NTIA expressed concerns last week to FCC that without appropriate safeguards in proposal for use of software defined radio (SDR), “this flexibility may lead to unauthorized spectrum usage.” NTIA submitted comments on notice of proposed rulemaking (NPRM) adopted by FCC (CD Dec 8 p1) that would streamline equipment approval processes. SDR technology allows wireless phones to receive intelligence from software rather than hardware, meaning radios can be changed quickly to transmit on different frequencies and in different formats. NPRM proposes SDR definition as transmitter for which operating parameters, including frequency range and modulation type, could be altered in software without making hardware changes. Proposal would streamline equipment certification procedures so that new operating parameters could be set via software without relabeling equipment already in field. NTIA said FCC had proposed that changes in frequency, power and modulation type of SDR could be authorized as new class of permissive change, called Class 3. FCC proposed that Class 3 permissive changes be made only to equipment in which no hardware changes have been made in original device. “NTIA does believe that, in order to verify that after the modifications authorized under a Class III permissive change, the SDR still remains compliant with the Commission’s operating and service rules… the combination of the hardware and the software modification must be reauthorized.” NTIA said proposal wasn’t clear on whether all possible combinations of installed software must be tested or whether it was sufficient to test each waveform separately. NTIA recommended that, in coordination with SDR industry, FCC examine security features that could be used to prevent unauthorized modifications that could change SDR compliance. SDR Forum said it backed NPRM and sought quick adoption of rules. As for tentative conclusion that radio software and hardware should be approved in combination, forum said that as technology advances, it might make sense to test them separately, Forum said. “Testing numerous versions of software with many versions of the underlying radio equipment could become burdensome,” Forum said, and combined testing would make sense until manufacturers and FCC had acquired more experience with technology. Among recommendations in its comments are that FCC: (1) Revise SDR definition to recognize software changes that affect both desired and undesired emissions and to permit hardware changes that don’t affect emissions of either type. (2) Not require declaration that radio is SDR at time of original equipment authorization. (3) State clearly that Class II permissive change is required only when undesired emission are degraded.
Wireless industry is watching closely final reports due Fri. from FCC and NTIA on potential spectrum that can be tapped for advanced wireless services, including 3G. Several sources have indicated they didn’t expect significant changes in FCC draft report issued last fall, which said segmenting and sharing in MMDS and ITFS bands to allow operations of advanced mobile services would pose technical challenges. One widely expected change is that final NTIA report will be much more inclusive than draft on interference concerns raised by Defense Dept. NTIA interim report last year had outlined potential spectrum sharing and segmentation opportunities in some cases between new wireless users and govt. incumbents. Serious challenge draft cited was sharing with uplink satellite control systems. But Pentagon sent letter to Commerce Secy. Donald Evans last month raising concerns that loss of access to spectrum beyond that relinquished by military in Omnibus Budget Reconciliation Act of 1993 and 1997 Balanced Budget Act “would jeopardize the DoD’s ability to execute its mission.” DoD is submitting report to NTIA for inclusion in final report. Letter to Evans says DoD report concludes that sharing 1755-1850 MHz isn’t possible “due to predictable, mutual interference over large geographic areas and major metropolitan centers.” Mitigating expected interference “would require unacceptable restrictions on military operations, training and readiness,” former Deputy Defense Secy. Rudy De Leon said. He told Evans that DoD report concluded that “regardless of financial investment,” Pentagon couldn’t vacate or segment band until at least 2010 for nonspace systems and at least 2017 for space systems. Those dates could stretch out to 2030 for some satellites, he wrote. DoD said that such conclusions were based on principle that DoD couldn’t accept any degradation of its mission capability as result of spectrum reallocation. “The 1755-1850 MHz band is indispensable to the defense of the United States and its allies,” DoD wrote. “Our nation’s armed forces would be at a substantial strategic and tactical disadvantage in combat and the execution of military operations could be jeopardized if the Department lost its use of the band.” “I think that they are viewing the DoD report as the basis of their report and they are going to follow it,” said one industry source of upcoming NTIA report. Industry, on other hand, has outlined scenarios in which segmentation and sharing are possible in band at least in short-term to mitigate interference issues. With both FCC and NTIA reports expected to focus on challenges to sharing in respective bands, attention in industry is turning to who in Bush administration will take most active role as FCC and NTIA negotiate, sources said. “As a matter of practical negotiation, FCC doesn’t hold many strong cards,” said Precursor Group analyst Rudy Baca. “FCC is asking NTIA/the government for some of their spectrum ‘please.’ The response is usually, ‘No, it’s ours and we need all of it.'” As result, it becomes more difficult to carry out simple negotiations between FCC and NTIA, when former lacks full complement of commissioners and latter doesn’t yet have permanent director, Baca said. “It is going to take someone higher up in the Administration -- maybe Secy. of Commerce Don Evans or somebody in the White House.” MG
Option B of EEO rules isn’t essential to FCC’s goal of ensuring that broadcasters “engage in broad outreach in recruiting new employees,” agency told U.S. Appeals Court, D.C., late Wed. in support of its petition for partial reconsideration of court order in dismissing rule “in its entirety.” In throwing out rules, court had said Option B “put official pressure on broadcasters to recruit minority candidates, thus creating a race-based classification that is not narrowly tailored to support a compelling government interest and is therefore unconstitutional” (CD Jan 17 p1). Just one work day after Commission sought partial consideration (CD March 5 p9), in unusual move court sought additional information from Commission.
