Communications Litigation Today was a service of Warren Communications News.

Order Circulated Ending Receiver Standards Inquiry

Chmn. Martin is circulating an order that would end the Commission’s receiver standards proceeding, one of the few vestiges of the Commission’s Spectrum Policy Task Force - a major effort of former Chmn. Michael Powell. Martin has also recently circulated an order ending the interference temperature proceeding, another recommendation of the task force (CD March 22 p2).

The FCC launched an inquiry on receiver standards to much fanfare 4 years ago (CD March 14/03 p1). Comr. Martin said then that “receiver standards -- when coupled with guidelines for transmitters -- could dramatically reduce the potential for harmful interference.” But incumbents, including the major carriers, have strongly opposed the proposal. Historically, the Commission has focused on preventing interference by regulating power levels and emissions from transmitters.

“The FCC has never established receiver standards,” a lawyer active on spectrum issues said Thurs.: “There are a lot of parties that were concerned about the establishment of any type of standard… There are a lot of receivers that aren’t as robust as they could be, and that makes it difficult for new entry and more intense sharing of the band.”

Typical of the opposition that the proposal prompted, PCIA said in a filing that “mandatory standards in the long run will stifle innovation and reduce spectrum efficiency.” CTIA said: “[M]arket forces have proven to be more than adequate to ensure efficient and effective use of CMRS spectrum and… receiver requirements could have the contrary effect of impinging on competition and limiting the introduction of new innovative uses.”