FCC Chmn. Powell told reporters after Thurs. agenda meeting that Commission wouldn’t be held by deadline of today (Fri.), as requested by wireless carriers for making decision about repayment of deposits to NextWave re-auction winners. “It wasn’t well advised to give Congress a deadline,” Powell said. “It is not better advised to give the Commission a deadline,” he said, alluding to Dec. 31 cut-off for congressional approval that had been part of settlement reached by govt. and industry on NextWave licenses last year. Congress failed to take action by deadline, causing that settlement agreement to expire. “We will make the right decision in the right amount of time,” Powell said. 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 had been holding without interest since Feb. 2000. Dozen carriers, including largest re-auction winner Verizon Wireless, said they were losing at least $430,000 per day of interest. Powell declined to comment on timing of deposit decision, but said things were in “lull” now as FCC moved forward on litigation front. Powell said during press briefing that it was important to recognize that on settlement, Congress was given very short window in which to act on proposal. And he said it’s unclear if Congress will be interested in taking up settlement agreement anew when it returns. “I think that at least is still a possibility,” he said. “But time doesn’t stand still.” In meantime, Supreme Court proceedings is still moving forward. “It makes it difficult to be both adversaries and negotiating parties at the same time.” Commission has petition for certiorari pending before U.S. Supreme Court on U.S. Appeals Court, D.C., ruling last year that overturned FCC’s cancellation of NextWave licenses for missed payment. Verizon Wireless has said it won’t entertain possibility of new settlement discussions until deposit repayment is resolved.
FCC meeting was devoted to reports by each bureau chief on activities in last year and future plans -- and backlog reduction was mainstay of most reports. Common Carrier Bureau Chief Dorothy Attwood said pending petitions for reconsideration were down to 1/3 of last year’s level. International Bureau Chief Donald Abelson reported 55% reduction in number of applications for review and petitions for reconsideration that had been pending more than 180 days. Wireless Bureau Chief Thomas Sugrue said percent of applications and items pending more than year had dropped to 0.24% now from 13% in Dec. 1998. Enforcement Bureau Chief David Solomon reported “virtually eliminating” backlogs in some areas.
FCC denied must-carry complaint filed by N. Pacific International TV, licensee of commercial TV station KHCV (Ch. 45, Ind.) Seattle against DirecTV. KHCV said DirecTV was providing local-into-local satellite service in its market and had failed to meet its must-carry obligations under broadcast signal carriage rules. DirecTV said it never received must-carry election notice from KHCV, which station said it sent June 19. DirecTV said there was no evidence it was properly and timely notified of KHCV’s must-carry election and complaint should be dismissed. Commission said satellite carriers shouldn’t be subject to election and carriage requests that failed to meet requirements of FCC rules, and KHCV had failed to establish adequately that its election was mailed or received. FCC denied similar complaint by N. Pacific against EchoStar, also for failing to prove that its election notice was sent or received. Commission denied must-carry complaint against DirecTV filed by Johnson Bcstg., licensee of KLDT (Ch. 55, Ind.) Lake Dallas, Tex.. It said KLDT had notified DirecTV of its election one day after Commission-imposed deadline of July, 1, 2001.
Assn. of Public-Safety Communications Officials International (APCO) warned FCC Chmn. Powell that potential ultra-wideband (UWB) interference in bands below 6 GHz posed “unacceptable” risk to public safety operations. In Jan. 16 letter released Thurs., APCO Pres. Glen Nash acknowledged that some proposed UWB operations could be useful for public safety agencies, but he told Powell: “A greater concern is that widespread unrestricted deployment of commercial UWB devices could cause harmful interference to public safety radio systems and to critical GPS-based technologies used to locate emergencies.” APCO was particularly concerned about “uncontrolled, unpredictable” UWB operations indoors. “Within buildings, low-power portable public safety radios (all of which operate below 1 GHz) may be susceptible to signal degradation caused by increased noise levels produced by UWB devices,” APCO said. Nash said that at 800 MHz, these radios already faced interference from Nextel and other adjacent cellular systems. “Adding potential UWB interference to that scenario is unacceptable,” APCO said. Group also cited concerns that potential impact of UWB signals on GPS systems could compromise accuracy of Enhanced 911 systems that relied on GPS to pinpoint location of emergency callers. “We urge the Commission to proceed with great caution in its consideration of this important issue,” Nash said. Separately, AT&T Wireless, Cingular Wireless, Qualcomm, Sprint PCS and Verizon Wireless wrote to Powell Thurs. reiterating their concerns about UWB’s impact on wireless phones, including E911. Wireless coalition cited letter earlier this week to NTIA from Asst. Secy. of Defense for Command, Control, Communications & Intelligence John Stenbit (CD Jan 15 p1). He outlined DoD’s UWB position, saying Pentagon required that there be no intentional emissions below 4.2 GHz except for imaging systems. Stenbit also acknowledged that other agencies had concerns about higher frequencies. Citing higher cutoff of 6 GHz backed by Dept. of Transportation and NASA, wireless carriers said they continued to agree with higher cutoff. Group also cited recent test results that carriers said showed harmful effect of UWB on Qualcomm’s E911 technology, gpsOne. Verizon and Sprint are rolling out that technology to meet FCC’s E911 requirements. “These tests proved that gpsOne technology incorporated into wireless phones to provide E911 service will not operate reliably or accurately in the face of UWB emissions,” letter said. “There is no basis to authorize UWB communications devices below 6 GHz.”
