Howard Buskirk

The FCC released an order early Tues. conditionally approving the merger of Cingular and AT&T Wireless. However, Comrs. Copps and Adelstein issued vigorous partial dissents, saying the order fails to address the effect on intermodal competition between wireline and wireless markets.

Intel and Clearwire announced Mon. at CTIA’s fall conference a partnership to develop a WiMax network, using the spectrum Clearwire has been quietly acquiring around the U.S. The announcement marks one of the potential highwater marks so far for WiMax, which some experts believe will quickly supplant the many Wi-Fi hotspots that have sprung up over the last few years.

AirCell warned the FCC in a letter sent to the 5 Commissioners that indications from the FCC are that the Commission staff is recommending a single 4 MHz license, which AirCell warned would effectively hand Verizon AirFone a continuing monopoly in commercial aviation communications. The item is scheduled for a vote at the Nov. meeting but could still fall off the agenda. An official with Verizon questioned the AirCell arguments, saying all his company has asked for is an auction, not to be the winning bidder.

CTIA weighed in on the pending FCC air-to-ground (ATG) order, advising caution to protect incumbents in adjacent bands as it reforms the rules for the 849- 851/894-896 MHz bands, and asking for FCC testing. The CTIA filing adds another significant voice asking the FCC to proceed cautiously on ATG. Meanwhile, Nextel highlighted its interference concerns with considerably more detail in a filing on the item.

AT&T Wireless and Cingular each had some negative numbers to report Wed. on the eve of the likely completion of their merger. The FCC and Justice Dept. have yet to finalize their merger orders, though by some accounts they may be only days away. As of Wed. afternoon, the FCC’s 2 Democrats, Comrs. Copps and Adelstein, still hadn’t voted electronically on the order.

The FCC is likely only days away from a public notice (PN) seeking comments from the industry on issues that have been raised by Nextel as part of the 800 MHz rebanding order. The wireless advisors received the PN Tues. afternoon. A Commission source said release was “imminent.”

A principal player in air-to-ground (ATG) communications, Boeing, is asking the FCC to delay its order on the technology for a month, which would push it off the Nov. Commission agenda, sources said Tues. Nextel also has been asking the FCC to move slowly on the order and AirCell is considering asking for a delay. The Assn. of Public Safety Communications Officials asked for a delay last week (CD Oct 14 p6).

A rumored deal that would give Verizon Wireless another 20 MHz of NextWave spectrum in N.Y. for as much as $3 billion likely wouldn’t face many regulatory hurdles, sources said Fri. Experts said the deal may be easier to complete in the immediate aftermath of the Cingular-AT&T Wireless merger.

AirCell and Boeing told the FCC they had adopted a joint approach on air-to-ground (ATG) communications, we learned Thurs. The companies revealed their agreement in a closed-door presentation late Wed. to staff of the Wireless Bureau and Office of Engineering & Technology. The FCC had suggested strongly that the companies -- which favor allowing carriers to share ATG spectrum -- work together. With the proposal, AirCell and Boeing stand in direct conflict with Verizon’s AirFone, which favors the awarding of 2 exclusive licenses at most.

Chmn. Powell said Thurs. he hasn’t decided whether the Commission should take steps on its own to clear the 1.7 GHz spectrum occupied by the Dept. of Defense if Congress fails to pass the spectrum relocation trust fund bill (HR-1320). The comments came after the Commission approved 5-0 a “clean up” order that addresses some of the remaining parts of clearing the spectrum, which ultimately is to be auctioned for advanced wireless services (AWS).