The FCC likely will ask a battery of questions but draw few “tentative conclusions” in an imminent notice of proposed rulemaking on guarding customer records, sources said. Given the current dearth of detailed customer proprietary network information (CPNI) rules at FCC, the Commission is expected to issue few additional citations based on thousands of CPNI certifications filed for the record in recent days, a mandate the agency temporarily reimposed as part of an investigation (CD Feb 1 p5), they said. The FCC remains on track to release the NPRM later this week, Chmn. Martin told reporters Wed.
NASUCA accused carriers of distortion amid intensifying conflict over whether the FCC should preempt states on carrier billing issues, including tougher consumer measures. Besides being an FCC issue, the matter stars in a case at the 11th U.S. Appeals Court, Atlanta.
The FCC Fri. released a further notice of proposed rulemaking that would block wireless carriers from partnering with designated entities (DEs) to buy spectrum at cut rates in FCC auctions. The FCC said it plans to wrap up the proceeding in time for the rules to take effect before a June advanced wireless services (AWS) auction.
Judges appeared skeptical Fri. of arguments by wireless licensees Mobile Relay Assoc. (MRA) and Skitronics before the U.S. Appeals Court, D.C., that the FCC had treated them in an “arbitrary and capricious” manner by not allowing them to transfer operations to what they view as preferable spectrum as part of the ongoing 800 MHz rebanding.
The 90 MHz of 700 MHz spectrum set to be auctioned by the FCC by 2008 probably will be the last big block of spectrum below 2.5 GHz to reach market for many years. A June auction of advanced wireless services (AWS) spectrum (CD Feb 2 p5) will draw big firms. But the auction of 700 MHz spectrum to be cleared by the end of analog broadcasting (CD Feb 2 p1) may see the long-rumored entry into that spectrum by nontraditional players. Verizon Wireless and T-Mobile, which lobbied hard for the law authorizing the auction, are considered likely participants. The AWS auction is carriers’ first priority now, because it’s “first in the queue,” an industry source said.
T-Mobile and Verizon Wireless are widely expected to emerge as the major bidders, with the role Sprint Nextel and Cingular will play in the auction less clear, when the FCC sells 90 MHz of advanced wireless services (AWS) licenses in an auction slated to start June 29, which could raise $15 billion based on 2005 estimates from the Congressional Budget Office.
The FCC proposed financial penalties against Alltel and AT&T on accusations of failure to certify they have properly protected customer proprietary network information (CPNI). Each would have to pay a $100,000 “forfeiture” unless it can show it has the required certificates. The FCC also ordered all carriers, wireless and wireline, to submit a copy of their compliance certificates to the Commission by Jan. 6. The actions come with Chmn. Martin expected to testify today (Wed.) at a House Commerce Committee hearing on why phone records aren’t safe from “pretexting.”
An FCC-sponsored panel Mon. kicked off a 5-month probe of what failed and what to change in emergency communications and other networks based on lessons from Hurricanes Katrina and Rita. Comr. Copps urged the panel be fearless and press hard: “If you ruffle feathers, so be it.” Chmn. Martin expects a list of recommendations of changes the FCC can make on its own and changes it must undertake with other agencies, he said.
Chmn. Martin said he’s not certain if 800 MHz rebanding -- the outgrowth of the landmark 2004 order by the FCC, remains on track. Martin also warned Mon. that the FCC likely will take a tough stance as it evaluates requests for waiver from the tier-one wireless carriers who failed to meet a Jan. 31 deadline that 95% of their subscribers use “location-capable” handsets as part of the move to E-911.
The major national wireless carriers clashed with smaller carriers in reply comments at the FCC over whether to revise rules to guarantee equitable roaming rates across the U.S.. With each side accusing the other of overcharging, comments on an advanced notice of proposed rulemaking are getting close scrutiny because the FCC is interested in rural issues, sources said. Commission Democrats, in particular, have raised concerns about roaming.