The FCC’s decision giving Nextel 1.9 GHz spectrum as part of the 800 MHz rebanding doesn’t violate federal law against private sale of public resources, the GAO found. Verizon dropped its legal objections to the rebanding order last week, and the GAO action was one remaining area of uncertainty (CD Nov 3 p1).
Howard Buskirk
Howard Buskirk, Executive Senior Editor, joined Warren Communications News in 2004, after covering Capitol Hill for Telecommunications Reports. He has covered Washington since 1993 and was formerly executive editor at Energy Business Watch, editor at Gas Daily and managing editor at Natural Gas Week. Previous to that, he was a staff reporter for the Atlanta Journal-Constitution and the Greenville News. Follow Buskirk on Twitter: @hbuskirk
An FCC source said while the Triennial Review Order’s final UNE rules appear a “virtual certainty” to get a vote at the Dec. meeting, the Commission has more “leeway” to delay the DTV transition. The source noted that the victory this week of President Bush means Chmn. Powell has more time to complete his agenda. “There’s obviously less urgency now,” the source said: “Powell doesn’t have to leave.”
Verizon Wireless agreed to buy all of NextWave’s PCS licenses for $3 billion, the companies said Fri. A federal Bankruptcy Court will be asked to rule on the request at a Nov. 30 hearing in White Plains, N.Y., since the sale represents NextWave’s new reorganization plan. Meanwhile, a top FCC official said the deal likely won’t set off regulatory red flags.
The FCC has sent its 800 MHz rebanding order to the Govt. Printing Office, where it could appear in the Federal Register as early as today (Fri.). Publication is significant since it starts the clock running on forcing Nextel to make a decision as to whether it will accept the proposal. Verizon Wireless and Nextel reached a pact this week under which Verizon agreed to drop legal challenges to the order.
Nearly 5 months after it was adopted, the FCC is about to publish in the Federal Register its long-awaited order promoting provision of wireless broadband on spectrum previously set aside for educational channels. The FCC approved the ITFS-MDS rebanding order June 10 amid much fanfare. The Commission last week approved an erratum sought by the Wireless Communications Assn. making clarifications and launching the rebanding process.
Nextel and Verizon Wireless Tues. called a truce ending their fight over the FCC’s 800 MHz rebanding order. Under an agreement, Verizon won’t oppose the plan, which will give Nextel 10 MHz of 1.9 GHz spectrum nationwide. In return, Nextel dropped a lawsuit against Verizon challenging its use of the term “push to talk,” “PTT” and all related terms. Nextel said it wouldn’t pursue trademark or other claims.
Wireless carriers told the FCC they shouldn’t be forced to transmit emergency messages through text messages on mobile phones. Led by CTIA, carriers noted that efforts to develop a more effective Emergency Alert System (EAS) were under way and a voluntary approach would work best. The Rural Cellular Assn. said in a white paper filed as a comment in the proceeding that wireless phones may be particularly ill-suited as warning devices.
Chmn. Powell has decided to pull the controversial air-to-ground (ATG) order from consideration at the Nov. agenda meeting, we learned. Sources said the problems proved too difficult to work through in the unusually short time between the Oct. and Nov. meetings. Powell first received an ATG proposal from the Wireless Bureau for a vote at the Oct. meeting, but decided not to circulate the item and sent it back for more work. This month he started to circulate an order on the 8th floor, but because questions remain the order won’t be on the sunshine agenda due to circulate Tues. Several key players including the Assn. of Public Safety Communications Officials and Nextel asked the FCC for a delay. “I think there was a certain inevitability to the item being pulled,” said one source who has been lobbying the FCC on the issue. “I said all along they'd be lucky to make the Nov. meeting.” A 2nd source said: “It’s really helpful to have the additional time for the Commission to fully vet and analyze the new AirCell-Boeing plan and understand and address the issues that need to be addressed.” The ATG order explores how to reengineer the process of making phone calls on commercial flights. The fight pits incumbent Verizon AirFone, which wants the FCC to auction a single license, against AirCell and Boeing. An item addressing the use of 4.9 GHz spectrum by public agencies is still expected to get a vote.
ANNAPOLIS -- FCC Office of Engineering & Technology Chief Edmond Thomas said the Commission’s proposed advanced wireless services (AWS) auction dramatically demonstrates the need to reform how the FCC reallocates spectrum between the govt. and private sectors. Thomas told the Dept. of Defense Spectrum Summit here Fri. the 90 MHz reallocation -- 45 MHz of which is coming from govt. spectrum, possibly through federal legislation (CD Oct 29 p1) -- has taken far too long.
ANNAPOLIS, Md. -- NTIA Dir. Michael Gallagher defended his agency’s work to promote the sharing of spectrum between the Dept. of Defense and business. He told DoD listeners Thurs. here their interests would be protected. Gallagher faced skeptical questions from an audience of DoD spectrum officials protective of their frequencies at the department’s 4th Annual Spectrum Management Summit.