Back-and-forth is continuing at FCC over ultra-wideband (UWB) proceeding, with Sirius Satellite Radio telling Commission Tues. it should ignore advice of Fantasma Networks to split rulemaking between GPS and non-GPS bands. UWB developer Fantasma told agency last week it should bifurcate rulemaking between devices in those 2 bands. Fantasma was responding to letter to FCC from broad group of wireless, GPS, satellite radio and air transport interests that asked agency to not take final action on operation of UWB devices under Part 15 rules without further notice of proposed rulemaking. Fantasma recommended FCC authorize UWB technologies that operated in non-GPS spectrum, splitting off regulatory consideration of technology using GPS spectrum. Sirius argued in latest letter that “Fantasma misunderstands the data in the record concerning interference caused by non-GPS band UWB devices, continues to ignore its own burden of proof in this matter and reached the mistaken conclusion that immediate Commission action is warranted.” Sirius contended testing of impact of UWB devices on non-GPS systems was “hardly complete” and tests to date showed interference with incumbents. Sirius told FCC that NTIA testing found deployment of UWB devices below 3.1 GHz would present interference problems for govt. and commercial systems. It said premature agency action could cause disruption to services such as Enhanced 911 and GPS. Among issues NTIA tests didn’t cover is impact of UWB on commercial receivers such as those of Sirius, said Robert Briskman, co-founder of Sirius. NTIA tests in non-GPS bands focused only on federal receivers, not some of more sensitive systems, he said. One of Sirius’s concerns is that UWB devices “that would be the most bothersome to us are ones that are not yet apparently well-defined,” Briskman said. “Specifically, I am talking about the communications devices and the devices in cars that would sense the distance to other cars,” he told us. Meanwhile, backers of UWB also were lining up at Commission. Intel in ex parte filing last week said further notice sought by group of companies wasn’t needed because: (1) Current proceeding had given commenters ample opportunity to address issues. (2) Ultra-wideband had the potential to become “a very useful technology. Adding administrative process in this case will add needless delay and cost to UWB to the detriment of consumers.” Intel said that “expeditious consideration” by FCC would advance goals of Chmn. Powell “of reforming FCC’s processes to foster innovation and investment.”
Bush Administration’s fiscal year 2002 budget proposal would increase funds for FCC, but White House’s long term strategy is to level off agency’s spending over the next 4 years. According to govt. budget details released Mon., Bush would increase FCC’s FY 2002 budget to $248.5 million from current $230 million. Total proposed outlays, or “amount the [FCC] actually spends in a given fiscal year,” would increase to $320 million from $301 million. Spending in FY 2003 and 2004 would drop to $302 million, then increase by $1 million in FY 2005 and FY 2006, respectively, under plan.
White House announced Fri. it intended to nominate 3 Washington insiders as FCC Commissioners: (1) Kevin Martin, FCC transition leader for President Bush and former aide to FCC Comr. Furchtgott-Roth. (2) Kathleen Abernathy, vp of startup network provider Broadband Office Communications, who is former U S West regulatory vp and one-time adviser to ex-FCC Comr. James Quello. (3) Mike Copps, who worked for Sen. Hollings (D-S.C.) for 15 years before leaving Hill in 1980s to work in private industry and finally Commerce Dept. in international trade area. Formal nomination won’t happen for several weeks while paperwork is prepared and security clearances completed. After that comes Senate confirmation process.
Creation of “a multibillion-dollar” Digital Opportunity Investment Trust -- with much of proceeds earmarked for public broadcasting -- is recommended in 2-year study to be released today (Thurs.). Fund would be financed by proceeds from future spectrum auctions, which Congressional Budget Office estimated would produce $18 billion over next several years. Authors of report are Newton Minow, FCC chmn. in Kennedy Administration, and Lawrence Grossman, former pres. of PBS and NBC News. Recommendations in report would require approval by Congress for use of federal money before fund could be established.
