Iowa Utilities Board (IUB) gave KMC Telecom until Jan. 22 to show why agency shouldn’t revoke its local exchange certificate. IUB (Case FCU-03-3) said KMC’s certificate was in jeopardy because of inconsistencies between local exchange service plans filed with its certification application, which IUB approved in Dec., and business plan filed with N. American Numbering Plan Administrator (NANPA) in Jan. when KMC requested supply of phone numbers. IUB said KMC had told it of plans for full range of basic business and residential local exchange services, plus operator services, 911 access and dedicated services. But IUB said when KMC went to NANPA for phone numbers, it filed business plan that provided only for virtual exchange service, with no mention of basic local services. IUB said if KMC restricted itself just to virtual exchange services, that would be major violation of conditions of its certificate and could justify revocation.

As state legislatures opened their 2003 sessions, sampling of new bills showed lawmakers focusing on state regulatory commissions along with telemarketing. Major regulatory measures included Minn. bill to totally deregulate broadband and Ind. bill giving regulators needed power to enforce their rules. Telemarketing front saw more new bills for no-call lists and other restrictions on phone sellers, including Ind. bill that took aim at telemarketing campaigns by political candidates.

CTIA plans to petition FCC next week to seek another delay in implementing wireless local number portability (LNP), Pres. Tom Wheeler said Wed. In July, Commission gave wireless carriers 3rd extension, to Nov. 24, 2003, to provide LNP in 100 largest Metropolitan Statistical Areas. Wheeler cited new CTIA data on wireline rate centers that 90% of time when consumers wanted to keep phone number when switching from wireline to wireless, “they're told to go pound sand.” Point of new challenge to LNP rules, he said, is that they shouldn’t be implemented until “the competition that they claimed they were doing in the first place is made possible by their rules.”

Virgin Mobile USA, mobile virtual network operator (MVNO) that uses Sprint PCS’s underlying network, revised timeline for FCC on when it would begin selling Enhanced 911 Phase 2 handsets. As MVNO operator that resells Sprint services, Virgin Mobile isn’t FCC licensee and phase-in mandates for E911 handset-location technologies don’t apply to it. Virgin said it was “voluntarily” providing FCC update on its plans “for informational purposes.” It said it would need to offer customers Assisted GPS (A-GPS)-enabled handsets to provide same location capability as Sprint PCS had chosen. Virgin Mobile told FCC that before it could offer those handsets, “such units need to be more plentiful and the price needs to be reduced so that there is not a tremendous price differential between units with and without A-GPS. This will take time.” Because larger carriers are ordering all of available early production A-GPS handsets, they aren’t available to Virgin now, company told FCC. Virgin Mobile said it expected to begin selling and activating A-GPS- enabled handsets by Sept. 23, ensuring that 25% of all new handsets activated after Sept. 30 were A-GPS-capable. By year-end, it said it would ensure that at least 50% of all new handsets were A-GPS enabled. All handsets activated after Sept. 30, 2004, would be A-GPS-capable.

Consumers Union (CU) raised concerns Mon. that 9 of 21 test 911 calls made from dual-mode analog and digital wireless handsets had failed to connect. CU and Consumer Reports (CR) described trial results as part of annual ranking of cellphones and plans set for release today (Tues.). CU called on FCC to update its analog 911 rules so digital wireless networks would be required to complete 911 calls regardless of programming of handset. “The cellphone industry is great on gee-whiz gadgets and gizmos but it’s failing on the nuts and bolts of basic service,” CU Pres. James Guest told reporters.

FCC Wireless Bureau sought comments on Sprint PCS request for 6-month extension of deadline for ensuring that new digital handsets were local-capable by Dec. 31, 2002, under Enhanced 911 rules. Sprint Dec. 20 filed request to move deadline to June 30 to achieve 100% activation goal. Comments are due Jan. 24, replies Feb. 3. Sprint told FCC that extension of deadline was justified because of impact of recent communications market downturn and resulting loss of subscribers and negative growth rates that it had seen. Bureau said in notice late Fri. that Sprint contended that in current economic climate, location-capable phones were at competitive disadvantage because they were more expensive than other models. Sprint also told FCC it didn’t believe it could advertise benefits of E911 Phase 2-capable phones until more public safety answering points could process Phase 2 location data. Carrier said FCC already had given longer extensions to other companies using same technology. Sprint said it expected that all of phones it sold to distributors would be location-capable by March 31, but said it would take more time for distributors to sell out their remaining inventory that wasn’t compliant.

FCC is seeking comment on petition for declaratory ruling filed by OnStar on extent to which telematics units embedded in vehicles are covered under Enhanced 911 rules. Comments are due Jan. 24, replies Feb. 7. OnStar sought clarification that such embedded devices weren’t handsets as defined under FCC E-911 orders and that those units weren’t included in calculating wireless carrier’s Phase 2 handset compliance requirements. FCC rules define location-capable handsets as “portable or mobile phones that contain special location-determining” hardware or software used to pinpoint E-911 calls. OnStar said embedded telematics devices shouldn’t be treated as handsets and weren’t covered under Phase 2 requirements. Embedded telematics systems use standalone GPS while handset-based Phase 2 solutions use network-assisted GPS handset solutions. OnStar also told FCC that telematics units shouldn’t be counted as handsets in calculating carrier compliance with handset activation milestones. OnStar said handsets had relatively short life cycles but retrofitting existing analog telematics units with digital systems was more costly.

