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.”
Vincent McBride, who was small business bidder in NextWave re-auction, asked FCC Chmn. Powell last week not to delay June 19 700 MHz auctions, saying in April 19 letter: “Any further delay… undermines the Commission’s efforts to ensure that small businesses are given full opportunity to participate in the wireless industry. We ask the Commission to remain confident in the numerous small businesses, which have shown a high interest in the 700 MHz auctions.” Separately, wireless provider Southern LINC, which was formed by energy company Southern Co. in 1993 to provide land mobile radio service to affiliated electric distribution utilities, also backed delay. FCC Wireless Bureau turned down CTIA request earlier this month to delay June 19 start for upper and lower bands in that spectrum. Southern LINC is commercial mobile service provider that also serves public safety agencies and other users. In April 15 letter to Powell, carrier cited “open issues” that it said remained on 700 MHz spectrum, including availability of spectrum for 3G services and role that 700 MHz could play in improving public safety communications that now experienced interference at 800 MHz. “Because of these significant uncertainties surrounding the future of the 700 MHz band, prospective bidders have inadequate information on which to develop business plans, assess market conditions and evaluate the availability of equipment,” Southern LINC wrote.
Echoing legal concerns raised by FCC Chmn. Powell over 700 MHz auction earlier in week, FCC Comr. Abernathy said Fri. that “absent a statutory change, I believe it is responsible for the FCC to move forward with the auction of this band before the end of the year.” Speaking to reporters after speech at World Computer & Internet Law Congress in Washington, Abernathy didn’t rule out “very brief” temporary delay to give Congress time to weigh in on statutory deadline of Sept. 30, 2002, for lower portion of the band. “It’s a very difficult situation,” she said. “The question for us is how do you explain not following a statutory mandate.”
FCC issued memorandum opinion and order Thurs. that, among other issues, rejected arguments that Commission shouldn’t consider use of band manager licensing in future for private wireless services. Decision, unanimously adopted March 14, addressed order and further notice on 1997 Balanced Budget Act changes to Sec. 309(j) and 337 of Communications Act. Action: (1) Reiterated that public safety radio services exemption of Sec. 309(j), which authorized FCC to award spectrum licenses through auction, applied to services and not specific users. FCC affirmed dominant use test previously laid out by Commission as way to ascertain whether particular service qualified for public safety exemption. (2) Retained mandatory 5-year holding period for modification of 800 MHz private land mobile radio service authorization to permit commercial use. (3) Affirmed earlier FCC decision that applicant must demonstrate there was no public safety spectrum available to “satisfy the public safety service use before it can be granted a waiver” under Sec. 337. On band managers, which FCC adopted for 700 MHz guard bands, Commission rejected arguments by several utilities that allowing band managers in utility bands such as 900 MHz appeared to be way to circumvent auction exemption for public safety radio services. “In essence, these entities equate band manager licensing with the use of competitive bidding, which they oppose in the private services,” Commission said, noting it had rejected such arguments in past. Objections of utilities are “premature” because FCC has said it would examine eligibility restrictions in future on service- specific rulemakings, agency said. FCC previously examined scope of public safety radio services exemption and how it would handle cases in which mutually exclusive applications were filed for public safety services. At that time, it concluded exemption applied to specific services, not users. Nearly dozen petitioners argued exemption should apply to specific users and that all private radio spectrum users who met terms of statutory exemption were “auction-exempt.” Energy companies Cinergy and Entergy, for example, argued that FCC lacked authority to conclude that spectrum allocated for use by utilities was subject to competitive bidding. Commission disagreed, noting that Congress specifically referred to “services” in statute. In other areas, United Telecom Council asked FCC to clarify certain spectrum issues for private wireless services, such as whether there would be future allocations for public safety and whether utilities, pipelines, metro transit systems and railroads would have access to existing public safety allocations. FCC said it could create separate designation for public safety services under Part 90, either by allocation or service rules, but it declined to speculate on amount of spectrum that would be available, saying it would be decided in specific proceedings.
Private wireless operators asked FCC Chmn. Powell Tues. to delay June 19 start of 700 MHz auction, citing proceeding at Commission to eliminate interference at 800 MHz. FCC Wireless Bureau turned down CTIA request last week to delay auction for upper and lower bands at 700 MHz (CD April 11 p1). Letter by 8 representatives of private land mobile radio services (PLMRS) cited comment period that Commission had opened for notice of proposed rulemaking that addressed interference experienced by public safety operators at 800 MHz. Private wireless community said several proposals “under preliminary discussion” involved retuning some incumbents 800 MHz licensees to 700 MHz band, including licenses covered by Ch. 60-69 auction. “While it is premature to assume that one of these proposals is the best course of action available, or the course of action the Commission ultimately will follow, it is equally premature to eliminate such proposals from consideration by going forward with the auctions on the scheduled date,” letter said. Groups said comment period for NPRM ends May 6, 2 days before short forms from auction participants are due at Commission. “It would be a disservice to thousands of 800 MHz incumbent licensees, and to the nation’s public safety needs, to allow the 700 MHz auction to proceed after interested PLMRS parties have expended extensive time and resources to devise a workable solution dependent on the availability of that spectrum,” letter said. Filing was signed by Aeronautical Radio Inc., American Assn. of Railroads, Forest Industries Telecommunications, Industrial Telecommunications Assn., frequency coordinator MRFAC, National Assn. of Mfrs., Small Business in Telecommunications, United Telecom Council. Groups said FCC appeared “eager to consider any and all reasonable solutions to 800 MHz public safety interference.” Saying that that was among themes raised at recent NTIA Spectrum Summit, letter said holding auction on current timeline could compromise “the Commission’s ability to meet that imperative.”