Beating down latest VoiceStream-Deutsche Telekom rumor, FCC Comr. Tristani took unusual step Wed. of issuing statement disavowing forged correspondence between herself and Sen. Hollings (D-S.C.) on slowing down pending merger. Pair of faked letters began circulating widely in Washington Tues., including one purportedly from Hollings asking Commission to defer acting on transaction until he had chance to introduce bill clarifying Sec. 310 of Communications Act. Agency spokesman said issue has been handed over to FCC Inspector Gen. for review. Hollings aide dismissed letter as hoax. Although Tristani said she didn’t typically comment on pending mergers, she said neither she nor staff members had corresponded with Hollings on deal. FCC faces self-imposed deadline of April 8 to act on proposal within 180 days after it was filed. “I am deeply troubled that the Commission’s process is being used for deceitful purposes, and I have asked the Chairman to initiate a full investigation of this matter and to refer it to other federal agencies as appropriate,” Tristani said.
NTIA and FCC released final reports Fri. providing details on challenges to sharing, segmenting or clearing Dept. of Defense- occupied bands and MMDS and ITFS spectrum, setting stage for what some see as need for high-level 3-way talks on possible compromise among FCC, Pentagon and Commerce Dept. DoD evaluation, appendix to NTIA report, said terrestrial military systems couldn’t vacate 1.7 GHz until 2010 and legacy space systems would need access until 2017, dates much later than timelines in federal 3G studies. Still, several industry sources said they were heartened by what they called realistic relocation cost estimates that NTIA provided for 3 options, which range from $2.2 billion to $4.5 billion. NTIA report laid out 3 options for band sharing or segmentation, including recently emerged alternative that involves out-of-band pairing and phased-in migration of incumbents. Despite alternatives, “this does not necessarily mean that the government band is the right choice for 3G,” Naval Rear Adm. Robert Nutwell said at NTIA briefing. He called on wireless industry to make “better case” for 3G spectrum needs.
Broad group of wireless, GPS, satellite radio and air transport interests urged FCC not to take final action on operation of ultra wideband (UWB) equipment under Part 15 rules without issuing further notice of proposed rulemaking (NPRM). In letter sent late Tues. to Chmn. Powell, 26 companies and trade groups stressed it would be “premature and inappropriate for the Commission to adopt any final rules at this time.” Agency issued NPRM on UWB operations last May (CD May 11 p1), but it didn’t contain specific regulatory language, group said. Since then, FCC has received large volume of test results on potential interference of UWB operations in both GPS and non-GPS bands. “However, the interested parties cannot logically extrapolate from the various test submissions any comprehensive picture of the direction of the Commission’s final thinking with respect to a potential regulatory framework,” group said in letter obtained by Communications Daily. Companies signing letter include AT&T Wireless, Lockheed Martin, Nortel, Qualcomm, Satellite Industry Assn., U.S. GPS Industry Council, WorldCom.
Cable operators, programming networks, broadcasters, DBS providers, consumer electronics interests, Bell companies, ISPs, sports leagues, software developers, electronic program guide creators, personal video recording firms and consumer groups all battled over possible interactive TV (ITV) regulations at FCC. In comments filed last week in response to Commission’s ITV inquiry, 28 entities debated whether federal govt. should regulate nascent interactive market in wake of AOL’s takeover of Time Warner (TW) earlier this year. They also feuded over how govt. should define interactive services if it chooses to regulate them.
LAS VEGAS -- FTC Comr. Orson Swindle urged wireless industry at CTIA Wireless 2001 show here to focus on self-regulation for protecting consumers’ location-based information, saying that could stave off congressional action. “If you're going to wait around and not deal with a critical issue, then government is probably going to turn around and do something and I don’t think that’s the best solution,” said Swindle, who lauded CTIA petition to FCC that proposed principles for protecting privacy of location-based information. He warned of “incredible harm if we do it the wrong way, especially if we rush into it screaming ‘Oh, my God, Henny Penny, the sky is falling’ before we even understand the business models we are dealing with.”
LAS VEGAS -- Several Latin American regulators, speaking on prelude to CTIA Wireless 2001 show here, urged greater regional harmonization of wireless rules and frequency selections as policymakers wrestled with issues such as how to bolster universal service and roll out 3G. “We have not achieved total integration in Latin America to facilitate communications,” Argentina’s Communications Secy. Henoch Aguiar said, noting that in some cases it’s more expensive to connect between 2 countries in region than with callers elsewhere.