Rural Telecom Group (RTG) told FCC it was ready to take Commission to court, along with others such as Paxson Communications, if 700 MHz auction were delayed beyond current statutory mandate. RTG said “any delay” of June 19 auction planned for Ch. 52-59 “will slow the delivery of spectrum-based services to rural America.” FCC now plans to auction both upper and lower bands of 700 MHz starting June 19. Earlier this month, Wireless Bureau turned down request by CTIA to postpone date. RTG said that for first time many rural phone companies are preparing to participate in auction because FCC has decided to auction portions of 700 MHz spectrum in metropolitan statistical areas as well as rural service areas (RSAs). “The use of RSAs will enable rural telecommunications carriers, who are committed to building out and serving less densely populated regions, to concentrate their attention on rural regions,” RTG wrote to FCC Chmn. Powell on April 22. “RTG members plan to use the 700 MHz spectrum to augment their current cellular systems for 3G capability and/or for wireless broadband applications and are anxious to acquire spectrum.” RTG said in letter that it suspects that calls by larger carriers for delay in auction “stem from financial concerns rather than spectrum clearing concerns.” RTG noted that in many areas of lower band of 700 MHz, particularly rural markets, spectrum is unencumbered by analog broadcasters, meaning spectrum could be used immediately for wireless applications. Group noted that FCC faces statutory mandate to deposit proceeds from auction in U.S. Treasury by Sept. 30 for lower band. “Even a slight delay in the auction to give Congress more time to pass legislation delaying the auction makes no sense when there is no clear consensus in Congress for a delay,” RTG wrote: “Last-minute legislation is speculative.”
Citizens Against Govt. Waste (CAGW) wants quick approval of EchoStar takeover of DirecTV without interference and end to “ineffective, costly” technology programs that would become redundant as result of deal, CAGW Pres. Tom Schatz said in letter to Hill leaders, Dept. of Justice, FCC.
Work on U.S. draft proposal for World Radio Conference (WRC) 2003 that would create international identification of public safety spectrum has been slowed by continued opposition of U.S. military over one band, sources said. Sustained DoD opposition to use of 380-400 MHz, historically used by NATO for global operations, contributed to Motorola’s recent withdrawal from one of lead roles in drafting U.S. proposal in that area. Still under consideration are 700 MHz and 4.9 GHz, both allocated in U.S. for public safety, but NATO band already designated in Europe for public safety interoperability appears to be off table in U.S., several sources said. Steve Sharkey, dir.-spectrum & standard strategies for Motorola, said 700 MHz and 4.9 GHz are “great bands” for U.S. to back for international harmonization for public safety. But as to key objective in crafting U.S. position on spectrum harmonization in this area, he said: “We have been frustrated in not being able to achieve that and that is one of the reasons that we have decided to use our resources elsewhere.”
House Govt. Reform National Security Subcommittee Chmn. Shays (R-Conn.) told govt. and military representatives at hearing Tues. that his panel “will do whatever it has to do to straighten out” public and private sector differences over spectrum allocation policy. Most testimony from first panel of military officers reiterated necessity of prioritizing Dept. of Defense (DoD) spectrum needs, while pledging to keep in mind needs of industry in deploying 3rd generation (3G) wireless services. Second panel, which included FCC and NTIA officials, said progress was being made in developing national spectrum policy, evidenced by increased interagency dialogue to address growing need for spectrum in public safety and commercial 3G arenas.
Piracy of software and entertainment might never be curtailed “unless someone is in charge to take the credit and take the blame,” House Appropriations Commerce, State, Justice Subcommittee Chmn. Wolf (R-Va.) said Tues. At field hearing in Loudoun County, Va., Wolf told panel of 5 federal officials that “it does seem someone should be responsible domestically and someone internationally” for both enforcement of piracy laws and education on topic. Those officials, representing Depts. of Commerce, State, Justice and the U.S. Trade Representative (USTR), seemed less than enthusiastic. PTO Dir. James Rogan, who also is undersecy. of Commerce for intellectual property, told us after hearing that he wasn’t convinced federal govt. needed “an IP czar.” Wolf held hearing in his district at Va. campus of George Washington U. to emphasize importance of federal funding for intellectual property protection. Witnesses repeatedly focused on need for both enforcement and consumer education.