FCC Media Bureau approval of TV channel moves by Paxson and Hour of Harvest Inc. (HOH) would “fly in the face of well- established communications policy and standards,” MSTV said in petition to Commission. Group was referring to bids by broadcasters on Ch. 60-69 to move to lower channels, clearing spectrum for other uses but requiring waivers of FCC interference rules. Media Bureau rejected first proposals by Paxson and HOH, but suggested they refile with specified modifications. Bureau action “implies” that modifications would mean applications could be approved, MSTV said, but waivers still would be “of unprecedented magnitude. It said Bureau “threatens” to change FCC interference standards without use of formal rulemaking and “without the requisite opportunity for public notice and comment.” MSTV said Paxson proposal alone would require short- spacing of 17 stations and would affect land mobile operations. Bureau indicated FCC “may be on the brink of transgressing the allotment principles the Commission, Congress and the court have long upheld,” MSTV said. It said all but one of applications would result in short spacing to more than one existing station: “The policy implied in the letter would, if adopted, drive a Mack truck through 50 years of national communications policy… without any public participation.” Policy would “degrade the public’s existing analog and future digital television service,” MSTV said.
Telecom Right-of-Way (TelROW) Coalition urged House Resources Committee panel to move legislation (HR-3258) by Rep. Cubin (R-Wyo.) that would establish market-based fee criteria for fiber projects crossing federal lands. TelROW Exec. Dir. Eric Myers told the Parks, Recreation & Public Land Subcommittee Thurs. bill would ensure federal agencies charged right-of-way (RoW) fees based on fair market value of land, rather than value of infrastructure being deployed. Bureau of Land Management (BLM) and Forest Service had considered modifying their respective policies, but since have backed away from implementing fee schedule based on factors such as number of fiber strands in telecom projects. Myers suggested federal govt. apply “cost or impact-based methodology” to private sector use of public land, similar to how govt. determines payment when it acquires privately held land: “Since there is no true market in federal land, overall valuation, as well as the cost of the land impact, must be estimated.” He said that approach was “universal methodology” used to determine payments for RoWs “obtained from private parties in condemnation proceedings.” Peter Culp, BLM’s asst. dir.-Minerals, Realty & Resources, said Cubin bill wouldn’t “allow for fair market rates of return for [RoWs] on public lands.” He said it would “delay, rather than expedite, the processing of RoWs” since bill would “require a time-consuming, multiple appraisal process for every RoW before issuance or renewal.” Culp said HR-3258 would increase, rather than stabilize, RoW assessment costs: “For lengthy, linear RoW projects, it will be especially problematic to determine the current values of the multiple parcels of land that a RoW crosses. The costs of these additional appraisals inevitably will be passed on to RoW applicants as part of the federal government’s costs in processing a RoW.” Panel also was scheduled to hear testimony on bill by Rep. Bono (R-Cal.) that would grant RoW to RM Bcstg. Co. in Joshua Tree National Park in Cal. Public Employees for Environmental Responsibility (PEER) said hearing didn’t include representation from parks conservation community. PEER Counsel Dan Myer said Bono bill (HR-3718) concealed fact that RoW provided under bill would give RM Bcstg. access to illegal road company built in protected wilderness: “Never has Congress enacted a law to grant a right- of-way across already designated wilderness. Mary Bono may not know that her seemingly modest proposal is precedent-setting. More disturbing still, this bill would reward illegal conduct.”
After “sleepless night,” CEA Pres. Gary Shapiro said he would begin meeting with CEA members on possibility of compromise on FCC Chmn. Powell’s DTV plan. CEA had indicated DTV tuner portion of plan would be unacceptable because of cost of adding tuners to low-priced TVs. However, Shapiro, in Mon. keynote at MSTV meeting during NAB convention in Las Vegas, indicated CEA was caught partly by surprise by Powell announcement and might have to “modify our initial reaction a bit.” Shapiro wouldn’t discuss possible shape of compromise, saying only that he would discuss issue with members and “see what we can do.” He told us later some members might find including tuner easier than others: “There is some room for discussion.” There were other indications at convention that CEA might seek stronger commitment on cable compatibility issues in return for agreeing to some version of tuner plan, although timing of tuner adoption also remained issue. -- MF
There still are too many questions about AM version of in- band, on-channel (IBOC) digital audio broadcasting (DAB) system to allow night-time operation, National Radio Systems Committee (NRSC) decided at Las Vegas meeting Sat. NRSC earlier had approved full operation of FM version of IBOC, but committee members felt “the verdict is still out” on AM version, said Milford Smith of Greater Media, chmn. Of NRSC DAB committee.
Bill by Rep. Cubin (R-Wyo.) that would clarify how govt. determined rights-of-way (RoW) fees assessed on fiber projects crossing federal lands will be subject of House Resources Committee panel hearing April 11. Bill (HR-3258) would amend Federal Lands Policy & Management Act by requiring Interior and Agriculture departments to base RoW fees on fair market value of land. Goal of legislation is to prevent “unreasonable” increases in costs associated with telecom and other critical infrastructure deployment projects. Cubin, Telecom ROW Coalition Executive Dir. Eric Myers and representative from Bureau of Land Management will testify before National Parks, Recreation & Public Lands Subcommittee, industry source said. Hearing is 2 p.m., Rm. 1334, Longworth Bldg.