FCC Wireless Bureau late Fri. referred compliance by Cingular Wireless and T-Mobile USA with Enhanced 911 Phase 2 requirements to Enforcement Bureau for possible action. Cingular and T-Mobile separately had asked FCC in petitions for reconsideration to extend handset deployment dates for Enhanced-Observed Time Difference of Arrival (E-OTD) technology. Carriers requested interim benchmarks beyond what FCC had granted in Oct. 2001 waivers for Phase 2 rollout. Cingular this fall had told FCC that because of uncertainties over ability of E-OTD to satisfy Oct. 1, 2003, deadline for accuracy, it had suspended E-OTD infrastructure shipments. E-OTD is hybrid handset-network solution for locating wireless 911 callers. Ability of wireless carriers to roll out E-OTD technology in GSM portions of their networks has come under fire from public safety groups. In case of T-Mobile, last Dec. it had asked FCC to modify its E911 Phase 2 waiver, outlining proposed new deployment schedule for E-OTD. In report at FCC in Oct., T-Mobile said it didn’t expect it could meet Dec. 31, 2002, benchmark for implementing E-OTD for all valid requests from public safety answering points pending as of June 30, 2002. That proposed target had been part of T-Mobile’s request at FCC to amend its E911 Phase 2 waiver. Because T-Mobile informed agency it couldn’t meet proposed date, “we find it no longer appropriate to address T-Mobile’s amended request for limited modification,” bureau said in order, dismissing request as moot. “We refer issues regarding T-Mobile’s compliance with its Phase 2 obligations under its existing compliance plan to the Enforcement Bureau for possible enforcement action,” order said. In case of Cingular, in Nov. it filed petition for reconsideration of FCC order that had granted waiver request for additional compliance time for E911 Phase 2, including dates by which it had to begin selling certain levels of E-OTD capable handsets. While that petition proposed extended deployment dates, Oct. 2002 filing cautioned that it had halted E-OTD shipments beyond what already had been deployed and was exploring alternatives. In order, Wireless Bureau said it treated as “severable request” part of Cingular’s reconsideration petition that proposed revised handset rollout dates. Other issues remain pending before FCC, order said. In filing Fri., Cingular confirmed that it had decided not to deploy E-OTD in favor of True- Position network-based solution called Uplink Time Difference of Arrival (U-TDOA). Cingular said it had completed trial of U-TDOA in Wilmington, Del., in Oct., including 17 sites that covered 20 square miles. Data showed that 67% of calls were located within 47.1 m and 95% within 112.2 m, within FCC accuracy requirements for network-based Phase 2 solutions.

FCC Comr. Adelstein, who attended his first FCC meeting Wed., left shortly after it started but said issues on which he has been recused should be cleared up by end of week. Adelstein stayed for first item, presentation by Wireless Bureau on unintentional 911 calls that didn’t require FCC vote, leaving before notice of inquiry on wireless service in rural areas was on floor. “I don’t need to say much because the whole world has been waiting for him,” Chmn. Powell said at start of meeting. Comr. Abernathy, sole female commissioner, said she was “thrilled” to have Adelstein on board and joked that “it’s great to have another guy.” Noting that Democratic representation on Commission just increased 50%, Copps said, “I can already feel the energy.” Copps praised Adelstein’s “outstanding intellect,” common sense and good judgment. “I can’t tell you the admiration I have for Jonathan, the way he handled his long and tortured road to nomination,” Copps said. Agenda meeting started at 1:30 p.m. instead of 9:30 a.m. because of icy morning rush hour Wed. Adelstein quipped: “It doesn’t really bother me. I'm kind of used to delays by now.” He had told reporters Tues. that he would be recused from voting on proposal to change way carriers contributed to universal service fund and said he wouldn’t be voting on any of Wed. agenda items (CD Dec 11 p1). “I had hoped to participate fully in the meeting,” he said Wed. “Because of an existing family financial holding, which we are in the process of divesting, I have been advised to recuse myself from the items… I am working with the Office of the General Counsel to resolve this conflict which I expect most likely will be resolved by the end of this week.”

FCC opened inquiry Wed. into making additional spectrum available for unlicensed devices, including TV broadcast spectrum. Office of Engineering & Technology Chief Edmond Thomas cited Wi-Fi as example of kinds of technology that used cognitive, frequency-agile radios to share such spectrum with incumbents. FCC Chmn. Powell stressed item would balance how to use existing spectrum efficiently while not interfering with incumbents. Comr. Martin voiced concerns about unlicensed applications in current broadcast spectrum, particularly because inquiry comes during DTV transition.