Wireless carriers have changed their Hill strategy on federal preemption of state controls. In 2006, carriers got then-Senate Commerce Committee Chmn. Stevens (R-Alaska) to fit telecom legislation with terms sharply curbing state control on wireless service (CD June 20 p3). The bill didn’t pass. This year, CTIA and its members will seek interim gains as different bills progress, sources said. And CTIA Pres. Steve Largent will sit with NARUC members at coming meetings in D.C. to talk about state regulation of wireless.
If Congress accedes to Cyren Call demands, providing 30 MHz of spectrum for public safety broadband, it could delay a 700 MHz auction by years, if not kill it outright, members of the High Tech DTV Coalition said Tues. The group voiced its concern in a letter to Senate Commerce Committee leaders, as well as a study making an economic case against the Cyren Call proposal.
FCC Chmn. Martin’s decision to circulate an order that would reclassify wireless broadband as a Title I information service the day before Thurs.’s Senate Commerce Committee hearing came as a surprise at the FCC and among wireless carriers. Even more of a surprise, sources said, was that the FCC would take the action sua sponte - on its own -- without being asked by carriers.
Companies seeing huge profit in broadcast white spaces want FCC rules as loose as possible, to promote a vibrant market and get gear makers to offer many devices, they said in comments filed with the FCC. With the key question being whether the spectrum will be licensed or not, some commenters warned of the risk of interference to wireless microphones and other devices already using the TV bands.
CTIA and PCIA are fighting over rules on how advanced wireless services (AWS) auction winners pick a clearinghouse to oversee cost-sharing as new licensees move incumbents out of the 2.1 GHz band. The FCC decided last year to make both associations clearinghouses to free spectrum bought in last summer’s auction. The 2 have clashed repeatedly on details. “The clearinghouses have met and have worked to come up with a compromise, but at the end of the day it’s really a public policy positions and we just have opposing positions,” said Connie Durcsak, PCIA senior dir.-industry services.
It makes no sense and raises constitutional questions for FCC to ban carriers sharing customer proprietary network information (CPNI) with vendors who handle their marketing unless a customer “opts in,” Verizon said. The carrier hinted it will challenge the order in federal court unless it’s changed. The CPNI rule, with opt-in language, is on the 8th floor and is expected to be approved within days. Sources said Comrs. are likely to get questions on it from members of the Senate Commerce Committee during their testimony Thurs.
The FCC should proceed with extreme caution and protect DBS incumbents if it lets “tweener” systems operate, EchoStar and DirecTV told the Commission. But SES Americom told the FCC the time is ripe and technology allows use of tweener devices. Commissioner offices are developing positions in the proceeding; replies were due last week.
Carriers would have to notify the FBI and Secret Service within 7 days whenever a pretexter violates customer proprietary network information (CPNI) rules, under an FCC rule circulating on the 8th floor, industry sources said Thurs. But subscribers whose privacy was violated could be kept in the dark for a month or longer. CTIA is seeking a meeting with DoJ to work out a compromise and is asking the FCC not to include the requirement in a final rule until the agency seeks comment.
Wireline and wireless carriers want the FCC to step away from proposed rules that would block carriers from sharing customer proprietary network information (CPNI) with vendors handling billing and marketing. Chmn. Martin told reporters last week that CPNI rules he has circulated would limit sharing of data among carriers and partners in joint ventures as well as independent contractors (CD Jan 18 p4). Under the revised rules, customers would have to “opt in” before private information could be shared.
A case the U.S. Appeals Court, D.C., will hear Feb. 9 could bring the DTV transition to a screeching halt. Public Citizen filed a constitutional challenge to the 2005 Deficit Reduction Act (DRA), which sets a Feb. 17, 2009, hard date for transition. The transition would free 700 MHz spectrum the FCC expects to auction later this year, with some of that spectrum reserved for public safety use. In a brief it filed in the case, CTIA enumerated implications for the DTV transition and auction.