FCC appeared to be weighing at least brief delay for one upcoming 700 MHz auction, although details still were in flux at our deadline and final decision on whether there would be postponement still wasn’t clear. Staffs of Sen. Stevens (R- Alaska), House Commerce Committee Chmn. Tauzin and Senate Commerce Committee Chmn. Hollings (D-S.C.) met late Wed. on potential compromise scenarios, although no progress appeared to have been made, sources said. Several industry observers also said that because FCC decision was coming so close to May 28 deadline for upfront payments in auctions, it could approve short delay in payment deadline. Among possibilities Commission appeared to be mulling Thurs. was holding lower band auction on time for 700 MHz and allowing short delay, possibly of 6 months, for upper band. One source said that several companies as of late Thurs. already had made wire transfer payments to FCC to participate in lower band auction.
Regulators should allow wireless networks to evolve on Internet model of interconnected end-user devices without central network, rather than along model of Bell-based landline phone network, N.Y.U. Prof. Yochai Benkler told conference sponsored by New America Foundation and Public Knowledge (CD May 13 p2) recently. He said spectrum allocation threatened to make wireless communications -- including high-speed data services envisioned by 3G -- tied down to antiquated technologies and gatekeepers. “Wired networks will never be free,” Benkler said: “Wireless could be.” FCC last week liberalized Part 15 rules to allow greater flexibility in use of unlicensed spectrum for such services as 802.11 or Wi-Fi, which is used to extend broadband networks (CD May 17 p4). But Benkler called for more dramatic approach, “open spectrum commons,” where airwaves would be free and end-user devices would determine what was received.
MSTV supports delaying 700-MHz spectrum auctions, saying increased pressure for stations to vacate Ch. 52-69 would hurt public interest by increasing interference on lower channels. “Because we are in the middle of the DTV transition, the core television band is overcrowded with stations operating both analog and digital facilities,” said MSTV Pres. David Donovan in letter to FCC commissioners. He said eventual efficient use of remaining TV channels will require “repacking” stations, and June 19 auctions would make it “extremely difficult to devise a comprehensive, efficient spectrum plan.” He said MSTV, which helped develop DTV channel assignment plan, is working on detailed plan for core spectrum: “The difficulties of this task are enormous.”
Advanced Communications plans long-shot bid to get FCC to reopen case that denied fledgling DBS company extension of time to launch satellite system, CEO Dan Garner told us: “There is a lot of law and no justice.” Advanced filed petition last month to reopen case based on “previously unavailable” evidence. It said it never had opportunity to pursue remedies for order through discovery or depositions or otherwise present evidence on issues advanced in petition. It also asked FCC to stay proceedings on EchoStar takeover of Hughes Electronics and DirecTV until issue was settled because EchoStar and DirecTV ended up with spectrum from auction. Satellite attorney told us lawsuit was “desperate Hail Mary,” saying chances for success “were slim and none and slim had just left town.”
House Telecom Subcommittee ranking Democrat Markey (Mass.) is circulating draft bill that would create trust fund for digital technology grants out of future wireless auction proceeds. Draft bill also would allocate spectrum for advanced wireless services while keeping intact Bush Administration proposal for separate trust fund for govt. relocation proceeds for incumbent users that may be relocated from spectrum. Markey’s proposal, which panel of industry and academic experts at New America conference said Fri. has bipartisan backing, would reserve first $5 billion derived from applicable spectrum auctions to reimburse Dept. of Defense and other govt. agencies for vacating various spectrum bands. Rest of auction proceeds would be deposited into separate trust fund to provide grants for educational broadband technology and deployment projects, making those funds available to entities currently eligible for universal service funding. Up to $300 million from such grants would be made available annually to public TV stations to upgrade analog stations to digital. Markey is expected to introduce bill this week and Sen. Dodd (D-Conn.) is said to be drafting somewhat broader companion bill that also has bipartisan backing.
