Howard Buskirk

Despite generally negative comments from many groups, the FCC will press forward with its investigation of “interference temperatures,” Edmond Thomas, chief of the Office of Engineering & Technology said Tues. Thomas told us he wasn’t surprised many comments asked the FCC to drop the proceeding. Several sources said that among FCC’s Spectrum Policy Task Force’s recommendations, the interference temperature proposal most clearly landed with a thud.

Public safety groups weighed in Mon. strongly supporting Nextel arguments that it should get spectrum at 1.9 GHz as embraced by the “consensus” plan, and not at 2.1 GHz proposed by CTIA and other wireless carriers. The groups said they have grown “frustrated” with delays tied to the latest rebanding debate and hope for a quick decision.

Nextel late Fri. accused other wireless carriers of ulterior motives in pushing the FCC to give it spectrum at 2.1 GHz instead of 1.9 GHz in the “consensus” rebanding agreement. The ex parte filing comes as FCC staff continue to examine implications of both proposals. “A review of FCC licensing databases revealed that approximately 70% of the incumbent licensees at 2165--2180 MHz are cellular carriers, i.e., Verizon Wireless, Cingular Wireless, AT&T Wireless, Alltel, Sprint and US Cellular -- the most vocal proponents of assigning inferior replacement spectrum at 2.1 GHz to Nextel,” Nextel said: “Verizon and Cingular and AT&T Wireless alone hold licenses for approximately 40% of the microwave links, and this percentage holds true for each of the 3 potential 2.1 GHz replacement downlink blocks.” Nextel said CTIA, which urged giving Nextel 2.1 GHz spectrum 2 weeks ago, as well as Verizon Wireless, the original proponent of the plan, should have disclosed that other carriers own this spectrum. “It is beyond comprehension that CTIA and Verizon (the holder of more than 20% of incumbent microwave licenses at 2.1 GHz) failed to inform the Commission of these facts,” Nextel said. “The Commission is dependent on the candor and veracity of its licensees in its proceedings, as well as the associations that represent them. Pertinent factual omissions should not and must not be tolerated, particularly in public-safety related proceedings.” Nextel took particular umbrage at CTIA comments that Nextel would also benefit from the 2.1 GHz proposal: “CTIA’s comments are startling in their hubris, cynicism, and conceit… This information adds to the weight of evidence against CTIA’s proposal of 2.1 GHz replacement spectrum and the FCC should reject this proposal… The consensus plan remains the only solution before the FCC that proactively eliminates 800 MHz public safety radio interference and provides much-needed additional public safety spectrum at no cost to the American taxpayer.”

The FCC is investigating a proposal by CTIA and other wireless carriers to give Nextel spectrum at 2.1 GHz instead of 1.9 GHz it desires, despite threats by Nextel to pull the plug on its rebanding agreement, FCC Chmn. Powell said Thurs. Powell also said he hopes to get an 800 MHz order voted out of the Commission before June. Nextel said earlier this week it wouldn’t accept any rebanding plan that gives it spectrum at 2.1 GHz, which it claims is much less valuable than spectrum at 1.9 GHz.

In a move already causing anxiety among broadcasters, the FCC Thurs. approved a rulemaking that could clear the way toward the use of more unlicensed devices in the white spaces between TV channels, especially by wireless Internet service providers (WISPs).

The FCC handed down a $100,000 notice of apparent liability of forfeiture against CenturyTel Thurs. for “willfully and repeatedly” failing to route calls to ported numbers Nov. 24, 2003-April 14. Wireless carriers highlighted the order as a sign that the FCC was getting tough on wireline carriers that don’t follow the Commission’s local number portability (LNP) rules. The fine was mentioned prominently in a CTIA phone call Thurs. on wireless LNP.

The FCC should take into account the major implications for service quality as it completes a nationwide programmatic agreement on tower siting, Sprint urged the Commission in a filing welcomed by others in the wireless industry. The argument, filed in the FCC docket on CMRS competition, adds a wrinkle to ongoing discussions over tower siting rules.

Nextel late Tues. warned the FCC it would reject any rebanding plan that gives it spectrum at 2.1 GHz instead of the 1.9 GHz in the “consensus” proposal on file at the Commission. Meanwhile, law enforcement officials told us they're increasingly concerned a deal could fall apart unless Nextel gets the 1.9 MHz in the agreement.

Much of the behind-the-scenes discussion in the 800 MHz proceeding is now focusing on whether Nextel will get 10 MHz at 2.1 GHz instead of the spectrum at 1.9 GHz it had sought. The FCC is reportedly looking closely CTIA’s April 30 proposal, which, sources said, was offered in part in reaction to Commission concerns. Sources said that even if the FCC adopts the 2.1 GHz proposal it could still reach a decision in a matter of weeks because key staff have already given related issues substantial attention.

NTIA acting Dir. Michael Gallagher said Fri. he still gives the spectrum transition fund bill, which has by most accounts stalled in the Senate, a good chance of passing in the remaining months of the Congress. At an FCBA lunch, Gallagher called the bill NTIA’s “top legislative priority.” Gallagher also said he was hopeful an amendment to the Senate version by Northpoint has a good chance of being removed from the bill. Inclusion of a Northpoint provision when the bill was marked up last year has been viewed as a stumbling block. “There is very active discussion about how that bill needs to be crafted to get it across the finish line today in the Senate,” Gallagher said: “There is very strong senatorial support. The challenge is what is being hung on it.” Gallagher noted that, as one of a few bills that has a chance of passage, it’s a target for amendment. But Gallagher said he has heard Northpoint amendment may be withdrawn. “The political weight of Northpoint and the Northpoint amendment is lessening day by day,” he said: “The fact is the Commission auctioned that spectrum. Over $100 million was garnered in auction by the Commission for auctioning that spectrum. That is well known and is sinking into the debate.” Gallagher said wireless carriers have been actively promoting the legislation on the Hill: “They're talking to staff. They're talking to members. They're working all the different circuits so that they know it’s a priority. I'm sensing plenty of support. We can always use more.” Gallagher also said the report of the Administration’s Spectrum Policy Initiative is on track for release the next few weeks. He said it has not yet been submitted to other agencies, including the Office of Management & Budget, for vetting before release. “The clearance process can move quickly,” he said.