- so-called Regulatory Right-to-Know Act. CTIA said that in general it supported institutionalizing formal regulatory impact analysis that would include assessment of costs and benefits of regulation and examination of regulatory alternatives. Verizon Wireless petitioned FCC in July 2001 for forbearance on requirement that commercial mobile radio service providers support wireless LNP in top 100 metropolitan statistical areas by Nov. 24, 2002. State PUCs have urged Commission to reject forbearance request, citing negative impact on consumers. CTIA told OMB that wireless LNP requirement carriers estimated price tag of $900 million for installation and $500 million in annual recurring costs for maintenance. “But the Commission has never conducted a cost-benefit analysis or considered the competitive alternatives that this investment could support.” CTIA also said wireline LNP requirement had created $3 billion in end-user costs “while consumers have not received commensurate benefits.” Association itemized regulations it had asked FCC to consider modifying or changing in its 2002 biennial review. Wireless group petitioned FCC recently to eliminate “unnecessary regulations” in policy areas such as wireless LNP. Group cited recent U.S. Appeals Court, D.C., decision that involved biennial review of broadcast ownership rules. FCC Chmn. Powell raised concerns that biennial review standard could evolve under Fox ruling from agency’s having to prove why it eliminated regulation to also include why rules should be kept (CD Feb 21 p1). CTIA reiterated to OMB what it already had told FCC in biennial review, that “the public interest requires that the Federal Communications Commission review, on an expedited basis, all regulations affecting CMRS carriers.”
FCC and SBC entered into consent agreement under which carrier will pay $3.6 million to U.S. Treasury to resolve Commission investigations involving inaccurate information company submitted to agency in affidavits backing 2 separate long distance applications. Sec. 271 applications were for long distance service in Mo., Okla., Kan. FCC said SBC also agreed to put in place procedures “designed to ensure the accuracy of information contained in future Section 271 affidavits it submits to the FCC.” Commission said SBC had “committed to taking additional steps to ensure that all of its employees who engage in contacts with the FCC are properly educated and thus made aware of their obligation to provide truthful, accurate and complete information to the Commission.” Separate inquiries at FCC had involved technical information on certain OSS systems. SBC said it was pleased Commission’s action had brought inquiries to close. “SBC’s position throughout these inquiries has been that the inaccuracies in the 271 proceedings were the result of good-faith efforts in describing highly technical matters, and not the product of any intent to mislead the Commission or its staff,” SBC Senior Vp-Regulatory Priscilla Hill-Ardoin said. “We take seriously our obligation to provide complete, timely and accurate information.” However, AT&T took SBC to task for what it called pattern of providing inaccurate information to FCC. AT&T cited SBC fine last year for violating one of conditions in its takeover of Ameritech and separate case in which SBC was cited by Commission for providing inaccurate information. “SBC has flunked ’truth school’ before and there’s no reason to think just another fine is going to change its behavior,” AT&T said. FCC said in order, which was adopted May 22 and released Tues., its investigations had focused on competitors’ access to SBC’s operations support systems (OSS) and information SBC provided to FCC as part of its Sec. 271 applications. On Sec. 271 issues, consent decree said affidavits that were at issue had to do with “inaccurate information” related to competitors’ allegations of problems in obtaining access to loop qualification information in Tex., Kan., Okla., Ark., Mo. Charges also involved electronic access to SBC’s loop maintenance operations system. SBC didn’t admit any noncompliance, violation or liability associated with allegations. Consent decree also said SBC had conducted internal investigation of one employee’s representations to FCC Enforcement Bureau on loop qualification probe. “Because of the unique circumstances of these representations,” including lack of witnesses, SBC indicated it had no basis on which to ascertain whether facts in allegations were accurate, consent decree said. Decree included compliance plan with contact protocol between SBC employees and FCC personnel that for carrier to train its FCC representatives as to requirements of consent decree. “SBC will take reasonable steps to ensure that only an SBC FCC representative schedules or participates in a contact with the Commission,” it said.
FCC added New Skies NSS-7 satellite to Permitted Station List at 21.5 degrees W. Commission also updated PSS List to reflect retirement of NSS-513 from 177 degrees W and relocation of NSS-803 to 177 degrees W from 21.5 degrees W. Earth station operators seeking to communicate with NSS-7 in frequency bands other than conventional C- and Ku-bands or with nonroutinely licensed earth stations operating in conventional C- and Ku-band must file license applications or license modification applications.
Dotcast should be willing to accept conditional FCC approval of its datacasting technology if it’s “confident that its technology will not cause additional interference,” Fox TV Stations group said in ex parte filing at Commission. Conditional grant “will simply require the company to vindicate its claims” and “ensure that both analog and digital television stations are protected from the potential risk of interference,” Fox said. Dotcast said in separate ex parte filing that PBS had concluded that its datacasting system offered “a valuable opportunity for PBS member stations to provide revenue-producing ancillary services on their analog channels.” Dotcast said about 100 PBS stations, reaching more than 80% of U.S. TV households, agreed to make analog capacity available for Dotcast services. However, it said “the time period in which to benefit from Dotcast’s innovative technology is short and growing shorter each day” because of approaching transition to DTV.
BellSouth (BS) anticipates rollout of long distance service in 5 more states by June 30, Regulatory & External Affairs Pres. Margaret Greene said in videoconference Tues. With 2nd set of FCC applications pending, company said decisions were anticipated in Sept. for Ala., Ky., Miss., N.C., S.C. It projects receipt of state and federal approval for all southeastern states by year-end. While that will provide increased product bundling capabilities for BS, company’s commitment to its relationship with Cingular Wireless remains intact, spokesman said.
Bush Administration is unclear on whether to develop national broadband strategy (CD May 23 p1), but Senate Governmental Affairs Chmn. Lieberman (D-Conn.) said Tues. he would introduce legislation requiring plan. “For high-tech industries and the American economy at large, bringing on the broadband boom can spark the next sustained surge of economic growth,” Lieberman said while visiting Internet services company called Wind River in Alameda, Cal.: “Unfortunately, the case for making broadband deployment a pivotal piece of our economic puzzle has yet to be understood adequately by government.” At his Cal. appearance, Lieberman released 61- page White Paper, Broadband: A 21st Century Technology Productivity Strategy, that defended active govt. involvement in broadband rollout by comparing it with federal promotion of railroads, electricity, telephone, radio, TV, interstate highways and launch of men to moon. He acknowledged term “broadband” itself to many Americans was “as obscure as the word ‘Internet’ was in 1990.” Lieberman defined broadband as referring to Internet carrying capacity, and said compared with dial-up Internet “it is like the difference between the word ‘car’ and the word ‘NASCAR.'”