Cable One agreed to sell AT&T Mobility AWS-1 licenses in 119 counties across 24 Cellular Market Areas, said a notice from the FCC. “Post-transaction, AT&T would hold a total of 63 to 153 megahertz of spectrum in the CMAs involved in this transaction, including 20 to 50 megahertz of AWS-1 spectrum,” the notice said (http://bit.ly/1b9I9jb). “The Applicants assert that the proposed assignment would serve the public interest because it would enable AT&T to increase its system capacity to enhance existing services, better accommodate its overall growth, and facilitate the provision of additional products and services to the public in the geographic areas authorized under the licenses.” The licenses “cover geographic areas scattered throughout the country,” said the notice. Petitions to deny are due at the FCC Feb. 20, oppositions March 3 and replies March 10.

Qualcomm proposed a rule aimed at acknowledging that a non-geostationary satellite system in the 14.0-14.5 GHz band could be deployed at some future point. Qualcomm proposed limiting the aggregate increase in interference into a future NGSO satellite system to 1 percent and requiring the system licensee coordinate operations with the air-ground mobile broadband licensee to the extent it seeks to operate at elevation angles below 8 degrees, it said in a filing in docket 13-114 (http://bit.ly/1jkSj30). To comply with these levels, the air-ground mobile broadband base station beam may turn its power down, or off, as appropriate, when it causes the aggregate increase in interference of the NGSO system to exceed the 1 percent level, it said. Qualcomm asked the FCC to promptly issue a report and order establishing the air-ground service on a secondary licensed basis in the 14.0-14.5 GHz band. This should be followed by scheduling an auction of the secondary licensed spectrum, said the company.

Opponents of a deal by T-Mobile US to buy Verizon Wireless’s 700 MHz A-block licenses for $3.3 billion have until Feb. 28 to file a petition to deny, under a pleading cycle released Friday by the FCC. Combined with the low-band spectrum T-Mobile already has in the Boston area, T-Mobile said it will have low-band spectrum in 21 of the 30 top U.S. markets once the sale is culminated (CD Jan 7 p1). “The Applicants assert that the proposed transactions would provide T-Mobile with low-band spectrum associated with significant population coverage for the first time,” said a public notice from the FCC (http://bit.ly/1fEWpxb). “According to the Applicants, T-Mobile expects that its acquisition of this low-band spectrum would increase the reliability, performance, and coverage of its network in specific markets, particularly improving in-building penetration in urban areas and coverage in suburban and rural areas.” Oppositions are due March 10, replies March 17.

Dish Network urged the FCC to deny NTCH’s request to review Dish’s waiver regarding operations of its AWS-4 spectrum. “NTCH does not, and cannot, explain why it is harmed in any way by the flexibility and additional buildout time provided by Dish,” said the direct broadcast satellite company in an opposition filing in docket 13-225 (http://bit.ly/1f2gUlT). It said NTCH mischaracterizes Dish’s H-block bidding commitment, the Wireless Bureau’s decision and commission precedent. Dish said its interest in the H-block auction “was related to the requested flexibility for the lower AWS-4 band.” Absent the flexibility that was granted, Dish isn’t able to fully utilize the lower AWS-4 band in the uplink direction given that the adjacent H block is planned for downlink use, it said. The bureau’s inclusion of the H-block bidding commitment in its public interest analysis was hardly unprecedented, the company said. It said that in 1995, “the commission cited MCI’s commitment to bid $175 million for Advanced’s DBS channels, if the FCC chose to reclaim them.” NTCH claimed that the waiver gives Dish an unfair advantage in the H-block auction, which began Jan. 22 (CD Jan 24 p10).

NTIA urged the FCC to take steps to phase out use of emergency locator transmitters (ELTs) that are operated in the 121.5 MHz band by pilots of small aircraft, in favor of systems that use the 406 MHz band. ELTs must be installed in many aircraft under FAA rules. NTIA said that “406 MHz ELTs are superior to 121.5 MHz-only equipment in their ability to increase the efficiency and accuracy of search and rescue operations, thereby minimizing threats to life and property, reducing costs of federal and state search and rescue operations, and improving the likelihood that such operations will be successful"(http://bit.ly/1dtA4jz). “The costs to aircraft owners to transition from 121.5 MHz-only to 406 MHz ELTs have declined in recent years and likely will continue to do so in the years to come. These costs are significant but must be balanced against other compelling factors in this proceeding.” Last year, the Department of Transportation and FAA said the FCC should allow use of both systems. While 406 MHz systems are superior “we believe that 121.5 MHz-only ELTs continue to provide a beneficial means of locating missing aircraft in critical emergency situations and that a prohibition of their use should not be imposed by regulation,” DOT and FAA said (http://bit.ly/1ki2gOQ).

