Wireless Order Key Early Test for Tate
The FCC’s long-awaited BRS/EBS order has been withdrawn from circulation so new Comr. Tate can get up to speed on its complex issues, industry sources said this week. The order involves leasing spectrum assigned to educational institutions for wireless broadband use. Meanwhile, lobbying continues. Motorola defended itself against the Assn. of Home Appliance Mfrs. (AHAM) charges that its recent data on the interference threat from microwave ovens and other IMS devices were based purely on “discredited” information and an NTIA study that tested old gear. A group representing ITFS license holders urged an end to secrecy on the terms of leases filed at the FCC.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Industry sources had hoped the FCC would vote out the order before Comr. Abernathy left, they said. Tate’s lack of familiarity with the order “is certainly a part of the delay,” one source said. “It’s why the item was taken off circulation as soon as Abernathy left.” A 2nd industry source said: “That’s why everyone pretty much hoped there would be a vote before Abernathy left. That didn’t happen, obviously, and now we are where we are.”
In Dec., AHAM sent salvo at Motorola, claiming research it had presented at the FCC reiterated Sprint Nextel and Wireless Communications Assn. arguments for regulating ISM emissions under Part 18 of the Communications Act.
In a Tues. retort, Motorola slammed AHAM because it “lacks understanding of Motorola’s previous filings, continues to rely on unsupported arguments regarding microwave ovens, and focuses on certain diverting and irrelevant details regarding coexistence of ISM devices and BRS systems in the 2496-2500 MHz band.” According to Motorola, “AHAM fails to address the problem of interference from microwave ovens to BRS systems or the larger picture -- that the current rules allow unlimited power for ISM devices, creating an uncertain and unacceptable operating environment for a primary licensed service such as BRS.”
It’s hard so say whether the ISM issue as raised by WCA, Sprint and Motorola is getting traction, sources agreed. A veteran of the issue said Commission staff members haven’t sought more meetings since Dec. “I'm not sure that the issues Motorola has raised have gotten a lot of traction,” the source said: “My sense is the Commission was headed in the direction of not changing the rules, and I haven’t heard anything that suggests that the Commission is going to depart from that direction.”
Meanwhile, lease terms for EBS auctions continue to get attention on the 8th floor. The ITFS/2.5 GHz Mobile Wireless Engineering & Development Alliance this week asked the FCC to maintain limits on lease terms and to require more openness when parties file transfer applications at the FCC. Companies leasing spectrum from educational institutions have asked the FCC to drop a 15- year limit on such leases. These companies, represented by the WCA, say the limit inhibits commercial interest in the spectrum.
Alliance director John Schwartz told us many firms aren’t making terms public when leasing ITFS spectrum, making it hard to see if they're hewing to the 15-year limit. “The secrecy that is inherent in the use of lease transfer applications rather than filing leases is troublesome,” he said: “Whatever is done it should be on the table. It should be transparent.”
WCA and member firms met recently with Fred Campbell, wireless advisor to Chmn. Martin, they said in an ex parte filing: “It was explained that because a 15-year EBS lease term does not provide assured access to spectrum for a sufficient length of time to satisfy the needs of the investment community, funding will not flow to EBS-based broadband systems if the proposed rule is adopted.”