Contentious Air-Ground Order, BPL, Sent to Chmn.’s Office
An air-to-ground (ATG) telecom order resolving a fight between Airfone, owned by Verizon, and competitors including AirCell and Boeing has been sent to Chmn. Powell from the Wireless Bureau. However, sources told us Fri. that the item may not make the agenda for the Oct. 14 meeting since some of the commissioners’ offices are just starting to focus on the issue and may not be ready to vote. A broadband over powerline (BPL) order also was sent to the chairman from the Officer of Engineering & Technology and is likely to be the item that gets the most attention at the meeting.
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Also at the Oct. meeting, sources said Fri., the FCC will take up items that address rural healthcare; a cleanup of 3G spectrum auction rules, tweaking the report and order approved 2 years ago; and the International mobile termination proceeding.
AirCell was at the FCC in recent days explaining its proposal that the FCC provide 2 or 4 overlapping 2.5 MHz channels for ATG, which it said would provide for competition in the sector that would otherwise be lacking. Airfone favors instead exclusive 2.5 MHz and 1.5 MHz channels. Though the spectrum would be awarded at auction, competitors fear that Airfone would most likely reemerge as the lone significant ATG player. A 4th company, Space Data, has offered an alternative licensing scheme.
“I keep hearing that this could fall off the agenda because some of the Comr.’s want more time,” said a source who favors a delay. “Opinions are still taking shape.”
“There was a lot of detailed information filed last week and they're probably still mulling it over,” said another lobbyist: “We're working on the assumption it will be on the agenda.” FCC sources confirmed the order may be delayed until Nov. or done on circulation after the Oct. meeting.
The BPL industry expects the FCC order to combine its original proposals and the NTIA recommendations, a source said. Based on what the NTIA was recommending it doesn’t sound good for the industry, he said. United Power Line Council Regulatory Dir. Brett Kilbourne said the Commission “respects” the industry’s concerns about publicly disclosing too much information about BPL systems in the database the FCC had proposed. The industry has opposed as “unduly burdensome and unnecessary” the proposal that BPL operators develop and maintain a public database on the location, operational frequencies and modulation type of BPL systems to speed resolution of interference issues. The NTIA had recommended that 41 frequencies in the 1.7-80 MHz range be afforded special protection from BPL radiation because of the critical or sensitive functions they support.
“By and large we are generally supportive of the proposals that the FCC has made,” said Kilbourne. The industry would like for it to be as “simple as possible,” he added. “We are pretty confident as the FCC said that the interference risk is low. We are still a nascent technology and we are trying to get out of the box.” Kilbourne pointed out FCC OET Deputy Chief Bruce Franca had told a recent UPLC meeting “you are not going to see any surprises.”