CTIA Pres. Tom Wheeler said FCC’s rescheduling of Ch. 60-69 auction for June 19, 2002 (CD Oct 16 p3) doesn’t mean spectrum is “any closer to being put to higher uses, like public safety, as Congress directed.” FCC on Mon. rescheduled 700 MHz, which has been delayed from 5 previous start dates. “Protecting reruns of Bonanza on UHF television pales in comparison to using the spectrum for 911 calls and better communication for police, fire and rescue,” Wheeler said. In 700 MHz band, FCC has set aside 24 MHz for public safety users, which are also subject to efforts to have analog TV broadcasters vacate spectrum in advance of DTV transition deadline of 2005. “Even after the auction, the broadcasters will have to be paid extortion money to move. It’s a sad state of affairs when broadcasters have to be bought off what they promised to give back and Congress has directed to a higher public safety use,” Wheeler said.

Senate Commerce Communications Subcommittee members say they intend to work with wireless industry to exceed E-911 Phase 2 compliance plan deadlines. Sen. Wyden (D-Ore.) said at hearing Tues. that nation “has been forced to reorder its priorities” since Sept. 11 terrorist attacks and should serve as reminder to carriers “of the absolute critical need” to deploy location identification technology.

Senate Commerce Committee issued witness list for E-911 hearing today (Tues.): FCC Wireless Bureau Chief Thomas Sugrue, TruePosition Vp-Public Affairs Michael Amarosa, Montana 911 Program Mgr. Jenny Hansen, NENA First Vp John Melcher, SnapTrack Pres. Brett Sewell, CTIA Pres. Tom Wheeler. Hearing is 10 a.m., Rm. 253, Russell Bldg.

FCC released text of public notice Mon. that gives small and medium-sized carriers until Nov. 30 to file waiver petitions for Enhanced 911 Phase 2, if they haven’t done so already. Commission earlier this month outlined substance of E-911 Phase 2 waiver decisions for 5 national wireless carriers, granting all of them -- with conditions -- except for TDMA network portions of AT&T Wireless and Cingular Wireless plans (CD Oct 9 p1). “A substantial number of small and midsized wireless carriers have also filed Phase 2 waiver requests, but many other carriers have not,” agency said. “These carriers may face similar circumstances in deploying Phase 2 capability.” In “next few days,” FCC Wireless Bureau said, it will issue public notice providing more detailed guidance on form and content of petition filings for smaller carriers, including how they can make joint filings.

National Emergency Number Assn. (NENA) expressed disappointment that FCC granted conditional waivers last week to 5 carriers on Enhanced 911 implementation. “While NENA is disappointed with the conditional approval of these carriers’ implementation plans, the FCC is attempting to take positive steps to move wireless 911 forward,” NENA Pres. Sharon Counterman said. “Clearly our public safety efforts mandate that this technology is implemented soon rather than later.” She said FCC orders released Fri. (CD Oct 9 p1) responded to some of public safety community’s concerns through provisions such as required quarterly reporting. “Enforcement action regarding AT&T and Cingular is also appropriate and NENA urges the Commission to proceed with consent decrees that reflect AT&T’s and Cingular’s recent more proactive TDMA proposals, which come much closer to meeting the goals of Phase 2,” NENA said.

Assn. of Public-Safety Communications Officials International (APCO) expressed disappointment that FCC granted conditional Enhanced 911 waivers to 5 carriers (CD Oct 9 p1). “However, it appears from what we know of the FCC’s action that it has taken reasonable steps to move the process forward and to ensure that Phase 2 will be implemented in the most expeditious manner possible,” APCO Pres. Glen Nash said. He said APCO still was reviewing decisions, for which full text hadn’t been released. “While this technology may not have changed the events of Sept. 11, other terrorist attacks might be averted or lessened by the right information being available at the right time,” Nash said. FCC last week granted conditional waivers for AT&T Wireless, Cingular Wireless, Nextel, Sprint PCS and Verizon Wireless to meet interim benchmarks for Phase 2 location capabilities of E911. On TDMA portions of AT&T and Cingular E911 implementation, FCC said it was handing compliance issues over to its Enforcement Bureau for consideration. Rep. Eshoo (D-Cal.), who has been one of leading Capital Hill critics on pace of E911 rollout, responded favorably to FCC decision. She said it became clear that Oct. 1 start date for implementing Phase 2 capabilities wouldn’t be met. “Even though today’s orders by the FCC represent a reshuffling of implementation deadlines, they put the wireless industry on notice that if any backsliding occurs on future deadlines, penalties will be imposed.” FCC’s revised implementation deadlines will receive close congressional scrutiny, she said.

