Anxiety is rising among advocates of opening broadcast white spaces to use by personal, portable devices that FCC action could take much longer than expected, pushing rollout of devices into 2010 or later. FCC Chairman Kevin Martin will be in Las Vegas this week at the Consumer Electronics Show, where he has meetings set up with the high-tech sector and questions about the technology are expected.
Howard Buskirk
Howard Buskirk, Executive Senior Editor, joined Warren Communications News in 2004, after covering Capitol Hill for Telecommunications Reports. He has covered Washington since 1993 and was formerly executive editor at Energy Business Watch, editor at Gas Daily and managing editor at Natural Gas Week. Previous to that, he was a staff reporter for the Atlanta Journal-Constitution and the Greenville News. Follow Buskirk on Twitter: @hbuskirk
Sprint Nextel and T-Mobile Thursday jointly backed a proposal that TV white spaces spectrum be auctioned or otherwise licensed for fixed use, addressing their growing backhaul needs. The support of the two, the largest non-Bell affiliated wireless carriers in the U.S., adds a wrinkle to the debate as the FCC moves forward with a new round of testing of mobile devices designed to use the spectrum to access the Internet. The filing puts the two in direct opposition to Microsoft, Dell and other major high-tech players on the issue.
FCC Chairman Kevin Martin is circulating an order that would provide a template designed to help speed Public Safety Bureau consideration of 800 MHz waiver requests filed by public safety licensees. The order anticipates what is expected to be a flood of filings before the June 28 rebanding deadline. “We hope this action will ease some of the burden on licensees who will not be able to finish rebanding by the June deadline,” said Robert Gurss, director of legal & government affairs at the Association of Public- Safety Communications Officials (APCO). Gurss withheld other comment until he studies the templates.
FCC action on early termination fees (ETFs) is expected early in 2008, with the commission expected to refocus at least in part on telecommunications issues following a major fight over media consolidation. The Universal Service Fund, 700 MHz auction, future use of the broadcast white spaces, and 800 MHz rebanding also are expected to get agency attention.
Rural carriers are showing strong interest in 700 MHz spectrum, though how many will buy and at what level remains to be seen. The FCC is offering small 10 MHz cellular market area (CMA) licenses nationwide to encourage small carriers to buy. Sources agree that many such carriers are still deciding how to weave 700 MHz spectrum into their networks. Spectrum license costs historically pale in comparison to outlays for networks.
XM and Sirius accused U.S. Electronics of trying to exploit their proposed merger to force them to do business with the company, a former equipment maker for Sirius. XM and Sirius said USE offers only “informal objections” to their merger, which should be ignored. An attorney for USE replied that equipment makers have legitimate concerns about how the merger would change the market.
The FCC should keep pressing manufacturers and carriers to deliver a full range of handsets for use by people with hearing problems, the Hearing Industries Association said in a filing at the agency. Meanwhile, small and mid-size carriers said they shouldn’t be held to the standards for hearing-aid compatible handsets applied to major carriers. The filings came in response a November request for comments by the FCC on proposed changes in its hearing-aid compatibility rules.
Solicitor General Paul Clement recommended against Supreme Court review of a key appeals court decision that dealt wireless carriers a major defeat in their fight for uniform federal regulation. Clement said the 11th Circuit’s August 2006 decision (CD Aug 2/06 p1) in a truth in billing case was in error but the high court doesn’t need to step in. The court usually gives considerably weight to solicitor generals’ opinions when deciding whether to hear a case.
Justice Department and FCC decisions on the proposed XM- Sirius merger probably won’t come until early 2008, sources said last week. A resolution was expected this year. Sources said DoJ antitrust officials, whose 2007 has been dense with merger work, are putting finishing touches on a recommended decision to go to antitrust chief Thomas Barnett.
FCC Commissioner Robert McDowell said relations remain “cordial” at the FCC even if this has been a contentious year at the agency. Speaking to reporters Thursday, McDowell said building blocks remain in place for a “healthy independent administrative agency” and he sees no need for “major reconstructive surgery” to reform the agency. McDowell also said FCC action is imminent on two DTV rulemakings.