FCC Chairman Kevin Martin and other commission members are open to alternatives other than an auction as the agency explores how best to use 2155-2175 MHz spectrum now that it has denied applications by M2Z and NetfreeUS seeking licenses to offer national broadband networks in the band, they indicates. A rulemaking notice is expected within days.
The FCC was poised at our deadline Friday to reject M2Z’s petition for forbearance, ending that company’s pursuit of 2.1 GHz spectrum to build a free, nationwide wireless broadband network without auction. A rulemaking on an auction for the spectrum is expected within days. The sale will be the third in a series of advanced wireless services (AWS) auctions.
Wireless carriers may take their case to Congress if the FCC mandates that within a year they must meet E-911 location accuracy standards at the public safety answering point (PSAP) level, carrier sources said. But the order is a work in progress. Some commissioners fear no carriers can meet that deadline and that the order would be challenged in court. Carriers are in a holding pattern on a Hill strategy until the FCC acts, most likely at its Sept. 11 meeting.
The FCC Thursday hit Sprint Nextel, Alltel and U.S. Cellular with forfeitures totaling $2.825 million for failing to meet a Dec. 31, 2005, deadline to have 95 percent of their subscribers have location-capable handsets for E-911 calls. The fines were as expected. In January, the FCC denied the carriers’ requests for waivers, referring their cases to the Enforcement Bureau.
The FCC Wednesday released an order allowing the agency to come down hard on those trying to defraud the Universal Service Fund program. Under previous rules, the FCC could “debar” from participation in the program only those found to have defrauded the schools and libraries program. The rule change expands enforcement throughout the program. “Debarment of applicants, service providers, consultants, or others who have defrauded the USF is necessary to protect the integrity of the universal service program,” the order said. “We do not find any reason to exclude the high-cost, rural health care, or low-income programs from our debarment rules.”
Ten public interest groups told the FCC that M2Z’s proposal for a nationwide, free wireless broadband network at 2.1 GHz is attractive but has too many failings to support. Instead, the groups urged the agency to examine making the spectrum available for unlicensed use or through a license but with strict conditions imposing open access requirements. Google made similar arguments in a separate filing with the agency. The comments added to a flurry of activity at the FCC on an AWS III auction, short for advanced wireless services, of 2.1 GHz spectrum. FCC Chairman Kevin Martin late last week began circulating a proposed rulemaking on rules for an auction (CD Aug 28 p1).
GE Healthcare, which makes medical telemetry devices that operate in TV broadcast spectrum, warned the FCC that portable devices operating in nearby spectrum could cause harmful interference. GE plans to elaborate on its concerns during upcoming meetings at the FCC. The company has made a number of filings at the commission on the white spaces proceeding, the latest in reply comments this week on FCC Office of Engineering and Technology tests.
FCC Chairman Kevin Martin began circulating among fellow commissioners a notice of proposed rulemaking describing rules for auctioning the 2.1 GHz spectrum. M2Z sought the spectrum through a license the commission would grant without auction. The commission is expected to portray the spectrum sale as the third in a series of advanced wireless services auctions.
Carriers would have a year to get into compliance with tougher location accuracy standards for wireless E- 911, under an item circulating on the 8th floor and set for a vote at the September agenda meeting, sources said Friday. The year deadline is even more aggressive than wireless carriers feared as the order was being drafted. The order largely adopts a change the Association of Public Safety Communications Officials sought. The group wanted to require carriers to meet accuracy standards at the public safety answering point level rather than based on statewide averaging.
Other contenders for 2.1 GHz spectrum say the FCC’s expected rejection of M2Z’s application shouldn’t mean the end for their proposals. M2Z’s plan has received the most attention. But other companies including NetfreeUS, NextWave, TowerStream, Open Range, McElroy Electronics and Commnet Wireless have rival proposals before the FCC to use the spectrum to offer wireless broadband.