Ultra-wideband developer XtremeSpectrum said Fri. it supported Dept. of Defense position on UWB as laid out in letter this month to NTIA by Asst. Defense Secy. John Stenbit. He told Deputy Asst. Commerce Secy. Michael Gallagher that DoD required there be no intentional emissions below 4.2 GHz, except for imaging systems. XtremeSpectrum said it backed that caveat and had told FCC it supported DoD proposal. Company said CEO Martin Rofheart met with Sen. Warner (R-Va.) on upcoming FCC UWB decision and that Warner “pledged his support” for XtremeSpectrum and for solution that would meet concerns of both industry and govt. Rofheart said XtremeSpectrum’s proposal “more than meets all the department’s concerns regarding intentional emissions below 4.2 GHz.” He said requirement for low-power emissions in restricted bands would eliminate need for ban on communications between 2 battery-operated devices, or “peer- to-peer communications.” XtremeSpectrum described peer-to- peer networking as “key unresolved issue” before FCC in advance of Feb. 14 agenda meeting at which Commission is expected to take up UWB item. Washington attorney for XtremeSpectrum Mitchell Lazarus said ban on peer-to-peer communications as way to protect GPS and PCS systems from interference wasn’t necessary under “more flexible” solution of DoD. Rofheart described wireless peer-to-peer communications as “commercial driver” for UWB because it could deliver high data rates with lower power consumption. “If the FCC bans peer-to-peer communication for UWB by requiring a fixed, plugged-in node as part of all installations, there is no ability to leverage the low power consumption of UWB and the commercial industry will falter,” Rofheart said. Meanwhile, intense bickering over UWB continued in filings at FCC, showing how far apart some opponents remained on issue. AT&T Wireless, Cingular Wireless and Qualcomm, citing Qualcomm test results submitted to FCC this month, disputed emissions mask proposed by XtremeSpectrum that would be as low as 35 dB below certain Part 15 levels. Wireless companies said XtremeSpectrum proposal missed “fundamental point” that FCC must resolve. Carriers said tests had shown that “wireless phones suffer harmful interference as a result of transmissions from nearby UWB devices, and no private or public party, including XtremeSpectrum, the other UWB proponents and the Commission itself, has conducted any test of an emissions mask or other restriction to prove that such protective measures will successfully mitigate the harmful interference.” Wireless companies said they still urged FCC not to authorize UWB communications devices below 6 GHz. They expressed concern about critical aviation systems operating between 4.2 and 6 GHz.
Market power of cable remains hurdle DBS operators must overcome to become legitimate competitor, Satellite Bcstg. & Communications Assn. (SBCA) Pres. Andrew Wright said in report released late Thurs. He said 8th annual multichannel video marketplace report (CD Jan 15 p4) demonstrated dominance of cable and need for consolidation of DBS market. As of June 2001, cable operators had 69 million of 88.3 million U.S. multichannel video subscribers, up 1.3 million, for 78.1% of market, FCC survey said. DBS operators had 16 million subscribers and C-band 1 million. “It’s clearly premature to declare that competition has arrived” in MVPD marketplace, Wright said. Despite popularity of local-into- local, he said stringent must-carry regulations had “limited the rollout of local-into-local into smaller markets and threatens its further expansion.”
Competitive telecom industry is “at a crossroads” because decisions made by policymakers this year will determine its future, CompTel Pres. Russell Frisby said Thurs. at news briefing. There’s too much focus on Bell company investment and not enough on real innovators, competitive telcos, Frisby said. CompTel has 5 policy objectives for year, he said: (1) Assuring CLECs have access to Bell networks is most important, with CompTel paying particular attention to FCC’s triennial review of policy for unbundled network elements (UNEs). CompTel wants increased availability of unbundled local switching and UNE combinations, he said. FCC’s proposals to set performance standards for UNEs and special access also are key to network access, as is defeat of Tauzin-Dingell bill, Frisby said. (2) Assuring cost-based pricing, with CompTel anxiously awaiting U.S. Supreme Court decision on legality of TELRIC (Total Element Long-Run Incremental Cost) pricing, which it supports. (3) Enforcing rules because without that, “the results of all procompetitive FCC proceedings will be moot.” (4) Providing “reasonable and nondiscriminatory access” to rights-of-way, following up on CompTel’s recommendation last year that uniform process be set. (5) Assuring international market access. CompTel is concerned that “growing number of countries” aren’t complying with trade agreements, he said.
Saying recent audits showed “alarming trend” of nonadherence by cable operators to federal rules on customer standards, N.J. Board of Public Utilities notified industry that it intended to enforce federally mandated customer service standards and probably would impose stricter standards. Board said it found that in some cases customers calling with complaints were put on hold for periods one to 4 times longer than federal standard. Average hold exceeded 18 times federal standard, it said, and audits found some level of noncompliance at all but 6 of 44 cable systems. “New Jersey customers are owed the highest degree of quality service. Board enforcement of federal customer service standards will guarantee that this happens,” Comr. Carol Murphy said. FCC standards require that telephone answer time not exceed 30 sec. under normal conditions, and if call needs to be transferred, waiting period shouldn’t exceed 30 sec. Board said those standards should be met no less than 90% of time, with compliance measured on quarterly basis. Cablevision, Comcast and RCN are among leading providers in state.
