The merger of Sprint and Nextel -- expected to be announced as early as today (Wed.) in N.Y. -- likely faces few regulatory hurdles. Nonetheless, questions remain about competition in individual markets, the future of 3G competition and the 2 companies’ significant combined stake in MMDS spectrum, among other issues.
Howard Buskirk
Howard Buskirk, Executive Senior Editor, joined Warren Communications News in 2004, after covering Capitol Hill for Telecommunications Reports. He has covered Washington since 1993 and was formerly executive editor at Energy Business Watch, editor at Gas Daily and managing editor at Natural Gas Week. Previous to that, he was a staff reporter for the Atlanta Journal-Constitution and the Greenville News. Follow Buskirk on Twitter: @hbuskirk
Last week’s ITU Global Symposium for Regulators (GSR) in Geneva provided international support for greater use worldwide of “unlicensed” spectrum such as Wi-Fi -- a spectrum concept that is increasingly significant in U.S. regulation, officials said. The regulators also endorsed technological neutrality for the Internet, with neither wireline nor wireless receiving an advantage.
Judges peppered both sides with questions Fri. without a clear likely winner as the FCC faced off against the Savannah College of Art & Design (SCAD) and the Diocese of Savannah in oral arguments before the Court of Appeals, D.C., over a much-watched ITFS case. Also Fri., a rulemaking on the new ITFS-MMDS regulations approved last summer appeared in the Federal Register setting up a Jan. filing deadline.
Wireless carriers told the FCC that if it proceeds with an auction of H and J block PCS spectrum, proper controls must be in place to protect other spectrum incumbents. Carriers spelled out the levels of controls they believe are necessary in filings at the FCC in response to a proposed rulemaking on auction service rules.
Whether operators will be allowed to use the same spectrum set aside for air-to-ground (ATG) communications to offer “ancillary” services on the ground has emerged as a major issue on the 8th floor as an ATG order steams forward. The Commission appears to remain on track for a Dec. 15 vote but must address the latest complication.
NextWave disclosed in a filing with the U.S. Bankruptcy Court, White Plains, that it plans to reemerge as a going concern after all, after buying ITFS spectrum from the Archdiocese of N.Y. A reorganization plan filed with the court Tues. says that after selling its remaining PCS spectrum to Verizon Wireless for $3 billion and paying its debts in full, the new NextWave will reemerge with $265 million in hand and the intention of becoming a broadband provider.
A Network Reliability & Interoperability Council (NRIC) group trying to develop a consensus position on enhanced 911 (E911) geographic area requirements conceded Mon. that efforts have fallen short. The chmn. of the group said during a NRIC meeting at FCC hq he would ask NRIC to ask the FCC for another 60 days to try to reach a compromise.
The FCC is working through the final details of a decision on rules for radio transmitters operated on ships -- known as earth stations on board vessels (ESVs). Sources said Fri. that while the 8th-floor offices are still considering several issues, a vote is very likely at the Dec. 15 meeting. The order involves operations in both the C- and Ku-bands. The C-band operations are controversial because they overlap fixed wireless operations.
FCC Wireless Bureau Chief John Muleta said the FCC is willing to give carriers flexibility in how they use their licenses but companies are well advised to tailor their arguments to show how this flexibility will lead to greater competition. “Flexibility by itself I don’t think is enough,” he said.
FCC Comr. Abernathy said the FCC appears on track to vote on UNE-P rules at its Dec. 15 meeting. “That’s certainly our intent,” she said Wed. at a press breakfast. Abernathy confirmed that some issues raised in petitions for consideration, such as line sharing and mass market definitions, won’t be part of the order. “There was a discussion internally about how broad do we make this item,” Abernathy said: “Do we deal just with the issues that have been sent back to us by the court or do we try and bring in all the other issues that have been brought up in all of the petitions for reconsideration of our prior decision? The decision was we've got a very concrete deadline and a need to respond to the court.” The FCC needed to draw a line, she said: “If we try to bring in everything that was raised on recon this will not happen” in Dec. Sources said the Bells would still be required to make their high-capacity DS-1 loops and transport available to competitors as TELRIC-priced UNEs under the draft order. However, CLECs would have to show they were “impaired,” meaning they didn’t have any wholesale alternatives for DS-1 loops on a building-by- building basis. The test for transport impairment would be based on the number of lines in wire centers. An FCC source said it might be better to handle line sharing and market definitions as separate orders.