Dish Network rejected claims by Verizon on the AWS-3 NPRM. Verizon’s characterization of the status of Third Generation Partnership Project (3GPP) work on AWS-3 spectrum is “entirely inaccurate,” Dish said in an ex parte filing in docket 13-185 (http://bit.ly/1eWsG1U). No work is underway to develop a band class encompassing AWS-1 and AWS-3 spectrum, Dish said. Only upon agreement at the Radio Access Network 4 level “for such a work item and subsequent RAN approval in June 2014 can the band plan work begin,” it said. Verizon said it isn’t aware of studies on the impact that federal aeronautical mobile telemetry operations at 2200-2290 MHz could have on AWS-3 equipment that includes Dish’s AWS-4 downlink band (http://bit.ly/1j8BFEp). That is “irrelevant,” Dish said. “Such federal operations are only relevant to Dish’s base stations in 2180-2200 MHz.” Dish also rejected Verizon’s claim that the 3GPP hasn’t created an asymmetrical band class like the one Dish proposed. The 3GPP “already has precedent of standardizing asymmetrical combinations,” Dish said.

The International Trade Commission said it’s ending a Section 337 Tariff Act investigation into patent infringement claims involving smartphones imported by HTC, with a finding of no violation, reversing an earlier finding by an ITC administrative law judge, said a notice from the agency scheduled for Thursday’s Federal Register (http://1.usa.gov/1ddIdzk). The judge had found the HTC Vivid and Droid Incredible 4G LTE infringed patents on electronic imaging devices held by FlashPoint. FlashPoint licenses those technologies to Apple and Motorola Mobility, which Google has agreed to sell to Lenovo. After a review, the commission found the Vivid and Droid phones didn’t actually infringe the FlashPoint patents, and ended the proceeding. The investigation had been ongoing since June 2012.

TracFone urged the FCC Tuesday to approve its petition to allow TracFone and other eligible telecommunications carriers (ETCs) to retain copies of documentation showing consumers are eligible for the commission’s Lifeline program. Waiving or amending the Lifeline rules to allow document retention will enable ETCs to “further ensure that they provide Lifeline service only to qualified households and to respond to audits and other inquiries from USAC [Universal Service Administrative Co.] and the Commission with auditable information,” TracFone said. All of the comments on the TracFone petition were supportive, with one of the main arguments for ending the FCC’s ban on Lifeline document retention that ETCs “are unable to defend themselves in the event of an audit or in-depth validation review” by USAC or the FCC, TracFone said. The FCC’s recent enforcement actions against several ETCs over allegations of duplicate Lifeline subscribers “indicates that there is a real threat of future enforcement actions” and that “it is imperative that ETCs be allowed to fully defend themselves by retaining evidence that they comply with all applicable rules” on Lifeline eligibility, TracFone said. All commenters agreed with TracFone that safeguards would reduce privacy concerns related to document retention, including document encryption, separate storage, access limitations and advance consent on Lifeline application forms, TracFone said (http://bit.ly/1eSQHqA).

In spectrum licenses, “size matters,” and offering smaller blocks for sale will mean a more competitive AWS-3 auction, said T-Mobile Vice President Kathleen Ham Wednesday in a posting on the carrier’s blog. “Verizon and AT&T are advocating for big blocks covering big geographic areas,” Ham said (http://bit.ly/1dquzDv). “However, an auction with too many large blocks is a configuration that has the real potential to dissuade competitive carriers from participating in the auction. By contrast, smaller spectrum blocks with a mix of large and small geographic areas will provide the greatest opportunity for a wide variety of bidders to participate and obtain licenses that match their licensing needs.” The FCC faces a Goldilocks choice as it designs the auction, Ham said: “It should keep in mind that neither bigger nor smaller is always better. Rather, if the spectrum block and geographic area sizes are just right, the auction will surely be a success."

Globalstar again said the FCC should adopt safeguards to minimize the risk of harmful interference to the company’s licensed services from the deployment of outdoor access points in the Unlicensed National Information Infrastructure band. Neither the commission nor parties to this proceeding “truly know what new technologies and new services will be developed [for] this unlicensed spectrum over the next 15 years,” it said in an ex parte filing posted Tuesday to docket 13-49 (http://bit.ly/1gAdZB5). The commission should work to find solutions to increasing Wi-Fi congestion in the U.S., but it must ensure that Globalstar’s licensed mobile satellite services operations are protected from harmful interference, it said. Globalstar also urged the FCC to deny and dismiss Iridium’s petition to revisit the band plan in the Big Low Earth Orbit. Globalstar utilizes the full L band and the full S band in its Big LEO spectrum on a daily basis “throughout its global coverage area to provide critical voice and data communications,” it said. Last week, Globalstar and BNP Paribas met with International Bureau Chief Mindel De La Torre and other bureau staff, it said. The FCC is tentatively scheduled to vote March 31 on an order about spectrum cable operators, and allies seek to use for Wi-Fi that’s been the subject of conflicts with Globalstar (CD March 3 p1).

