FCC, NTIA and Industry Canada reached agreement on spectrum- sharing requirements along U.S.-Canada border for U.S. Local Multipoint Distribution Service (LMDS) and Canadian Local Multipoint Communications Service (LMCS). Interim arrangement also covers certain services in 27 GHz, 29 GHz and 31 GHz. FCC said arrangement defined coordination requirements to help prevent cross-border interference. It said pact would help promote services such as high-speed Internet access and high-speed data. Arrangement calls for licensees of systems in 27 GHz to coordinate services on either side of border, with carriers encouraged to develop their own sharing agreements. If licensees work out their own sharing arrangement, FCC said that agreement will be followed rather than coordination process outlined in U.S.-Canada agreement. Without such sharing arrangements, coordination will be based on different power flux density (pfd) levels calculated at service area boundaries. In 29 and 31 GHz bands, coordination isn’t required if station generates pfd signal less than or equal to -105 dBW/m2 in any 1 MHz band at border. Above that level, coordination is necessary before deployment. In U.S., 27.35-27.5 GHz is occupied by federal govt. fixed and mobile systems and intersatellite service. That means NTIA and Industry Canada will represent licensees in arranging for coordination in that band segment, FCC said. “This arrangement gives licensees the flexibility to develop their own border-sharing agreements and will encourage expanded development of the 27, 29 and 31 GHz bands,” FCC International Bureau Chief Donald Abelson said. Arrangement includes list of service areas that may need to coordinate with each other. In Canada, 27 GHz band is designated for LMCS, but nation hasn’t yet designated radio service for 29 and 31 GHz. In U.S., 29 GHz is allocated for LMDS and in Canada for fixed and mobile service. Arrangement doesn’t apply to mobile services in those bands, although footnote to arrangement said it might be amended if Canada designated 29 and 31 GHz for fixed service. FCC said arrangement was part of its effort to negotiate agreements with Canada and Mexico to promote efficient spectrum use in border regions -- www.fcc.gov/ib/pnd/agree.
Helgi Walker, aide to FCC Comr. Furchtgott-Roth, will move to White House as assoc. White House counsel and special asst., his office said. Walker, who specialized in mass media and cable issues, will be replaced by Ben Golant of FCC Cable Bureau.
Salt Lake Organizing Committee will be broadcast frequency coordinator for 2002 Olympic Games and Paralympic Games in Salt Lake City, FCC said in notice Wed. Group will coordinate frequency use in 150 km radius from city during games, FCC said.
U.S. Supreme Court has turned down petition for review of FCC guidelines for health and safety standards of radio frequency radiation and procedures for FCC licensees to meet National Environmental Policy Act. Cellular Phone Task Force had lost appeal of FCC order last year in 2nd U.S. Court of Appeals, N.Y., which upheld Commission’s decision. Supreme Court turned down, without comment, group’s petition on Mon., effectively leaving FCC decision intact. FCC guidelines concern human exposure to RF radiation from transmitters and facilities. In part, Cell Phone Task Force had argued that Commission “arbitrarily” ignored expert recommendations that would tighten exposure standards.
Federation of Internet Solution Providers of the Americas (FISPA) urged FCC to extend today’s (Wed.) deadline for submitting reply comments on Commission’s cable open access inquiry. FISPA, which mostly represents smaller ISPs in Fla. and other states, asked agency to push deadline back 30 days to Feb. 9 to allow its members and other parties more time “to analyze the initial comments, evaluate the important legal, policy and operational issues regarding high-speed Internet access and prepare reply comments which will aid the Commission in its consideration of the questions raised in the notice of inquiry.” In 3-page filing with FCC last Fri., FISPA also argued that “the significance of these questions, their complexity and the large number of thoughtful and insightful comments filed in the initial round” weigh in favor of “a modest extension of time.”
LAS VEGAS -- Broadcasters offering data services are “very comfortable” that they can have good data business without running afoul of congressional pressure for HDTV, Matt Jacobson, exec. vp of iBlast, told CES convention here. Geocast Vp John Abel went further, saying hearing by House Telecom Subcommittee Chmn. Tauzin (R-La.) to pressure broadcasters on HDTV was “baloney.” Abel, former NAB exec. vp responsible for HDTV, also said still- undisclosed DTV test results “tilt in favor of staying the course” for using VSB-based standard.
