On issue of request by wireless carriers for more time to impleme...

has asked FCC to exercise forbearance on Nov. 24 deadline for wireless LNP, citing challenges associated with implementation deadline of pooling on same date as porting. Other large wireless carriers have sought at least delay, and state PUCs have been urging Commission to keep deadline. Speaking on CTIA Wireless 2002 legal adviser panel Mon. on wireless LNP, Tenhula said: “We're going to go forward with that, it’s just a matter of when.” Priority should be implementing pooling correctly, because unless that’s done right, LNP can’t be carried out effectively, Tenhula said. Bryan Tramont, senior legal adviser to FCC Comr. Abernathy, said she had been on record as supporting “substantial” delay for carriers. She believes it’s in consumers’ interest and “consumer interest deserves attention,” he said. Tramont cited factors such as extent to which consumer churn has remained in wireless industry even though users can’t take their number with them when they switch carriers. Such “guideposts” point to greater consumer interest in issues such as better network coverage, he said. “We understand carriers’ concerns about doing LNP and pooling at the same time,” said Sam Feder, legal adviser to FCC Comr. Martin. Paul Margie, legal adviser to FCC Comr. Copps, said, “We are hearing from NARUC and they are hearing from consumers. I think this is something folks have known about for a long time.” On issue of spectrum cap, Tenhula said FCC had been examining potential guidelines that could be put in place on wireless merger reviews in light of cap that’s set to sunset Jan. 1, 2003. “The next step is to reach out to industry” for ideas, Tenhula said in response to question. He said that when Commission voted last fall to phase out cap by 2003 and lift it to 55 MHz in all markets in interim, it said it would consider guidelines for evaluation of wireless mergers on case-by-case basis. Economists at FCC have been looking at merger guidelines used by FTC and Justice Dept. to determine whether any of their aspects could be adapted for FCC to use when processing license transfer applications with mergers. Process still is taking shape, Tenhula said. “I don’t anticipate a need for a rulemaking process. I don’t think we are talking about substantive replacement rules. We are talking about guidelines” so industry players know what to expect, he said. On 700 MHz auction that’s scheduled for June, although Administration budget proposal would push that back again, he said FCC was preparing to hold auction on time unless Congress acted in time to change date.