Howard Buskirk

The Senate’s failure to confirm Acting NTIA Dir. Michael Gallagher is hurting his effectiveness, especially on international issues, Gallagher acknowledged Fri. in response to questions. Several former federal agency heads also have told us the failure of the Senate to act on the nomination is increasingly damaging Gallagher’s effectiveness.

The Spectrum Task Force’s proposal that the Commission adopt the new metric of “interference temperature” to quantify and measure interference is widely viewed as a nonstarter and should be rejected by the Commission, commenters said in replies to the FCC. “Of the approximately 45 timely filed comments, representing a broad cross-section of the telecommunications industry, none wholeheartedly supports the notice,” said the Fixed Wireless Communications Coalition: “Skepticism extends even to the unlicenced device industry, which would be a direct beneficiary of the Commission’s proposals.” Sprint also called on the FCC to pull back from its interference temperature inquiry: “There is broad consensus that the ITemp concept is not in the public interest… Virtually all commenters, representing the gamut of the telecommunications industry -- including unlicensed device interests -- conclude that the FCC should not pursue the ITemp concept. The comments demonstrate that the ITemp concept is not technically feasible in mobile wireless service bands.” CTIA said only 3 commenters support the implementation of ITemp: “Even those parties note that ITemp, as proposed in the [notice of inquiry] suffers practical implementation issues.” Several sources said they expect the FCC to eventually back away form the concept. “The unanimous opinion among the comments I've seen is this idea stinks. Nobody wants it,” one regulatory attorney said.

Only a handful of commenters raised any questions about the proposed Cingular-AT&T Wireless merger, which would create the largest U.S. wireless carrier in FCC filings. But sources said that, though quiet at the FCC, some state attorneys general and competitors are already reaching out to the Justice Dept., which will review the merger. The only players to loudly oppose the merger at the FCC have been Consumer Federation of America (CFA) and Consumers Union in a joint filing.

FCC Chmn. Powell announced Wed. a Wireless Broadband Access Task Force, modeled on the spectrum policy task force. The FCC also formally sought public comment on such issues as how wireless broadband networks can increase competition in rural America and how regulation should be changed to spur development of wireless ISPs (WISPs).

Nextel agreed late Mon. to pay broadcasters $512 million under a broader plan to reallocate spectrum and ensure wireless calls don’t interfere with public safety communications. The agreement with the NAB and Maximum Service TV addresses an issue of significant concern for broadcasters -- their ability to clear the spectrum but still make live broadcast remotes.

The FCC is expected to vote at its May 13 meeting on a rulemaking that would examine how to clear the way for the enhanced use of “white spaces” or unused parts of TV broadcast bands, sources said. The rulemaking has started to circulate and a decision must be made Thurs. on whether it will be on the sunshine agenda. The FCC in 2002 launched an inquiry into making spectrum available for unlicensed devices, including making use of white spaces of TV broadcast bands and 3650-3700 MHz. The FCC Office of Engineering & Technology (OET) has signaled such a rulemaking was on the way. OET Chief Edmond Thomas told a New America Foundation conference April 16 the bureau was working on a proposal designed to win support among broadcasters reluctant to give up unused TV spectrum for unlicensed use. It was unclear what the FCC may offer broadcasters. “We hear there’s a good possibility it may go, but that could still change,” one industry source said. “Thomas has been talking about this for a while, which is always a sign.”

The U.S. Appeals Court, D.C., Tues. let stand an FCC order granting AirCell a waiver to operate an analog cellular telephone system on aircraft. The court rejected arguments by AT&T Wireless, Cingular and Verizon Wireless that the FCC had failed to explain its earlier decision on interference threshold, adopting a more permissive standard. The carriers had asked the court to vacate AirCell’s waiver authority.

The Software Defined Radio (SDR) Forum said in light of growing concerns at the FCC about security of SDR it may be time to look at the need for safeguards. The filing came Mon. in comments to the FCC on a rulemaking on employing cognitive radio. The FCC launched the rulemaking in Dec. on the quickly evolving technology.

Wireless carriers reported they are making continued progress in rolling out Phase II of Enhanced 911 services, though some carriers warn that problems remain with many PSAPs still struggling to adopt the enhanced technologies.