FCC is “very sympathetic to regulation parity” between broadband services provided by cable companies and telcos “but there are limits to what the Commission can do,” Comr. Martin said Wed. in Comnet session in Washington. In What’s Ahead in Communication Policy and Regulation he said 2 deployment models were “regulated very differently.” Citing current cable open access proceeding at FCC, Martin said he was “hesitant to apply legacy regulations” to cable industry: “I am worried about regulating up.” When Commission opens proceeding and then fails to reach decision, uncertainty created can dampen investments in new technology, he said: “The Commission needs to be careful with regulatory parity” and “not impose new burdens on new technology.” Regulatory parity should be implemented “with very subtle tools,” otherwise it could “slow deployments [in markets] where cable has been very successful,” he said.

Public safety groups asked FCC Wed. to be more active in testing conducted by wireless carriers for upcoming number portability and pooling deadlines to take account of 911 system impact. National Emergency Number Assn. (NENA), Assn. of Public-Safety Communications Officials International and National Assn. of Nine One One Administrators want Commission to enforce its wireline-to-wireless number portability nondegradation rules to require wireless carriers to deliver 911 Phase 2 data in customer service area. Wireless carriers face Nov. 24 deadline for both number portability and pooling requirements and large carriers have been urging FCC to exercise forbearance on portability deadline. Filing by NENA and others challenges “the near-simultaneous implementation of wireless local number portability and number pooling, on the one hand, and wireless enhanced 911 Phase 2 service on the other hand.” Public safety groups told Commission they weren’t taking position on forbearance petition on portability filed by Verizon Wireless. Groups said their aim was to ensure 911 service wasn’t degraded by implementation of either wireless number pooling or portability requirements. They said: “A wireless carrier should not be permitted to accept a customer switching from a wireline carrier and retaining the wire telephone number unless the wireless carrier is capable of delivering to the customer Phase 2 wireless E911 service.” They also argued that wireless carrier, if FCC regulations were enforced, shouldn’t be allowed to accept customer from another wireless carrier and retain same wireless phone number “unless its E911 service matches or surpasses that of the losing carrier.” Wireless number portability testing by industry should involve FCC oversight to make sure all wireless carriers involved had test results that showed no degradation or interruption in national networks, “particularly as this applies to 911 and emergency services’ access,” NENA said: “The FCC should make it clear to the wireless industry leadership that it is essential that each wireless carrier have substantial proof, prior to wireless number portability/pooling implementation, that there will be no loss or diminution of 911 service and access to emergency services/public safety.” Groups said “summit meeting” of experts “in the very near future” would help resolve key issues with existing timelines. “Any negative impact could affect several million wireless 911 customers in first year of wireless number portability/pooling implementation,” NENA said.

N.Y. Gov. George Pataki (R) proposed including in new state budget a provision allowing counties and cities to impose 30-cent local 911 fee on top of state’s 70-cent monthly 911 surcharge. Proposal drew criticism from state lawmakers and from local govts. that plan is supposed to help. Localities said that with state fee collections increasing due to more wireless phones, state should give local govts. cut of state’s collections instead of authorizing new local levy. In other state legislation, Cal. Senate Energy, Utilities & Communications Committee passed SB-500, which would require telephone, energy and cable companies to tell customers calling for installations or repairs that they could request specific 4-hour time window for service visit. In other new bills, Hawaii’s HB-1873 would establish informal public-private information technology development working group to encourage hi-tech firms to locate in state. Another Hawaii bill (HB-1741) would prohibit school bus drivers from using mobile phones except to report emergency. Two Utah bills (HB 67 and HB 194) would establish secondary motor vehicle offense of “inattentive driving” caused by using car phone, other electronic device, eating, grooming and other distractions; bills differ in fine that would be imposed. Utah telephone tax bill (SB-59) would clarify state law by making clear that state phone taxes applied to municipally owned as well as privately owned telecom providers. In Ill., HB-3938 would repeal state’s ban on student possession of cellphones or pagers in public schools. Another Ill. bill (HB-3937) would require local exchange providers to supply adaptive telecom equipment to any disabled person, not just those with hearing or speech disabilities. Bill in Ariz. (SB-1080) would require that all information technology equipment and software used in state government by employees, program participants or general public could be used by people who were blind, deaf or otherwise disabled. S.D. bill (HB-1227) would make it misdemeanor to send unsolicited fax and e-mail ads without toll-free number or e-mail address that recipients could use to be removed from future solicitations.

U.S. Conference of Mayors recommended upgrade in 911 and 311 systems in report titled National Action Plan for Safety and Security in America’s Cities. Report said 911 would be overwhelmed in event of weapon of mass destruction. Cities that haven’t instituted 311 should do so, it said, although such expansion would require more personnel. Report said: (1) Satellite communication system should be available when other systems weren’t functioning. (2) Sale of 800 MHz radio bands to private sector should be prohibited. (3) Federal govt. should support development of needed equipment and infrastructure for 800 MHz communications systems that would allow communication among EMS, fire and police as well as railroads, public works or other entities involved in an incident. Office of Homeland Security Dir. Tom Ridge told mayors in Washington that communication among federal, state, local authorities needs to be improved.