Attorneys for FCC and Coalition for Noncommercial Media (CNM) squared off in U.S. Appeals Court, D.C., Thurs. over Western N.Y. Public Bcstg. Assn. (WNYPBA) plan to sell its 2nd noncommercial station to commercial broadcaster LIN TV for $26.2 million (CD Nov 9 p5). Washington-based CNM, which opposes conversion of PTV station to commercial broadcaster, is seeking to overturn Mass Media Bureau’s approval of that switch because move would leave Buffalo area without one of its 2 public stations. But FCC stoutly defended its approval as justified after dismissing 2 CNM counterproposals to preserve both stations as noncommercial entities. WNYPBA, which originally planned to sell station to Sinclair Bcst. Group, is pursuing sale to finance DTV conversion of its remaining station.
Young Bcstg asked FCC to impose sanctions on EchoStar in companies’ dispute over inability to reach retransmission agreement (CD March 7 p2). In earlier petition, EchoStar had accused Young of failing to negotiate in good faith, which Young denied. In its answer and request for sanctions, Young said it had complied with good-faith negotiations standards of FCC and hadn’t committed any violations. It said its conduct had been above board and it disputed allegations that it improperly exercised market power and hindered competition in MVPD market. EchoStar’s complaint, Young said, was based on series of misrepresentations of fact and law and should be summarily dismissed.
Research firm New Networks Institute (NII) asked FCC, N.Y. PSC and New York Attorney Gen.’s office to investigate findings by CWA that Verizon falsified service quality data and made other infractions. NII said neither FCC nor state regulators had followed up on Nov. 2000 union study of Verizon’s service quality reports. CWA study, submitted to N.Y. PSC as part of its oversight of Verizon’s alternative regulation plan, was based on experience of phone company workers.
S.D. PUC Comr. Laska Schoenfelder (R), 63, died Wed. of cancer. She was first elected to PUC in 1988 and last Nov. was elected to her 3rd six-year term. Earlier, she held positions with S.D. local and state govt. agencies. She had been member of NARUC’s Telecom Committee since 1991 and was one of 4 state members on Federal-State Joint Board on Separations. FCC Chmn. Powell said FCC was “grieved” to hear Schoenfelder had died. “I considered her a great public servant and an invaluable asset to the nation in our implementation of the [Telecom Act] and particularly… universal service,” he said. Survivors include husband, 5 children.
LAS VEGAS -- FTC Comr. Orson Swindle urged wireless industry at CTIA Wireless 2001 show here to focus on self-regulation for protecting consumers’ location-based information, saying that could stave off congressional action. “If you're going to wait around and not deal with a critical issue, then government is probably going to turn around and do something and I don’t think that’s the best solution,” said Swindle, who lauded CTIA petition to FCC that proposed principles for protecting privacy of location-based information. He warned of “incredible harm if we do it the wrong way, especially if we rush into it screaming ‘Oh, my God, Henny Penny, the sky is falling’ before we even understand the business models we are dealing with.”
Communications lawyers on Washington Legal Foundation panel on FCC and Communications Policy split 2-2 on whether major revamp of FCC is needed immediately. “It’s hard to disagree about the need to overhaul the FCC,” according to attorney Nick Allard of Latham & Watkins. Moderator and former FCC Chmn. Richard Wiley did disagree, sharply, with Allard -- who called for abolishing 4 of 5 commission seats and actively involving Commerce Dept. and NTIA in regulation of various communications industries. What FCC needs, countered Wiley, is more delegation of authority to staff and more rapid decisions -- something that can be accomplished with present structure -- and “Chmn. Powell can get it done.” Because of Congressional respect for Powell, any agency reform “is going to come first from the FCC itself,” rather than from Hill, Wiley predicted. Panelist Charles Kennedy of Morrison & Foerster generally agreed with Allard, while David Poe of LeBoeuf, Lamb, Greene & MacRae partly sided with Wiley. Commission doesn’t need revamping for short term, Poe said, but major overhaul may be necessary in long term. Kennedy said FCC operations were “outmoded… We are going to have to make some fundamental changes… if things don’t turn around.” Allard listed 10 questions that must be answered on FCC’s future, including whether competition was prerequisite for deregulation or was it other way around and did Commission’s current organizational structure make sense. Poe said Powell had shown “he’s not afraid to grapple” with tough issues and that there are many “ambiguities and contradictions” in 1996 Telecom Act. “Statutory reform” of FCC is needed, he said, but it will be very hard to get Congress to pass legislation on issue. On digital TV, Poe said FCC had tried to push broadcasters into new technology but “you can’t make a market if the market isn’t there.”
FCC denied petition of GTE Hawaiian Tel International (GTE Hawaiian) to waive Commission’s International Settlements Policy (ISP) to change accounting rate for switched voice service to Vietnam. Agency earlier had suspended modification request because foreign carrier in Vietnam, Vietnam Telecom International (VTI), offered higher accounting rate at later effective date to GTE Hawaiian than one negotiated with other U.S. carriers. Because result would be significant disparity in accounting rates among U.S. carriers, VTI’s refusal to negotiate comparable terms and conditions for service on U.S.-Vietnam route violates ISP, FCC said. Commission directed GTE Hawaiian to renegotiate nondiscriminatory agreement with VTI and to settle on interim basis at lowest rate VTI had negotiated with other U.S. carriers. VTI previously entered into agreements with AT&T, MCI WorldCom, Sprint.