Howard Buskirk

FCC Chmn. Powell said the FCC is on track to issue a report and order on broadband over powerline (BPL) interference issues in Sept. or Oct. Powell told reporters touring the FCC lab in Columbia, Md., Tues. he’s pleased with the response so far from electric utilities and others interested in offering BPL as a broadband alternative.

Despite generally negative comments from many groups, the FCC will press forward with its investigation of “interference temperatures,” Edmond Thomas, chief of the Office of Engineering & Technology said Tues. Thomas told us he wasn’t surprised many comments asked the FCC to drop the proceeding. Several sources said that among FCC’s Spectrum Policy Task Force’s recommendations, the interference temperature proposal most clearly landed with a thud.

Public safety groups weighed in Mon. strongly supporting Nextel arguments that it should get spectrum at 1.9 GHz as embraced by the “consensus” plan, and not at 2.1 GHz proposed by CTIA and other wireless carriers. The groups said they have grown “frustrated” with delays tied to the latest rebanding debate and hope for a quick decision.

Nextel late Fri. accused other wireless carriers of ulterior motives in pushing the FCC to give it spectrum at 2.1 GHz instead of 1.9 GHz in the “consensus” rebanding agreement. The ex parte filing comes as FCC staff continue to examine implications of both proposals. “A review of FCC licensing databases revealed that approximately 70% of the incumbent licensees at 2165--2180 MHz are cellular carriers, i.e., Verizon Wireless, Cingular Wireless, AT&T Wireless, Alltel, Sprint and US Cellular -- the most vocal proponents of assigning inferior replacement spectrum at 2.1 GHz to Nextel,” Nextel said: “Verizon and Cingular and AT&T Wireless alone hold licenses for approximately 40% of the microwave links, and this percentage holds true for each of the 3 potential 2.1 GHz replacement downlink blocks.” Nextel said CTIA, which urged giving Nextel 2.1 GHz spectrum 2 weeks ago, as well as Verizon Wireless, the original proponent of the plan, should have disclosed that other carriers own this spectrum. “It is beyond comprehension that CTIA and Verizon (the holder of more than 20% of incumbent microwave licenses at 2.1 GHz) failed to inform the Commission of these facts,” Nextel said. “The Commission is dependent on the candor and veracity of its licensees in its proceedings, as well as the associations that represent them. Pertinent factual omissions should not and must not be tolerated, particularly in public-safety related proceedings.” Nextel took particular umbrage at CTIA comments that Nextel would also benefit from the 2.1 GHz proposal: “CTIA’s comments are startling in their hubris, cynicism, and conceit… This information adds to the weight of evidence against CTIA’s proposal of 2.1 GHz replacement spectrum and the FCC should reject this proposal… The consensus plan remains the only solution before the FCC that proactively eliminates 800 MHz public safety radio interference and provides much-needed additional public safety spectrum at no cost to the American taxpayer.”

The FCC is investigating a proposal by CTIA and other wireless carriers to give Nextel spectrum at 2.1 GHz instead of 1.9 GHz it desires, despite threats by Nextel to pull the plug on its rebanding agreement, FCC Chmn. Powell said Thurs. Powell also said he hopes to get an 800 MHz order voted out of the Commission before June. Nextel said earlier this week it wouldn’t accept any rebanding plan that gives it spectrum at 2.1 GHz, which it claims is much less valuable than spectrum at 1.9 GHz.

The FCC handed down a $100,000 notice of apparent liability of forfeiture against CenturyTel Thurs. for “willfully and repeatedly” failing to route calls to ported numbers Nov. 24, 2003-April 14. Wireless carriers highlighted the order as a sign that the FCC was getting tough on wireline carriers that don’t follow the Commission’s local number portability (LNP) rules. The fine was mentioned prominently in a CTIA phone call Thurs. on wireless LNP.

In a move already causing anxiety among broadcasters, the FCC Thurs. approved a rulemaking that could clear the way toward the use of more unlicensed devices in the white spaces between TV channels, especially by wireless Internet service providers (WISPs).

The FCC should take into account the major implications for service quality as it completes a nationwide programmatic agreement on tower siting, Sprint urged the Commission in a filing welcomed by others in the wireless industry. The argument, filed in the FCC docket on CMRS competition, adds a wrinkle to ongoing discussions over tower siting rules.

Nextel late Tues. warned the FCC it would reject any rebanding plan that gives it spectrum at 2.1 GHz instead of the 1.9 GHz in the “consensus” proposal on file at the Commission. Meanwhile, law enforcement officials told us they're increasingly concerned a deal could fall apart unless Nextel gets the 1.9 MHz in the agreement.

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.