Wireless carriers are backing request to FCC that seeks clarification about when public safety answering points (PSAPs) are ready to receive data under Enhanced 911 rules. Sprint PCS in Nov. filed petition for reconsideration seeking changes to documentation requirements for PSAPs that FCC had created. Cingular Wireless also has filed petition for reconsideration, challenging overall decision by Commission on PSAP readiness and citing procedural and substantive grounds. Richardson, Tex., originally asked FCC to better define what constituted valid PSAP request for E911 service. Oct. decision by FCC now under challenge had said that PSAP submitted valid E911 request: (1) If any upgrades needed on PSAP network would be completed within 6 months of request. (2) If PSAP had made “timely request” to LEC for trunking and other facilities needed for E911 data to be transmitted. Assn. of Public-Safety Communications Officials-International (APCO), National Emergency Number Assn. and National Assn. of State Nine One One Administrators told FCC in comments that they disagreed with changes Sprint sought on LEC readiness part of order. Sprint said PSAPs should be required to document that necessary LEC upgrades will be completed within 6 months of E911 data request or LECs should publish their Phase 2 database upgrade schedule. “Such a LEC publication requirement should not, however, alter the basic obligation of carriers to respond to a PSAP request, so long as the PSAP can document that a database upgrade request has been submitted to the relevant LEC.” But CTIA said it agreed with Sprint petition to ensure PSAP request for Phase 2 E911 service was granted after PSAP verifies it was ready to use information. “Requiring wireless carriers to deliver Phase 2 services when the PSAP will not be capable of utilizing the data within the 6-month implementation period is a waste of resources,” CTIA wrote. Group said “despite the best intentions of the PSAPs,” they have record of not being able to receive and use Phase 1 data even if mechanism is in place for recovering costs of system upgrades. Even in states where PSAPs have access to state funding for preparing for E911 compliance, “it is anticipated that a majority of states have or will raid funds dedicated to wireless 911 to cover budget deficits,” CTIA said. To make sure carriers have protection from spending “unnecessary resources” and that PSAPs will be ready to use E911 data, CTIA said FCC should give wireless operators more time for installation when PSAP “fails to substantiate Phase 2 readiness.” CTIA agreed with Sprint proposal that Phase 2 service only can become operational when automatic identification location database capabilities needed from LECs have been upgraded for Phase 2. Nextel also filed comments siding with Sprint, saying valid PSAP request for E911 has to demonstrate technical upgrades by wireless carrier, PSAP and LEC. “If any prong is not in place, Phase 2 E911 cannot be deployed,” Nextel wrote. VoiceStream also stressed in comments that FCC can’t assume that because PSAP has requested database upgrade from LEC, that system will be in place in 6 months.

Leading Minn. Senate Democrats called for 80% increase in 911 phone bill surcharge to help fund proposed homeland security-related program to improve statewide emergency communications. Proposed 911 fee increase to 49 cents monthly from 27 cents, which would be included in next state budget bill, would generate about $5 million annually toward program’s $29 million cost. Asst. Senate Majority Leader John Hottinger (D-Mankato) and state Sen. Jane Ranum (D- Minneapolis) said move would be permanent increase. They said security plan had support of many local police, fire and emergency rescue units around state. Money from higher 911 surcharge and other sources yet to be determined would finance complete overhaul of 9-county metro Minneapolis police-fire-ambulance radio system within 3 years that would replace current outdated equipment. Plan also calls for adding latest wireless caller-location gear to 911 systems, improved coordination of fire and hospital resources, establishing 4 additional “hazmat” teams around state that would handle emergencies involving top-level hazardous materials, upgraded security at state capitol complex, establishing fund to reimburse localities for extraordinary costs related to terrorism, and providing security-related equipment and training to local emergency responders. Senate Democrats’ plan is similar to $25 million plan proposed in Dec. by House Republicans in terms of how funds would be spent. Where Democrats propose funding significant portion of program’s costs by direct levy on state’s phone users, GOP’s version doesn’t specify how any of needed funds would be raised. Ranum said homeland security should be nonpartisan issue and “top priority” for more funding, even as state contemplates deep cuts in various programs to erase projected $1.95 billion budget deficit.