House Commerce Committee Chmn. Tauzin (R-La.), ranking Democrat Dingell (D-Mich.) and 50 co-sponsors unveiled bill Wed. that would direct FCC to delay upcoming 700 MHz auctions indefinitely, tying future timing to resolution of other thorny spectrum issues. Legislation would delay June 19 auction of upper and lower bands at 700 MHz, requiring FCC within one year to report to Congress on proposed rescheduling. Proposal outlines panoply of other spectrum proceedings that await resolution and would instruct FCC to not hold 700 MHz auction until there was plan to resolve 800 MHz interference issues for public safety. Backed by bipartisan bill, CTIA late Wed. filed application at FCC seeking full Commission review of Wireless Bureau decision earlier this month that kept June 19 date intact. Prospects for companion bill in Senate appeared to be somewhat less clear, although Sen. Brownback (R-Kan.) told reporters Wed. he might support similar bill if administrative actions failed.
FCC Wireless Bureau Wed. turned down CTIA request for delay of 700 MHz auction that’s scheduled for June 19. In denying petition, Wireless Bureau Chief Thomas Sugrue cited steps that agency already had taken to alleviate uncertainties involving that spectrum through policies such as voluntary clearing alternatives. “The current statutory scheme, which directs the Commission to conduct these auctions a number of years in advance of the end of the digital television transition period, ensures that uncertainties about the availability of certain portions of these bands may continue for some time,” Sugrue said. FCC faces statutory deadline of Sept. 30, 2002, for depositing proceeds from Chs. 52-59 auction in U.S. Treasury, and earlier statutory deadline for Chs. 60-69 already has been missed in postponements. “Although Congress is aware of this situation, it has not acted to address it by, for example, moving the auction deadlines back or moving the DTV transition forward,” Sugrue said. Congress also hasn’t acted on Administration budget proposal that would delay auctions, he said.
Verizon Wireless is suing govt. to obtain remaining deposit from Jan. 2001 NextWave re-auction and is seeking ruling from U.S. Court of Federal Claims that auction “contract” for disputed licenses is void. Lawsuit came after FCC returned 85% of deposits from re-auction late last month but concluded winning bidders should continue for now to be held to nearly $16 billion in auction obligations (CD March 28 p1) until Supreme Court review plays out. Commission’s order described decision at that time as balancing act to preserve auction results pending Supreme Court review in NextWave case while returning most of deposits to bidders. In lawsuit filed Fri., Verizon Wireless also sought unspecified damages that it charged had been caused by “the FCC’s breach of the auction contract.” Litigation centers on $8.4 billion in auction prices for which Verizon Wireless successfully bid in Jan. 2001 re-auction and for which it technically still is liable. Verizon Wireless’s suit argued that it had suffered “substantial economic injury” as result of FCC’s contract “breach,” including effects on its credit rating and ability to borrow.
ORLANDO -- FCC Comr. Copps told Latin American Conference at CTIA Wireless 2002 here Wed. that U.S. and Latin America could benefit from “more consistent and more intensive dialog,” citing policy areas such as homeland security issues and cooperative efforts. On homeland security, he said making communications systems interoperable and providing for redundancy “is a challenge that faces all of us.” Conference, sponsored by Latin American Wireless Industry Assn. (Alacel) and Cibernet, focused on wireless challenges facing Latin American countries, including persistently low teledensity in some countries and sharp downturn in telecom investment. Telecom investment, which Copps called “crucial driver” of economic change, “is coming back sooner rather than later,” he said: “I think the path is beginning to turn a little bit. I think in the last couple of weeks or so there is a little more optimism.”
U.S. Supreme Court agreed Mon. to hear oral argument in FCC’s appeal of D.C. Circuit’s NextWave ruling, creating another layer of uncertainty for spectrum on which carriers and govt. had failed to reach settlement late last year. Some industry observers said high court’s grant of certiorari in NextWave case could heighten incentives to reopen settlement talks over licenses that fetched $15.8 billion in Jan. 2001 re-auction. But several analysts and industry sources pointed out that FCC had strong legal interest in having Supreme Court uphold what it viewed as integrity of auction process under Communications Act compared with limitations of U.S. Bankruptcy Code. Valuations of licenses also are widely seen as lower than they were even several months ago as carriers’ stocks have been battered on Wall St. Grant of certiorari marks victory for FCC, which sought review of June decision by U.S. Appeals Court, D.C. D.C. Circuit had reversed agency’s decision to cancel NextWave’s licenses for missed payment, throwing results of $17 billion re-auction of those licenses into disarray. With high court’s decision to review that ruling, “the mess just got messier,” said Legg Mason analyst David Kaut: “There’s a new round of legal uncertainty.”