The sweeping telecom legislation scheduled for markup Thurs. appeared to be in peril, with senators on both sides of the aisle concerned about preemption language that would free wireless carriers from most state regulation, sources said Tues. According to some groups working the issue, state preemption in recent days replaced net neutrality as the most important issue in the legislation (CD June 20 p3).
Comments reaching beyond discussions by its blue ribbon panel on Hurricane Katrina are being sought by the FCC. The window opened in a notice of proposed rulemaking asking follow up questions on a report by the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks (CD June 20 Special Report). While easy to miss, the sentence involved 8th floor negotiations and could be significant, sources said Tues. The sentence reads:
More than 3 months after the FCC approved creation of the Public Safety & Homeland Security Bureau, the new bureau has yet to open. Public safety sources reported little feedback on when the bureau will launch or even who Chmn. Martin will name the first chief.
In a surprise move, a new draft of a telecom bill by Sen. Stevens (R-Alaska) contains language sharply limiting state controls on wireless service (CD June 17 Special Report). Though carriers view this as a potential win, it has raised consumer group and state regulator ire. State regulators said Mon. the wireless language will be controversial and could keep the bill from progressing this year.
Delaying the advanced wireless services (AWS) auction after Council Tree sought a stay of designated entity rules for it would be a nearly unprecedented legal step, CTIA and T-Mobile told a federal court. Pleadings were due Thurs. in the 3rd U.S. Appeals Court, Philadelphia, which Council Tree asked to issue a stay. “Petitioners ask the court to do what courts have been asked to do but have done only once in the history of FCC spectrum auctions because some potential bidders are unhappy with the auction rules,” CTIA said: “Nothing in the petition justifies that extraordinary result.”
Motorola and Lucent are squaring off at the FCC over 700 MHz public safety spectrum. The fight touches on whether the Commission should require broadband and endorse EVDO as a single standard for public safety use, or allow flexibility. If the FCC does so, adoption of EVDO would be similar to FCC adoption of P25 as a narrowband interoperability standard. The conflict marks a Lucent push to crack a public safety market long dominated by Motorola, sources said.
Thousands of transmitters, including those police and fire departments. use, would be endangered if the FCC grants a Multispectral Solutions Inc. (MSSI) request for higher power limits in the 6 GHz band for ultra-wideband-based RFID tags, said the Fixed Wireless Communications Coalition (FWCC). The National Spectrum Managers Assn. (NSMA) also objected to the request for higher power limits.
The Supreme Court this week asked the U.S. Solicitor General for advice on whether to hear a Minn. appeal of an 8th U.S. Appeals Court, St. Louis, decision overturning a state law making wireless carriers get customer approval before raising rates mid-contract. Wireless carriers led by Verizon Wireless oppose the appeal.
The FCC should grant a request by Wireless Communications Service (WCS) license holders asking for a delay in build out deadlines for companies that want to offer broadband wireless at 2.3 GHz, until several areas of uncertainty are resolved by the agency, Motorola and Intel said in a filing. But Sirius urged the FCC to take the spectrum back and reopen the band for other uses. WCS spectrum was sold by the FCC in a 1997 auction for what was considered a disappointingly low $13.6 million.
Many VoIP providers may have to rely on a proposed 64.9% safe harbor to figure their universal service contributions, rather than being able to use traffic studies such as those the wireless industry uses, VoIP and wireless carrier sources said Fri. To wireless carriers’ relief, the FCC is signaling it will keep allowing traffic studies showing actual call volume as an alternative to using the safe harbor, sources said. Wireless carriers voiced alarm after reports surfaced (CD May 31 p1) the FCC planned to hike their safe harbor to 37.1% from 28.5%.