The FCC should stop leasing Educational Broadband Service spectrum, mostly to Sprint, and auction it instead, using the proceeds to pay for broadband in the schools, said a new paper by the Center for Boundless Innovation in Technology (CBIT). President Barack Obama has set a goal of getting 99 percent of American schools and libraries online at speeds of 100 Mbps within the next five years, said the paper by CBIT Executive Director Fred Campbell, former chief of the FCC Wireless Bureau (http://bit.ly/NuJGVq). “The current level of E-rate funding is far too limited to meet the President’s goal, however, and a substantial increase in universal service funding would threaten the affordability of broadband services in rural areas and to low-income communities,” the paper said. “Strangely, the FCC has ignored an obvious source of at least $11 billion in educational funding for which the FCC already has ultimate authority: The 117.5 MHz of spectrum allocated for the Educational Broadband Service (EBS) in the 2.5 GHz band.” CBIT said an incentive auction, like the pending auction for TV spectrum, would be the perfect tool for selling the EBS spectrum. “A portion of the auction revenues would be used to compensate existing educational licensees for relinquishing their spectrum rights,” CBIT said. “The remaining portion could be used to provide students nationwide with the world-class Internet infrastructure envisioned by the ConnectED initiative on a revenue neutral basis without threatening other universal service policy goals.” All CBIT funding to date comes from nonprofit organizations, Campbell said. Sprint provides some $24 million annually in cost-free wireless services and devices to thousands of elementary and secondary schools across the U.S. each year, a spokesman responded. “Notwithstanding CBIT’s concerns for improving wireless broadband for schools and libraries, we must note that forcing licensees to sell their 2.5 GHz spectrum -- apart from being legally dubious -- wouldn’t come close to generating the revenue needed to sustainably support broadband access for America’s educational institutions,” the spokesman said. “It is also surprising to see an advocacy group like CBIT recommend a public policy which fundamentally contradicts the free market principles it proclaims to support."

The FCC should adopt “decisive” rules that implement and enforce Section 6409(a) of the of the 2012 spectrum law, PCIA’s government affairs staff told members of the FCC Wireless Bureau in a meeting Friday (http://bit.ly/1hCBTOL). The FCC has been seeking to clarify the section, which allowed for federal governance of state and local reviews of eligible requests for modification of existing wireless towers or base stations (CD Oct 29 p15). Specific rules that “define statutory terms and specify application procedures, timelines, and remedies consistent with congressional intent will promote predictability, remove uncertainty, and avoid unnecessary and costly litigation,” PCIA said in an ex parte filing released Wednesday. As the FCC defines what constitutes a modification that will “Substantially Change the Physical Dimensions,” it should apply the 2001 Collocation Programmatic Agreement’s test with modifications that will reflect the 2004 Nationwide Programmatic Agreement, PCIA said. The commission should also “tie” the baseline tower size to a structure’s last zoning approval or the date the FCC instituted rules, depending on which is later. The FCC should approve all eligible “legal, non-conforming structures” within 45 days “without exception and without discretionary review,” but jurisdictions may still require adherence to building codes, PCIA said. The group also urged the FCC to implement Section 332(c)(7) and the Shot Clock, arguing that the group’s members “continue to experience undue delay as a result of additional information requests and moratoria.” To prevent backup, the FCC must establish a “floor” for application readiness, PCIA said. The group also requested the FCC streamline its environmental and historic review process for distributed antenna systems and small cells by “categorically” excluding facilities that meet a tech-neutral, volume-based definition.

The newly formed Dynamic Spectrum Alliance pressed the FCC to make room for both licensed and unlicensed spectrum above and below 1 GHz (http://bit.ly/1gy1Tsa). “Enabling access to both licensed and unlicensed spectrum is key to meeting increasing spectrum demands,” the group commented to the agency (http://bit.ly/1eOTDof). “In the past, such a balanced approach has fueled the wireless economy, benefiting consumers, innovators, and investors alike. Exclusive access to licensed spectrum has enabled wireless carriers to make large-scale, long-term investments in their networks and to strengthen their competitive positions. Shared access to unlicensed spectrum has enabled wireless carriers to offload both traffic and costs onto Wi-Fi networks, massively increasing available bandwidth and productivity.” The new group’s charter members include representatives from BSkyB, Google and Microsoft, with promoters including Facebook and advisers including Texas Instruments (http://bit.ly/1p8jOuL).

The FCC Wireless Bureau extended by one week the deadlines for initial and reply comments on ClearRF’s request for a determination of equivalent protection. The cell-signal booster maker argues that its ClearRF Model Number WRE2710 “provides equivalent protections to the Commission’s Network Protection Standard even though it does not meet the technical standards” in the agency’s rules, the bureau said (http://fcc.us/1ePvrSu). CTIA sought the extra time “to allow for a thorough technical evaluation of ClearRF’s assertions,” the bureau said. Comments now are due March 27, replies April 3.

With the FCC’s signoff Thursday (CD March 14 p5), AT&T said its buy of Leap Wireless and its Cricket brand is now complete. “In the coming weeks, Cricket will be integrated with AT&T’s existing operations to create the new Cricket,” AT&T said in a news release (http://soc.att.com/1im20fl). “The new Cricket will shake up the no-contract segment with a combination of simple, low-cost rate plans; a terrific lineup of smartphones; and a great network experience. The new Cricket will have access to AT&T’s nationwide 4G LTE network covering nearly 280 million people. AT&T will gain access to Cricket’s distribution channels and will be able to expand Cricket’s presence to additional U.S. cities."