Howard Buskirk

FCC Chmn. Powell confirmed Wed. the FCC is considering an order that would establish an auction for H-band spectrum. Powell said he was aware of industry efforts to head off the auction. A group of carriers were at the FCC last week to argue that the use of the spectrum would lead to unacceptable levels of interference.

CTIA said in a filing at the FCC it would support the agency making available a single 20 MHz block to be auctioned on a RSA/MSA basis if the Commission moves forward on a long- pending auction for advanced wireless services. CTIA said it can’t support a Rural Cellular Assn. (RCA) proposal to make several blocks available, but could support offering a single block in a form that may be more attractive to small carriers. Sources say the RSA/MSA level is the smallest the FCC appears willing to consider as it takes up an auction of spectrum in the 1.7 GHz and 2.1 GHz bands. CTIA said taking this step “would be an appropriate means of encouraging effective small and rural carrier participation in the AWS auction.” CTIA initially opposed a RCA petition seeking more spectrum for smaller license areas. “RCA has been trying to persuade CTIA to support more spectrum for small license areas,” David Nace, RCA gen. counsel told us Tues. “We think it’s a step in the right direction.” CTIA and RCA have found common areas of agreement on auction issues in recent days. Last week, RCA said, in support of CTIA that while it didn’t necessarily support a complete end to all set-asides for designated entities it views bid credits as a more effective mechanism for making sure small carriers are victorious in spectrum auctions.

A new report on wireless directory assistance (DA) by the Pierz Group, funded in part by wireless carriers, found that Americans appear increasingly open to having their wireless phone numbers listed, especially if they have some privacy safeguards. The survey found specifically that at least a quarter would opt-in to the type of DA under consideration by the CTIA.

Wireless carriers told the FCC “ample” evidence exists for the Commission to launch a rulemaking on Auction 58 to decide whether to change the rules giving designated entities (DEs) a set-aside for some licenses. But DEs disagreed, saying the numbers demonstrate they would win few licenses at auction without the set-aside.

Wireless carriers descended on the FCC last week for a series of meetings to point to potential major interference problems that could be caused to other PCS communications if the H-block spectrum is made available at auction (CD July 21 p2). The group argued that “nothing can be done” that would eliminate interference risks. Carrier sources said they sought the meetings only after it became clear that the FCC may look at auctioning H-block spectrum in an item at its Sept. meeting.

The Rural Cellular Assn. is breaking with other rural groups to urge an end to set-asides for designated entities (DEs), arguing that bidding credits are a much more effective means of spurring bids by small carriers. RCA said the FCC should undertake a rulemaking to explore different levels of bidding credits as well as smaller geographic areas for licenses.

The FCC is developing its own wireless carrier database to analyze the proposed merger of AT&T Wireless-Cingular, as well as to assess the national wireless market in light of the merger. The Wireless Bureau has asked major carriers for the same sort of data previously requested by the Dept. of Justice (CD July 12 p1). Carrier sources told us Fri. they have to provide FCC with new “truckloads” of paper on top of what they already provided DoJ. “This thing has been a real headache for the carriers,” said one source. “It was a lot coming on top of the other request.” Sources said the filings will make it easier for the FCC to closely scrutinize the merger with an eye on whether Cingular and AT&T Wireless should have to sell off spectrum licenses in some markets or customers. Some divestitures are expected. The FCC requests less information, seeking data from only the 52 largest markets. Responses were due Fri. So far, Sprint and T- Mobile have requested more time to supply FCC the desired information.

Wireless carriers made a late push at the FCC to head off a pending order on outage reporting, which is expected to add several key recommendations the FCC made in the notice of proposed rulemaking. Industry representatives were meeting with agency officials right up to the issuance Wed. of the “sunshine notice” stating that the item had been placed on the agenda for next week’s open meeting (CD July 29 p5). Carrier sources said a key question is whether FCC has incorporated suggestions by the Dept. of Homeland Security for making information submitted as secure as possible.

The Wireless Communications Assn. is considering a petition for reconsideration following release Thurs. of FCC’s order setting new rules for the 2495-2690 MHz band. Among WCA’s concerns is that a bandwidth sharing plan for the 2496-2500 MHz band could cause enough anxiety among investors to negate in part FCC efforts to spur more investment in wireless broadband. The fight pits WCA against GlobalStar, main user of the space.

The FCC Technological Advisory Council (TAC) agreed Wed. to push forward on trying to devise a model for quantifying the cost of radio spectrum interference, which could help the Commission as it delves deeper into its interference temperature initiative and other items exploring how to make maximum use of scarce spectrum in a wireless world. But the engineers and scientists on TAC vigorously debated the proposal and whether it would help the FCC make real-world spectrum decisions.