U.S. Appeals Court, D.C., handed important victory to Assn. of Communications Enterprises (ASCENT) late Tues., vacating FCC order on one of conditions imposed on SBC-Ameritech merger in 1999. Court vacated order that covered tradeoff FCC made with SBC in which company was permitted to provide advanced services free of interconnection requirements if it created separate affiliate to provide those services. Decision focused on arguments by challenger ASCENT that FCC essentially was forbearing from regulating when it decided to bypass interconnection requirements of Telecom Act’s Sec. 251 because SBC would be providing advanced, not basic, service through separate subsidiary.
Citing U.S. World Trade Organization (WTO) promises, former Commerce Secy. and U.S. Trade Representative Mickey Kantor urged FCC to approve license transfers for proposed $34-billion VoiceStream-Deutsche Telekom merger. VoiceStream submitted Kantor statement before close of comment period on merger Mon. “This FCC proceeding is about more than the acquisition of a U.S. common carrier by a foreign company,” he said. “It is a test of the United States’ compliance with binding international legal obligations which were negotiated and entered into in good faith.” In acting on VoiceStream-DT application, FCC must move in way that’s consistent with U.S. obligations under WTO Basic Telecom Agreement (BTA), he said. “Failure to do so could invite initiation of a WTO dispute settlement action against the U.S. government and would establish for other WTO members an unwelcome precedent of noncompliance,” Kantor said. He warned that scope of sanctions under General Agreement on Trade in Services (GATS) wasn’t limited to sector in which violation was found. That means, Kantor said, that if U.S. were found to have violated GATS, “it could be liable for trade sanctions in any sector.” Also, if U.S. were to act in way that indicated backtracking on trade commitments, it could damage its negotiating power in current talks, such as GATS services negotiations, he said. FCC shouldn’t restrict access to U.S. telecom market “based on market conditions in other countries that do not affect competition in the United States,” he said. Binding U.S. commitments under BTA don’t hinge on other countries’ implementation of their own duties, he said. In other reply comments, Organization for International Investment rebutted concerns raised by Sen. Hollings (D-S.C.) and DT competitors such as Global TeleSystems and Novaxess. Hollings, ranking Democrat on Senate Commerce Committee, last month had renewed his call to FCC to reject application, underlining his opposition to telecom assets bought by companies with majority foreign govt. investment (CD Dec 18 p6). In other comments, Siemens advocated approval of merger, saying it would increase U.S. telephony competition. Transaction still awaits approvals of Dept. of Justice, FCC and Committee on Foreign Interests in U.S.
Proposal by Fixed Wireless Communications Coalition (FWCC) that seeks changes in FCC rules on access to spectrum for satellite services has drawn strong opposition from satellite and cable industries. Satellite Industry Assn. (SIA), Satellite Bcstg. & Communications Assn. (SBCA), World Teleport Assn. (WTA), Aerospace Industries Assn.(AIA) and National Cable TV Assn. (NCTA) filed comments opposing changes. Among things FWCC wants is declaratory ruling on partial band licensing of Earth Stations in Fixed Satellite Service (FSS) that share terrestrial spectrum, routine licensing of 3.7 meter transmit and receive stations on C- band and deployment of geostationary orbit FSS earth stations in share portion of Ka-band. Each of groups said changes wouldn’t be in public interest.
FCC C-block bidding edged up to $14.2 billion Tues. after 39 rounds, with Verizon Wireless solidifying its lead to $6.5 billion. While overall pace of bidding has slowed since auction resumed Jan. 4, Verizon Wireless bids picked up, rising from $5.1 billion in net high bids Mon. AT&T Wireless-backed designated entity Alaska Native Wireless came in 2nd with $2.5 billion, followed by Cingular Wireless-backed Salmon PCS with $1.9 billion. For first time on Tues., 2 N.Y.C. licenses edged up past $1 billion. Previously, Verizon had been bidding $1.17 billion for one license in that market, but it edged up bid for 2nd to $1.27 billion. Alaska Native Wireless is bidding $930.7 million for 3rd license there.