Group of ground-penetrating radar (GPR) manufacturers plan to challenge ultra-wideband (UWB) order that FCC released late Mon., raising concerns about standards that Commission has acknowledged are very “conservative.” Mitchell Lazarus, attorney for GPR industry coalition, said manufacturers planned to file petition for reconsideration to ask Commission to take 2nd look at some of GPR issues in order. “These are urgent for the industry,” he said. Standards “are much more restrictive than necessary” to guard govt.-protected bands from interference from GPRs, he said. In first readings of 120-page order, industry observers also scrutinized new details such as treatment of govt. UWB operators and waiver extensions. Order spelled out that UWB standards would apply to those devices operating in shared or in non-govt. bands, including those operated by govt. agencies. NTIA Deputy Dir. Michael Gallagher told us that meant that when govt. agencies used off-shelf UWB technology, they must follow same Part 15 rules crafted for UWB as any other use. But for UWB devices specifically designed for govt. use, coordination process between FCC and NTIA will be used in certain cases. “NTIA will follow the law and the law clearly states that NTIA authorizes government systems,” he said.
Qwest got good news from Ariz. but bad news from Ida. in its efforts to win interLATA long distance approval. In Ariz., operation support system (OSS) tester Cap Gemini Ernst & Young reported Qwest successfully completed retesting of critical OSS functions that were found wanting in Dec. preliminary report and now had passed. Qwest said final favorable OSS report on Ariz. meant it should be able to seek FCC long distance approval for Ariz. in late May. Ariz. test was separate from 13-state regional OSS test conducted by KPMG Consulting. On that regional test, whose preliminary results were released April 19, CLEC AT&T said Qwest’s claims that test results showed it passed with flying colors might be overstated. AT&T said KPMG identified several issues where “the scores Qwest kept for itself are suspect.” AT&T said that raised question whether Qwest actually was doing what it was saying it did. AT&T said data integrity and other questionable areas in KPMG draft report would be reviewed over coming weeks and final report could contain “significant alterations” from draft findings: “Anyone who claims or suggests that the draft report is the end of the process is engaging in significant and irresponsible exaggeration.” Qwest’s bad news came in Ida., where PUC concluded its long distance entry wasn’t in public interest because its unbundled network element (UNE) rates weren’t cost-based. PUC said current UNE rates in state were set in arbitrated 1999 interconnection agreement between AT&T and Qwest, but there was no evidence showing those prices satisfied FCC requirement that UNE rates be based on total element long run incremental cost (TELRIC) or that UNEs in contract conform to list of UNEs that must be offered to CLECs. PUC said there was pending docket to review Qwest UNE rates and terms in Idaho but proceeding was nowhere near completion.
FCC Tues. rejected applications by Northpoint and Satellite Receivers to use satellite spectrum for new terrestrial-based broadband service, adopting rules that included auction for multichannel video distribution & data service (MVDDS) in 12.2-12.7 GHz band. Commission said MVDDS operators such as Northpoint could share 12 GHz band with DBS and nongeostationary satellite operators (NGSO) and fixed service satellite (FSS) operators on co-primary basis, provided they didn’t cause interference (CD April 18 p3). FCC also dismissed corresponding waiver requests in favor of new service rules to resolve complex technical and sharing issues.
ISPs could benefit from industry proposal to revise way it collects contributions from telecom carriers for universal service fund (USF), Information Technology Assn. of America (ITAA) told FCC in comments filed late Mon. Commission had asked for comments on proposal to move to connection-based methodology, meaning carriers’ contributions would be based on end-user connections -- generally wires to homes and offices or wireless phone numbers -- rather than based on interstate revenue. While proposal involves rather technical adjustments, it has elicited strong feelings because it would require wireless and local exchange carriers to contribute more and long distance carriers less. Under current system, long distance carriers are main contributors. In both scenarios, customers ultimately pay because carriers pass costs on to them in form of fees on bills.
FCC should clarify that EchoStar can’t meet satellite must-carry requirements just by providing better notice of 2- dish option (CD April 5 p5), group of broadcasters said in petition for partial reconsideration (CSR-5865-Z). “No amount of communication efforts by EchoStar could bring EchoStar’s 2-satellite system into compliance with either the Commission’s rules or SHVIA” (Satellite Home Viewer Improvement Act), said petition filed by LeSea Bcstg., Christian TV Network, Carolina Christian Bcstg. Companies said look angle for 2nd satellite always was lower, so many DBS subscribers couldn’t use 2nd bird: “Any plan that includes segregation or separation of local television stations of any individual market into carriage on more than one satellite… is discriminatory or unlawful.” Stations said they doubted EchoStar would make carriage nondiscriminatory if there was any doubt about FCC decision: “The stations have endured a long and litigious path foisted on them by EchoStar” to get satellite carriage. Group, and law firm Hardy, Carey & Chautin, also said FCC didn’t have authority to give EchoStar grace period to come into compliance.