FCC Comr. Copps will address National Telephone Co-op Assn. members on first day of annual meeting Feb. 11-14 in Anaheim -- 703-351-2000.
FCC is expected to finalize order as early as today (Fri.) that will return most of $3.1 billion in deposit payments that NextWave re-auction winners had sought after settlement agreement on licenses fell apart, sources said. Commission is expected to return all but 3% of amount that re-auction winners had put down on licenses, sources said. “What it does is it preserves the structure of the auction in case there is a settlement,” said Dan Pegg, senior vp of Leap Wireless, which is among re-auction winners that had sought return of down payments. Leap also has expressed interest in returning to settlement talks if other stakeholders also return, step that Verizon Wireless has said it wasn’t willing to even talk about until deposits were returned. If FCC hadn’t retained some portion of deposits, auction results would have been set aside entirely, Pegg said: “We're pleased that they are going to retain that 3% until either a settlement is reached or a final determination is made that one cannot be.” Companies that won NextWave licenses in re- auction year ago asked FCC earlier this month to refund $3.1 billion in down payments that agency has been holding without interest since Feb. 2000. As largest re-auction winner, Verizon Wireless share of down payments was $1.7 billion, followed by Alaska Native Wireless with $544.7 million and Salmon PCS with $416.2 million.
NCTA said Gemstar-TV Guide is wasting FCC comrs.’ time. Gemstar recently asked Commission to reconsider its decision that Gemstar’s electronic programming guide data was not entitled to must-carry privileges on Time Warner Cable’s systems (CD Jan 23 p 10). FCC said material transmitted through broadcasters’ vertical blanking interval was entitled to automatic carriage only if material was intended to be seen by same viewers as were watching main program, information was available in same time interval as main program or information was integral part of main program. “Gemstar’s petition rehashes the same arguments that the Commission soundly rejected,” NCTA wrote in filing at Commission. Problem began when TW started stripping EPG material out of broadcast signals, resulting in March 2000 complaint by Gemstar. In June 2000, TW reversed its decision and has been carrying Gemstar’s material ever since. However, TW and NCTA believe cable companies should not be compelled to carry material in VBI free.
FCC Chmn. Powell was in hospital for tests Thurs. because of what appeared to be long-lasting stomach flu, FCC Chief of Staff Marsha MacBride said. Powell first felt ill at Consumer Electronics Show Jan. 8, citing food poisoning, and cancelled appearance. Since then he has “not come back as quickly” as expected so tests were ordered, MacBride said. He entered hospital Wed. evening so he could be kept off food but still hydrated intravenously in preparation for tests. She said so far “everything looks fine” according to test results. Powell has missed several events this week, including appearance at NATPE conference in Las Vegas (CD Jan 24 p7) where Comr. Abernathy filled in.
CTIA Pres. Thomas Wheeler told FCC Chmn. Powell in letter Thurs. that if Commission chose to forbear on wireless local number portability (LNP), carriers would have $1 billion to spend on “consumers’ needs, rather than on this anticonsumer regulation masquerading in consumer clothing.” Verizon Wireless in July petitioned FCC to exercise forbearance on LNP requirements that begin Nov. 24, and other carriers have supported request and sought at least 30 month reprieve. State PUCs, wireless resellers and Leap Wireless have objected to forbearance request, arguing that it would harm consumer choice. Wheeler told Powell that one problem with LNP mandate was that it would “force carriers to redirect spending that otherwise would go to expanding consumer service.” Wheeler said wireless number portability had been estimated to cost $900 million to install and $500 million to maintain: “There is no cost/benefit analysis to support a Commission action that forces carriers to redirect scarce resources from system build-outs and expanded coverage to number portability that is neither mandated by Congress, nor warranted by a lack of wireless competition.” Wheeler contended that “in the name of competition,” Commission rule would put wireless carriers in position of having to choose between subscribers’ desire for competitive prices and competing consumer desire for service quality. “The funds necessary for the continued expansion of service quality are going to have to come from somewhere, especially if the availability of those funds is reduced by multiple billions of dollars [over the next several years] to pay for the number portability regulation,” Wheeler wrote.
CC Michigan, doing business as Charter Communications, had 2 wins at FCC Thurs. Company had petitioned Commission to rule that there was effective competition in Monroe and Petersburg, Mich., making company exempt from cable rate regulation. Citing census data and its own records, company said it had 225 subscribers out of 8,594 households in Monroe and 11 subscribers out of 423 households in Petersburg. FCC said company therefore was exempt. Separately, Helicon Group, also doing business as Charter Communications, won cable rate regulation exemptions in Vt. cities of Cabot, Calais, E. Montpelier, Marshfield, Plainfield, Woodbury, Worcester. Company said it had 306 subscribers out of 3,812 households in franchise area. FCC said company didn’t meet 30% threshold for company to be subject to cable rate regulation.