Competitor interests opposing SBC-backed broadband regulatory parity legislation scored victory in SBC state of Cal. Assembly Utilities & Commerce Committee unanimously defeated bill (AB-2933) that would have directed Cal. PUC to “review, investigate and study California’s high-speed Internet access and broadband services market for purposes of determining the necessary courses of action to achieve regulatory parity among all providers within the high-speed Internet access and broadband services market.” Study, which would have addressed any digital service faster than 200 kbps regardless of technology or medium used, was to go to legislature by Dec. 1, 2003. CLEC interests had opposed bill because it appeared to accept as fact an unproved contention that regulatory parity was precondition for rapid broadband deployment. Assembly panel voted down bill as being unnecessary and premature. Panel said Cal. PUC already had legal duty to address policy implications of broadband services and authority to conduct whatever market studies might be needed. Panel said PUC shared broadband authority with FCC, but Commission hadn’t completed its broadband policy development work so bill also would be premature.
FCC adopted national thousands-block pooling rollout schedule. Commission said it accommodated several states’ requests to substitute numbering plan areas (NPAs) in first quarter. Order addresses guidelines used in establishing rollout schedule; geographic scope to be covered by pooling; number of NPAs per NPAC region to be pooled each quarter; implementation requirements for Commercial Mobile Radio Service carriers; general criteria for pooling areas subject to a geographical split; corrections to identified Metropolitan Statistical Areas.
Broadband deployment isn’t simple supply vs. demand issue as some policy debate has indicated, but will depend on growth in both areas, panelists said Wed. in audio conference sponsored by Warren Communications News, parent of Communications Daily. “There are issues on both sides,” said Floyd Kvamme, member of President’s Council of Advisers on Science & Technology (PCAST). Two issues are “interlinked, and understanding the linkage is important,” he said. It’s hard to divorce one from another, added TIA Pres. Matthew Flanigan. “Both supply and demand” are needed, said ex-FCC Comr. Susan Ness, also on the panel. Washington policy advocates have tended to stress one over other. Supply advocates such as Flanigan have been working for regulatory changes to encourage development of transmission facilities while others, such as PCAST, are concentrating on applications to stimulate demand.
FCC is seeking comment on applications by Lockheed Martin, Comsat and Intelsat to assign common carrier and non- common carrier earth station licenses, private land mobile radio licenses (PLMR) and international section 214 authorizations from Comsat to Intelsat. Assignments are connected with Intelsat’s proposed acquisition of Comsat World Systems (CWS) and assets of Comsat subsidiaries Comsat Digital Teleport and Comsat General. Comsat also filed applications to permit earth station facilities that it wants to assign to Intelsat to be used to provide service on common carrier and non-common carrier basis. Comments are due May 24, replies June 7.
Following mixed reaction by CE companies to DTV tuner mandate, CEA Pres. Gary Shapiro shifted focus at DTV Summit in Washington Wed. to DTV-cable compatibility. There’s “a difficult line to walk” with pressure from FCC Chmn. Powell (CD April 5 p1) and Capitol Hill, Shapiro said: “When these people encourage you to walk in a particular direction, it’s a good thing to give it serious consideration.”
House Commerce Committee Chmn. Tauzin (R-La.), ranking Democrat Dingell (D-Mich.) and 50 co-sponsors unveiled bill Wed. that would direct FCC to delay upcoming 700 MHz auctions indefinitely, tying future timing to resolution of other thorny spectrum issues. Legislation would delay June 19 auction of upper and lower bands at 700 MHz, requiring FCC within one year to report to Congress on proposed rescheduling. Proposal outlines panoply of other spectrum proceedings that await resolution and would instruct FCC to not hold 700 MHz auction until there was plan to resolve 800 MHz interference issues for public safety. Backed by bipartisan bill, CTIA late Wed. filed application at FCC seeking full Commission review of Wireless Bureau decision earlier this month that kept June 19 date intact. Prospects for companion bill in Senate appeared to be somewhat less clear, although Sen. Brownback (R-Kan.) told reporters Wed. he might support similar bill if administrative actions failed.
FCC Media Bureau extended reply comment deadline for defining radio markets to May 8 from April 24. Extension was requested by United Church of Christ.
Satellite Bcstg. & Communications Assn. (SBCA) is “disappointed and concerned” with FCC ruling that will allow multichannel video distribution and data services to share spectrum with satellite companies in 12.2-12.7 GHz band. Group said ruling didn’t “appear to adequately reflect results” of independent tests for interference. “This decision is particularly difficult to understand in light of the fact that there is ample spectrum available outside” DBS band, SBCA said. It said it would wait to see text of order before determining whether future DBS subscribers would be adequately protected.
Industry observers still are combing through massive ultra-wideband order released by FCC earlier this week, including what some see as unusual details such as ban on UWB-based toys. “To further limit the proliferation of these products we are prohibiting the use of UWB devices for the operation of toys,” Commission said. It also provided for “limited” outdoor operation of UWB, including general peer- to-peer operations. FCC allowed those operations as long as emissions from UWB devices in 1610-3100 MHz and band above 10 GHz were attenuated by at least 10 dB below emission levels allowed for indoor applications. “However, we remain concerned that permitting UWB devices to be used outdoors could result in the development of large communications systems that could adversely impact the authorized services,” order said. To address that, FCC barred use of antennas attached to outside structures or any form of fixed outdoor infrastructure. “To further prevent use of these products as fixed outdoor systems, we are requiring that these devices be hand-held products,” it said.
Another postponement of scheduled June 19 auction of upper 700 MHz band would require FCC “to ignore clear congressional directives,” Spectrum Clearing Alliance said in letter to FCC Chmn. Powell Mon. Responding to request by private wireless operators (CD April 17 p4), Alliance said further delay also “would undermine years of regulatory effort” to clear band of TV stations for nonbroadcast users and would “directly and substantially harm the interests of public safety agencies and the public generally.” In seeking postponement, Alliance said wireless operators’ request “is based entirely on… speculation” on future uses of 700 MHz, citing only “vague and uncertain possibilities” as justification.