FCC -- with warnings and caveats -- unveiled long-awaited conditional approvals of Enhanced 911 waiver requests for 5 national wireless carriers while initiating limited enforcement investigations against Cingular Wireless and AT&T Wireless. Commission approved, with certain changes, E911 Phase 2 compliance plans of Nextel, Sprint PCS, Verizon Wireless and GSM network portions of AT&T and Cingular plans. With nearly 70 waiver requests piled up in advance of Oct. 1 implementation deadline, Commission acted only on requests for relief from 5 national providers, giving small and medium-sized firms until Nov. 30 to file petitions if they hadn’t done so already. As for AT&T and Cingular, FCC said they submitted compliance plans for existing TDMA portions of their networks too late for agency to act. “Discussions have been initiated between these carriers and FCC Enforcement Bureau staff concerning possible consent decrees with the Commission to resolve this compliance issue,” Commission said. FCC said it was conducting inquiry into E911 technical issues and was creating quarterly reporting requirements. In signal of intense scrutiny that waiver requests have received, including from public safety community, each commissioner issued separate statement expressing disappointment at slow pace that E911 deployment in general has taken. FCC actions were unanimous, except for partial dissent by Comr. Copps on handset timelines imposed on Verizon and Nextel.

Office of FCC Comr. Abernathy will begin returning ex parte letters that aren’t detailed enough to meet Commission requirements, she told reporters at breakfast Thurs. Lobbyists and others who don’t offer level of detail required by FCC guidelines will be asked to resubmit their letters. “We have rules in place that say when you come in and file an ex parte it should delineate exactly what you're saying and what issues you are going into,” Abernathy said in wide-ranging Q&A session: “That has not been followed in many instances.” In a recent speech to FCBA, Abernathy also had cited what she saw as need for more detailed ex parte filings. “If you look through the ex partes that are filed with this office, you should have a clear understanding of the issues in discussion and who’s been in and then you can decide which ones you do respond to,” she said Thurs. She said she had discussed the process her office was implementing along with other commissioners, whom she described as very supportive. “All it really takes is one or two offices ensuring that the information is there,” she said.

Telecom networks could better withstand physical and cyberattacks if Congress and Administration instituted more stringent standards and encouraged more information sharing among networks, Qwest CEO Joseph Nacchio told Senate Governmental Affairs Committee at hearing Thurs. Nacchio, who also is vice chmn. of National Security Telecom Advisory Committee (NSTAC)composed of executives of telecom and information technology industries, recommended that NSTAC and National Security Council develop benchmarks and requirements for information security best practices in telecom industry. NSTAC provides advice to President on security and emergency preparedness.

If FCC were to alter spectrum cap for wireless carriers, Comr. Copps told reporters at Wed. breakfast, public interest should be demonstrated and “use of their current spectrum would be a consideration.” Commission this fall is to address issue of spectrum cap for wireless carriers, which now is 45 MHz in most markets and 55 MHz in rural areas. CTIA repeatedly has urged agency to relax cap, most recently arguing that such action could serve as “interim” solution for spectrum-constrained carriers until larger 3G decision are made (CD Sept 26 p9). Copps didn’t rule out changes in those limits, but said “those who are advocating for change would have to demonstrate to me that there’s a benefit to the public interest, there is a necessity to change it.” He said: “It’s a fairly fundamental change if you're talking about lifting the cap in terms of economic power” and other considerations. Public interest implications of spectrum cap changes include availability of technology and cost effects of products available to consumers, Copps said: “I think there are competition issues, there are public safety issues.”