FCC Chairman Kevin Martin still hasn’t set a date to leave the commission. He won’t say whether he'll be gone by Inauguration Day, Jan. 20. Speaking to reporters after a speech at the American Enterprise Institute, Martin also said the decision to cancel cell-jamming tests at the District of Columbia jail rested purely with the city (CD Jan 8 p1). And he said the FCC’s chief administrative law judge lacked authority to reassert control over three cable carriage cases that the Media Bureau had taken back (CD Jan 7 p1).
The District of Columbia Department of Corrections has cancelled tests scheduled for Thursday of cellphone jamming equipment at the D.C. Jail. That development came after CTIA sought a writ of mandamus aimed at vacating a Friday order by the FCC Wireless Bureau granting D.C. officials special temporary authority to test equipment developed by CellAntenna (CD Jan 7 p2). The court had ordered the FCC to reply by 8 p.m. Wednesday. FCC and the city both sent the court letters providing notice that the tests had been scuttled.
The CTIA Tuesday asked the FCC to stay a Wireless Bureau order granting the District of Columbia special temporary authority to test cell-jamming equipment developed by CellAntenna at the district jail Thursday. The CTIA also asked the full commission to reconsider the decision, made at the bureau’s initiative.
The Association for Maximum Service Television is fighting for the FCC to cancel a waiver that would let device maker UltraVision Security Systems sell an ultra-wideband device to protect nuclear power plants, cell towers, airports, government office buildings and other sensitive sites from intruders. The commission granted the waiver in November. Last month MSTV filed a petition for reconsideration.
M2Z attorney Viet Dinh faced tough questions from judges on the Court of Appeals for the District of Columbia Circuit Monday as the company pressed its claims that the FCC violated the Communications Act by not ruling within a year on its 2006 petition seeking a license for the 2055-2075 MHz band to offer a free national broadband service.
M2Z and the FCC head to court Monday for oral arguments before the Court of Appeals for the District of Columbia Circuit. It’s scheduled to hear M2Z’s case that the FCC should have awarded the company a license, without an auction, to build a free broadband service in the 2055-2075 MHz band, the so called AWS-3 band. FCC Chairman Kevin Martin said last week that the agency could put a stop to the litigation by approving the AWS-3 order now on circulation (CD Dec 31 P1).
The FCC Public Safety Bureau, citing unique circumstances, granted Los Angeles County waivers to operate a 700 MHz, single-platform, UHF voice radio system using TV channel 15. However, the bureau said the county can’t make use of the spectrum before Feb. 18, the day after the DTV transition, and the use must not interfere over-the-air reception of Station KPBS, which broadcasts on TV Channel 15. The county said it needs as much as 24.75 MHz of capacity, given the unusually large size of its operations. In granting the request, the bureau overruled the objections of broadcasters and others who cited interference concerns. Entravision and San Diego State University in particular objected to the waivers, saying they would cause interference to Entravision’s proposed digital LPTV Channel 14 operation, impede SDSU’s transition to a DTV translator on TV Channel 15, and impede efforts for other broadcasters in southern California to transition to DTV. “Specifically, they argue that grant of the request would unduly limit channel availability for digital Class A, LPTV, and TV translator operations, and would exacerbate the problem of scarce spectrum in Southern California,” the bureau said. Entravision also said the county “has not presented the requisite evidence that existing spectrum and spectrum being made available as a result of the digital transition will not meet its needs.” Shure objected, citing wireless microphones which are already using the spectrum, which it said are “essential to the production of content for virtually all media outlets.” But, the FCC noted, a majority of commenters, including the city of Los Angeles and local public safety agencies filed in support. “Several local public safety agencies state that current networks lack the capacity to integrate all of the diverse agencies in the County on a single radio platform, but using the additional spectrum at TV Channel 15 will allow for the rapid implementation and deployment of a county-wide interoperable radio network,” the bureau said. The National Public Safety Telecommunications Council also supported the waivers. “Los Angeles and other applicants must be able to continue to pursue channels in the non-public safety bands prior to and subsequent to the analog broadcast transition in February 2009,” NPSTC said. It argued that the “proper balance of the public interest must weigh on the side of improving emergency service communication over fulfilling the objectives of Class A and LPTV broadcasters.” “We find that the quantity of 700 MHz spectrum is not enough to satisfy the requested need in this case, and that the requested need is reasonable because at the time the County planned its radio system the 700 MHz spectrum was not available,” the bureau said. It also found the county’s plans are “technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission’s regulations.”
Verizon Wireless clashed with small carriers in dueling filings at the FCC on various petitions for reconsideration asking the commission to revise its November order approving the buy of Alltel. The Public Interest Spectrum Coalition, Rural Telecommunications Group, Leap Wireless, U.S. Cellular, MetroPCS, NTELOS and Public Service Communications filed separate petitions for reconsideration earlier this month.
FCC Chairman Kevin Martin Tuesday eliminated any remaining industry hope that the commission will act in his remaining weeks as chairman on even limited changes to intercarrier compensation or universal service rules. Martin said during a call with reporters that he expects no action on either in coming weeks. “This is something I had encouraged all the commissioners to try to act on,” he said. “I had put forth several different proposals. I had worked with the industry to try to form some kind of consensus. But at bottom these issues are controversial and you've got to be willing to make hard decisions. … I don’t believe the other commissioners are actually prepared for it.” Martin said other commissioners “keep claiming they're very close to a consensus proposal” that industry would find acceptable “but nothing ever comes forth.” Martin conceded that the FCC could face sanctions from the U.S. Court of Appeals for the District of Columbia Circuit unless it provides an additional response to that court on the ISP remand beyond its interim order released last month (CD Dec 17 p2). “I'm concerned about that,” he said. “But I'm even more concerned with the impact that this is having on the industry, the commission’s unwillingness to try to act and reform its rules. … This is something that has been in front of the commission for a long time and I think it is time for us to end up grappling with it.” Martin said some companies are “taking advantage of the uncertainty” and “using it for regulatory arbitrage,” a situation he said the FCC must address.
With the 110th Congress expected to adjourn as early as Friday, FCC Commissioner Deborah Tate is expected to leave the commission this week. FCC Chairman Kevin Martin, however, told reporters Tuesday he wasn’t ready to announce when he would leave the commission, though he has hinted in the past it will likely be before the Barack Obama inauguration Jan. 20. Martin could stay on, but Tate must leave under federal law as soon as Congress adjourns “sine die.” With Tate’s and Martin’s departures the commission would potentially be left with three members in late January.