Howard Buskirk

Much of the behind-the-scenes discussion in the 800 MHz proceeding is now focusing on whether Nextel will get 10 MHz at 2.1 GHz instead of the spectrum at 1.9 GHz it had sought. The FCC is reportedly looking closely CTIA’s April 30 proposal, which, sources said, was offered in part in reaction to Commission concerns. Sources said that even if the FCC adopts the 2.1 GHz proposal it could still reach a decision in a matter of weeks because key staff have already given related issues substantial attention.

NTIA acting Dir. Michael Gallagher said Fri. he still gives the spectrum transition fund bill, which has by most accounts stalled in the Senate, a good chance of passing in the remaining months of the Congress. At an FCBA lunch, Gallagher called the bill NTIA’s “top legislative priority.” Gallagher also said he was hopeful an amendment to the Senate version by Northpoint has a good chance of being removed from the bill. Inclusion of a Northpoint provision when the bill was marked up last year has been viewed as a stumbling block. “There is very active discussion about how that bill needs to be crafted to get it across the finish line today in the Senate,” Gallagher said: “There is very strong senatorial support. The challenge is what is being hung on it.” Gallagher noted that, as one of a few bills that has a chance of passage, it’s a target for amendment. But Gallagher said he has heard Northpoint amendment may be withdrawn. “The political weight of Northpoint and the Northpoint amendment is lessening day by day,” he said: “The fact is the Commission auctioned that spectrum. Over $100 million was garnered in auction by the Commission for auctioning that spectrum. That is well known and is sinking into the debate.” Gallagher said wireless carriers have been actively promoting the legislation on the Hill: “They're talking to staff. They're talking to members. They're working all the different circuits so that they know it’s a priority. I'm sensing plenty of support. We can always use more.” Gallagher also said the report of the Administration’s Spectrum Policy Initiative is on track for release the next few weeks. He said it has not yet been submitted to other agencies, including the Office of Management & Budget, for vetting before release. “The clearance process can move quickly,” he said.

Citing national security, the Dept. of Homeland Security (DHS) and the Justice Dept. (DoJ) said the FCC should reject any move to relax the Sec. 214 authorization process for commercial mobile radio service (CMRS) carriers providing international service. The FCC has a rule that carriers only partly owned by another carrier with a 214 certificate can’t start service without prior notification. In March, FCC released a rulemaking asking whether the Commission should relax this rule and allow carriers to essentially use their parent’s certificate. CMRS carriers argue they shouldn’t be subject to the same regulation as wireline communications. The carriers note that Sec. 214 of the Communications Act was written to apply to wireline communications. “CMRS providers have always viewed themselves as a newer service that should be subject to less regulation,” one regulatory attorney said Fri.: “They look at all these rules that apply to wireline service and they say we're different.” But DHS and DoJ worry that without a prior notice requirement a carrier could be partly owned by a terrorist organization. DHS and DoJ said they “strongly urge” the FCC to keep the mandate in place. “The rule is necessary to protect the public interest in preventing entities who may present a risk to national security or law enforcement interests from providing service pursuant to a parent entity’s Section 214 authorization,” the departments said. “Elimination of the rule would significantly and adversely impact our ability to safeguard national security and critical law enforcement concerns -- at the very time when we are striving to identify and plug any gaps in our national security.”

The Senate’s failure to confirm Acting NTIA Dir. Michael Gallagher is hurting his effectiveness, especially on international issues, Gallagher acknowledged Fri. in response to questions. Several former federal agency heads also have told us the failure of the Senate to act on the nomination is increasingly damaging Gallagher’s effectiveness.

Only a handful of commenters raised any questions about the proposed Cingular-AT&T Wireless merger, which would create the largest U.S. wireless carrier in FCC filings. But sources said that, though quiet at the FCC, some state attorneys general and competitors are already reaching out to the Justice Dept., which will review the merger. The only players to loudly oppose the merger at the FCC have been Consumer Federation of America (CFA) and Consumers Union in a joint filing.

The Spectrum Task Force’s proposal that the Commission adopt the new metric of “interference temperature” to quantify and measure interference is widely viewed as a nonstarter and should be rejected by the Commission, commenters said in replies to the FCC. “Of the approximately 45 timely filed comments, representing a broad cross-section of the telecommunications industry, none wholeheartedly supports the notice,” said the Fixed Wireless Communications Coalition: “Skepticism extends even to the unlicenced device industry, which would be a direct beneficiary of the Commission’s proposals.” Sprint also called on the FCC to pull back from its interference temperature inquiry: “There is broad consensus that the ITemp concept is not in the public interest… Virtually all commenters, representing the gamut of the telecommunications industry -- including unlicensed device interests -- conclude that the FCC should not pursue the ITemp concept. The comments demonstrate that the ITemp concept is not technically feasible in mobile wireless service bands.” CTIA said only 3 commenters support the implementation of ITemp: “Even those parties note that ITemp, as proposed in the [notice of inquiry] suffers practical implementation issues.” Several sources said they expect the FCC to eventually back away form the concept. “The unanimous opinion among the comments I've seen is this idea stinks. Nobody wants it,” one regulatory attorney said.

FCC Chmn. Powell announced Wed. a Wireless Broadband Access Task Force, modeled on the spectrum policy task force. The FCC also formally sought public comment on such issues as how wireless broadband networks can increase competition in rural America and how regulation should be changed to spur development of wireless ISPs (WISPs).

Nextel agreed late Mon. to pay broadcasters $512 million under a broader plan to reallocate spectrum and ensure wireless calls don’t interfere with public safety communications. The agreement with the NAB and Maximum Service TV addresses an issue of significant concern for broadcasters -- their ability to clear the spectrum but still make live broadcast remotes.

The FCC is expected to vote at its May 13 meeting on a rulemaking that would examine how to clear the way for the enhanced use of “white spaces” or unused parts of TV broadcast bands, sources said. The rulemaking has started to circulate and a decision must be made Thurs. on whether it will be on the sunshine agenda. The FCC in 2002 launched an inquiry into making spectrum available for unlicensed devices, including making use of white spaces of TV broadcast bands and 3650-3700 MHz. The FCC Office of Engineering & Technology (OET) has signaled such a rulemaking was on the way. OET Chief Edmond Thomas told a New America Foundation conference April 16 the bureau was working on a proposal designed to win support among broadcasters reluctant to give up unused TV spectrum for unlicensed use. It was unclear what the FCC may offer broadcasters. “We hear there’s a good possibility it may go, but that could still change,” one industry source said. “Thomas has been talking about this for a while, which is always a sign.”

The Software Defined Radio (SDR) Forum said in light of growing concerns at the FCC about security of SDR it may be time to look at the need for safeguards. The filing came Mon. in comments to the FCC on a rulemaking on employing cognitive radio. The FCC launched the rulemaking in Dec. on the quickly evolving technology.