Intellectual Ventures’ patent infringement lawsuit against Google-owned Motorola Mobility temporarily halted Wednesday when U.S. District Judge Sue Robinson in Wilmington, Del., declared a mistrial. Intellectual Ventures, which some critics have called a patent troll, had claimed that Motorola Mobility hardware and the Google Play app used on Android mobile devices violated three Intellectual Ventures patents. Robinson declared the mistrial and ordered a retrial of the case after the jury found it could not reach a verdict just a day after it began deliberations on evidence presented during the two-week trial. Intellectual Ventures had originally filed the lawsuit in 2011, when Motorola Mobility was still part of Motorola, but Google became involved in the case when it bought Motorola Mobility in 2012. Lenovo recently announced it would buy Motorola Mobility as part of a $2.91 billion deal, but Google will continue to own most of Motorola’s patents. Melissa Finocchio, Intellectual Ventures chief litigation counsel, said in a statement that “Mistrials are an occasional fact of life, and it is disappointing (for us, and probably also for Motorola) that the jury could not reach a unanimous verdict. But we are looking ahead to the retrial on these patents and also to our two other upcoming trials with Motorola Mobility Inc. later this year.” Intellectual Ventures and Motorola Mobility are set to return to U.S. District Court in Wilmington for a second patent case April 7. The two companies will face each other in another case Nov. 17 in U.S. District Court in Fort Lauderdale, Fla. Motorola Mobility said in a statement “we continue to believe this lawsuit was based on overbroad patent claims meant to tax innovation.”

The government should impose market-based fees on federal agencies to force them to rationalize their spectrum holdings, Brattle Group said in a white paper paid for by Verizon. “By imposing a spectrum based fee, the cost of spectrum based services for federal users will reflect the use of this scarce resource,” Brattle said (http://bit.ly/1bu6eM7). “Consistent with the principle that government spectrum users should consider the [foregone] economic value of spectrum deployed for their services, we suggest that a federal user fee should be based on the commercial value of spectrum. By tying the fee for federal spectrum to spectrum’s commercial price, federal users would be incurring the foregone economic value or opportunity cost of the spectrum in deploying these federal services.” Brattle said, like industry, the government has a growing need for spectrum. “As of September 2012, federal users had over 240,000 frequency assignments and their needs are increasing,” Brattle said. “Superstorm Sandy and the Mid-Atlantic Derecho only reinforced the need for accurate satellite weather tracking and hardened wireless infrastructure that can sustain the force of brutal storms. Even before the nationwide interoperable public safety network is built, local public safety groups foresee a growing need for video surveillance and mobile wireless video support for rapid response.”

Intel continues to favor allocating additional spectrum at 5 GHz for unlicensed use and maximizing the amount of spectrum for unlicensed in the TV band, said Peter Pitsch, executive director-communications policy, in a meeting with Jeffrey Neumann, aide to FCC Commissioner Ajit Pai. Intel favors a band plan for 600 MHz spectrum with seven pairs of wireless licenses offered for sale if possible, Pitsch said, said an ex parte filing from the company. “The licensees in the top markets, if they unanimously agree, should be able to make band plan changes after the auction closes,” he said. “The FCC should consider setting nationwide reservation prices for the guard band and duplex gap based on its assessment of the societal value of unlicensed use of these bands and put the guard band and duplex gap out for bid. If the total bids exceeded the respective reservation price, then the guard band or duplex gap would be licensed, otherwise, they would be unlicensed.” Other companies have been lobbying the FCC in recent days on Wi-Fi and unlicensed spectrum (CD Feb 6 p17).

Fibertech Networks said it activated what it called the “first outdoor metro small cell site in the nation.” An unidentified wireless carrier for commercial traffic is using the small cell site, Fibertech said. “There has been a tremendous amount of press and speculation in the wireless segment about small cell, and the potential explosion of wireless carrier’s deployment of this technology, but until now it has been limited to planning discussions and internal testing,” said Michael Hurley, Fibertech vice president-sales and marketing, in a Wednesday news release. Metro small cells look similar to outdoor distributed antenna system nodes, but have their own deployment requirements, Fibertech said. The company said it expects metropolitan small cells will become a key way to allow “wireless carriers to increase broadband network reach and capacity” (http://bit.ly/1ke567k).

The Free State Foundation said the FCC should take seriously Lifeline changes sought by TracFone (http://bit.ly/LQAyuc), including a proposal that eligible telecommunications carriers be allowed to retain income-based and program-based eligibility documentation. The FCC Wireline Bureau sought comment on the petition (http://bit.ly/1eyjELs). “By now, the Commission should be aware of its problematic rules which erect unnecessary barriers to efficient subscriber eligibility determinations,” FSF said in a blog post Wednesday (http://bit.ly/LzfuHL). “Reforms that help ensure Lifeline subsidies are distributed only to eligible applicants, based on a proper application review process, will help achieve the commendable goals of the program. Unlike those parts of the USF program that distribute subsidies in a more indiscriminate fashion, like the high-cost fund, Lifeline provides targeted subsidies to those in need who meet income eligibility requirements. The Lifeline program is worthwhile, but it can only be sustained if it is administered efficiently and with minimal levels of fraud and abuse. That’s why reforms like those proposed by TracFone are necessary to improve the Lifeline program and to maintain public confidence that Lifeline funds are not being wasted."