FCC Chmn. Powell confirmed Thurs. that Edmond Thomas would be named chief of FCC’s Office of Engineering & Technology (CD Jan 17 p9). Powell said at agenda meeting that Thomas “brings a wealth of technology development and management expertise to OET at a critical time for communications technology.” Acting OET Chief Bruce Franca and Julius Knapp will continue as deputy chiefs. Franca had served in acting role since Dec. 2000.
FCC issued order on cellular service rules for Gulf of Mexico service area (GSMA) that took bifurcated approach to cellular licensing split between eastern and western parts of region. Eastern Gulf includes Fla. coast and western half covers Ala., La., Miss. and Tex. Gulf coast. Regions are split because in eastern area there are no offshore gas and oil drilling platforms for cell sites. FCC adopted proposal to create coastal zone in which cellular unserved area licensing rules would be in effect. In Western Gulf, cellular service will continue to be covered by existing rules. Commission created Gulf of Mexico Exclusive Zone, covering Western Gulf and parts of Eastern Gulf outside of coastal zone, “in which the Gulf carriers will be exclusively licensed to operate,” it said. In 1980s, FCC first authorized cellular service in Gulf of Mexico, allowing companies to operate throughout GSMA, which extends to shoreline. Gulf carriers had been restricted to placing transmitter sites on offshore platforms and couldn’t use land-based transmitters for service area. Land-based wireless operators also faced restrictions because they couldn’t extend their service area contours into GSMA, FCC said, resulting in conflict between Gulf carriers and adjacent land-based carriers. In some cases, that has led to coverage gaps either on land or over water. In Eastern Gulf, where offshore oil or gas platforms aren’t built out, FCC concluded that best way to ensure “seamless” cellular service was to adopt proposal to create coastal zone along eastern part of GSMA. That will let land-based carriers extend service area contours into coastal waters, allowing them to add cell sites close to shore and to bolster signal strength. In Western Gulf, Commission said best way to achieve reliable service was to encourage continued reliance on negotiation and market-based solutions. It cited agreements already reached by PetroCom and US Cellular as well as several land- based carriers.
FTC gave antitrust okay to $1.5 billion Vivendi-EchoStar deal late Mon. under early termination process, which typically takes 30 days. Vivendi agreed to invest in EchoStar Dec. 14 in exchange for carriage of 5 Vivendi channels on nonexclusive basis (CD Dec 17 p3). FTC announcement was followed immediately by Pegasus filing at FCC Tues. that accused EchoStar of reneging on public promise of not employing strategy of vertical integration. Pegasus filed petition to temporarily suspend pleading cycle for EchoStar takeover of Hughes. FCC also gave EchoStar authority to launch and operate EchoStar 7 satellite at 119 degrees W.
SAN JOSE -- Broadband wireless needs strong industry hand to focus on major business opportunities and persuade rival vendors to cooperate in generating mutually advantageous technical standards, Harris Corp. executive told Wireless Communications Assn. conference here Wed. “You need effective industry leadership,” said Kwame Boakye, Harris technology vp and FCC Technical Advisory Committee member. He cited the ADSL and ATM forums as positive role models for “transform[ing] technology to business.”
Edmond Thomas is FCC Chmn. Powell’s choice to become chief of FCC’s Office of Engineering & Technology, we've learned. Bruce Franca, who has been acting OET chief, is expected to remain as deputy dir., post that he held before taking over as acting chief upon departure of Dale Hatfield last year. Thomas is consultant at OET until final paperwork clears, sources said. Thomas most recently had been CEO of Philips Electronics subsidiary MMRadiolink and has held senior positions with Bell Atlantic/NYNEX and AT&T. He has bachelor’s and master’s degrees in electrical engineering from Rensselaer Polytech Institute and MBA from Pace U.
Resolution of Microsoft antitrust case could affect how other high-tech, Internet and telecom industries are regulated by govt., Progress & Freedom Foundation Pres. Jeffrey Eisenach said Wed. “The Microsoft case is an antitrust approach as opposed to a regulatory approach,” said Eisenach, whose foundation supports settlement that would change Microsoft’s structure. If there is no resolution of Microsoft case, govt. eventually may be forced to step in and regulate software manufacturer, he said. As Microsoft expands into other telecom and Internet areas, such regulation could follow into those sectors, Eisenach said, using Microsoft’s expansion into videogame and ISP markets as examples of company’s “embrace and extend” business philosophy.