Assn. of Public-Safety Communications Officials International (APCO) warned FCC Chmn. Powell that potential ultra-wideband (UWB) interference in bands below 6 GHz posed “unacceptable” risk to public safety operations. In Jan. 16 letter released Thurs., APCO Pres. Glen Nash acknowledged that some proposed UWB operations could be useful for public safety agencies, but he told Powell: “A greater concern is that widespread unrestricted deployment of commercial UWB devices could cause harmful interference to public safety radio systems and to critical GPS-based technologies used to locate emergencies.” APCO was particularly concerned about “uncontrolled, unpredictable” UWB operations indoors. “Within buildings, low-power portable public safety radios (all of which operate below 1 GHz) may be susceptible to signal degradation caused by increased noise levels produced by UWB devices,” APCO said. Nash said that at 800 MHz, these radios already faced interference from Nextel and other adjacent cellular systems. “Adding potential UWB interference to that scenario is unacceptable,” APCO said. Group also cited concerns that potential impact of UWB signals on GPS systems could compromise accuracy of Enhanced 911 systems that relied on GPS to pinpoint location of emergency callers. “We urge the Commission to proceed with great caution in its consideration of this important issue,” Nash said. Separately, AT&T Wireless, Cingular Wireless, Qualcomm, Sprint PCS and Verizon Wireless wrote to Powell Thurs. reiterating their concerns about UWB’s impact on wireless phones, including E911. Wireless coalition cited letter earlier this week to NTIA from Asst. Secy. of Defense for Command, Control, Communications & Intelligence John Stenbit (CD Jan 15 p1). He outlined DoD’s UWB position, saying Pentagon required that there be no intentional emissions below 4.2 GHz except for imaging systems. Stenbit also acknowledged that other agencies had concerns about higher frequencies. Citing higher cutoff of 6 GHz backed by Dept. of Transportation and NASA, wireless carriers said they continued to agree with higher cutoff. Group also cited recent test results that carriers said showed harmful effect of UWB on Qualcomm’s E911 technology, gpsOne. Verizon and Sprint are rolling out that technology to meet FCC’s E911 requirements. “These tests proved that gpsOne technology incorporated into wireless phones to provide E911 service will not operate reliably or accurately in the face of UWB emissions,” letter said. “There is no basis to authorize UWB communications devices below 6 GHz.”

Public safety and wireless experts led by ComCARE Alliance unveiled recommendations Tues. for bridging communications gaps among hospitals, public health agencies and emergency responders to respond to homeland security and other emergencies. Group called for electronic directories of emergency agencies that would allow federal, state and local officials to disseminate information on threats such as bioterrorism without “alerting the public on CNN or the emergency broadcast system.” At Washington news conference, officials said they wanted to be able to share mapping data to coordinate responses to incidents. ComCARE Founder David Aylward said group still was working on overall projection of program’s cost, but told reporters that for communications infrastructure, federal component could come to $150 million, including possible reprogramming of existing funds. Program, developed after emergency communications problems cropped up in Sept. 11 terrorist attacks, also calls for better training and increased deployment of 911 capabilities.

Qualcomm warned FCC Fri. that ultra-wideband (UWB) emissions in GPS spectrum would make GPS devices “useless” for meeting Enhanced 911 accuracy requirements for wireless phones. Test results show that if UWB device is within 14.5 m of GPS phone, “half the time that the caller dials 911 the caller cannot be located within the parameters that the Commission has set” for E911, said Jonas Neihardt, head of Qualcomm Washington office. New Qualcomm test results come within weeks of target that FCC had set for bringing up UWB as item at Feb. agenda meeting. Lab tests evaluated impact of UWB emissions on GPS-enabled phones, which are being used to pinpoint caller locations within accuracy requirements set by FCC. Tests found that UWB emission in GPS spectrum “significantly raises the noise floor of the GPS sensor to the extent that it will render the GPS device useless in reporting position location information” to public safety answering point, Qualcomm said in ex parte filing. Equipment-maker urged FCC to not allow UWB devices to operate within GPS band “until suitable measures have been taken to limit sufficiently the UWB emissions within the band.” Qualcomm said it also wanted Commission to wait on UWB operation in GPS spectrum until “empirical testing conclusively proves that there will be no further system degradation once these measures have been implemented.” Qualcomm said its tests using GPS-enabled PCS handsets found that single UWB devices degraded performance by: (1) Raising effective noise floor of GPS receiver. (2) “Significantly” reducing satellite availability. (3) Negatively affecting position accuracy. Qualcomm has been raising concerns at FCC about potential for UWB devices to create interference in GPS bands, but several sources said new data were more specific about interference details. “In this study, we are able to reach a greater level of granularity,” Neihardt told us. “The goal here is to understand the impacts so that we can all work to figure out an approach to mitigate this interference,” he said: “The goal here is not to stop UWB. The goal is to understand the problems that exist.” Others raised concerns about timing of Qualcomm’s submission. “After more than 3 years of proceedings, Qualcomm is choosing to file this at the last minute,” said Time Domain Vp- Corporate Strategy Jeff Ross, who said company still was reviewing Qualcomm data later Fri. Ross cited testing by Johns Hopkins U. (JHU) Applied Research Labs and Applied Research Labs at U. of Tex. (UT), NTIA and Stanford U. “When you take into account the level proposed by the FCC, the JHU/UT report implies that noise-coded UWB signals of the power levels proposed by the FCC will not cause interference by 1 to 1.5 meters.” Ross said: “If Qualcomm has reached another conclusion, we will be interested to see the science they used to arrive at that.”

PASADENA -- Huge viewer turnout expected for Salt Lake City Winter Olympics prompted Fox to withdraw significant co- op money from affiliates for Feb. advertising. Speaking to TV critics here, Sandy Grushow, chmn. of Fox TV News Group, admitted: “It’s been a very challenging year economically for all networks and the same is true obviously for local stations and station groups. And we have had some discussions about whether or not” spending significant money on promotion during Olympics “was the most sensible way to spend our collective dollars.”