FCC could hasten telecom facility deployment on tribal lands by heightening awareness of its Tribal Bidding Credits program, Space Data CEO Gerald Knoblach said. Program reduces costs for winners of wireless auction bids as long as those companies receive commitments from federally recognized tribes to allow deployment of wireless facilities on tribal lands. “Carriers’ carrier” Space Data, which is deploying national network of “balloon-borne wireless repeaters,” has had “generally” positive experience in acquiring such bidding credits, Knoblach said in written comments submitted for joint hearing by Senate Commerce and Indian Affairs committees: “The tribes we have contacted were not fully aware of the bidding credit process… In some cases we have been perceived somewhat skeptically as trying to get something for nothing… Space Data recommends that the FCC place increased emphasis on publicizing the bidding credit process and encouraging the tribes to support such efforts since they have the potential of improving communications to tribal lands on a nonexclusive basis.” FCC Consumer & Govt. Affairs Bureau Chief Dane Snowden said at May 14 hearing that Commission was launching outreach program next month to educate tribes on availability of telecom support programs (CD May 15 p1).

Senate Indian Affairs Committee Chmn. Inouye (D-Hawaii) ordered FCC to file report with panel on Commission’s role in protecting tribal lands from alleged illegal encroachment by wireless tower companies. Joint hearing with Senate Commerce Committee Tues. began with testimony from FCC Consumer & Govt. Affairs Bureau Chief Dane Snowden, who outlined existing and anticipated FCC initiatives to increase Indian Country access to telecom services. Although most members and panelists focused on issue of low penetration rates and measures being taken to address underserved areas, tone of hearing took abrupt turn. William Day, chmn. of United South & Eastern Indian Tribes’ Culture & Heritage Committee, said he questioned legality of FCC’s allowing cell tower companies to satisfy agency’s tribal governmental consultation obligations. This obligation involves determining the impact of telecom infrastructure on tribal lands, including sacred sites. Day lauded Congress for balancing efforts to spur electronic communications deployment on tribal lands and respect for tribal sovereignty: “Unfortunately, your work has been thwarted -- grossly thwarted -- by the Federal Communications Commission and its allies.”

U.S. Supreme Court gave FCC and competitive LECs clean- sweep victory Mon. as it upheld agency’s TELRIC pricing model and its rule requiring Bell companies to bundle uncombined elements when requested by CLECs. TELRIC (Total Element Long-Run Incremental Cost) model guides state regulators in setting prices that ILECs charge when they lease parts of their networks to competitors. Ruling reversed one by 8th U.S. Appeals Court, St. Louis, that had overturned those 2 FCC rules.

Issue of potential impact that communications towers have on migratory birds has emerged with increasing frequency in federal antenna siting decisions fought by environmental groups, according to industry sources and environmental groups. Ruling earlier this month by U.S. Dist. Court, D.C., may pave way for groups battling tower siting to sue under Migratory Bird Treaty Act, several industry sources said. Despite Commission ruling earlier this year that Friends of the Earth and Forest Conservation Council lacked standing to file petitions objecting to dozens of proposed antenna structures, groups since Jan. have filed new objections that highlight harmful impact to migratory birds. Meanwhile, several months after govt.-industry group set accelerated timeline for working out way to streamline siting decisions for communications towers, document is now before FCC after Advisory Council on Historic Preservation (ACHP)-led process didn’t produce agreement.

Dobson Communications said it received refund of $91.2 million of nearly $109 million that carrier paid to participate in NextWave re-auction last year. Dobson subsidiary DCC PCS was high bidder on 14 licenses in that PCS auction. Commission on March 27 returned 85% of NextWave re- auction deposits to carriers that bid. Verizon Wireless said earlier this week it had received $1.5 billion of deposits for 216 licenses. It has challenged FCC in U.S. Appeals Court, D.C., and U.S. Court of Federal Claims to obtain rest of deposit and for ruling that auction contract for licenses under dispute is void (CD April 9 p1). Dobson said that as result of partial refund, it had unrestricted cash of $230 million. Carrier plans to announce first quarter results May 8.

IDT Winstar and Bell companies exchanged fire at FCC this week over terms of interconnection agreements to which RBOCs must be held for fixed wireless provider that has emerged from Chapter 11 protection. Last month, IDT completed acquisition of remaining stake in Winstar, giving it 100% ownership of company that filed for bankruptcy year ago. IDT Winstar filed emergency petition April 17 for declaratory ruling at FCC, citing “immediate threats” from Verizon and Qwest to deny or delay providing facilities. Winstar argued that Communications Act and FCC rules required those facilities and services to be furnished to company. But RBOCs countered that federal bankruptcy law required IDT Winstar to assume and cure past debt on contracts taken on by pre-Chapter 11 Winstar. Qwest told FCC this week: “IDT’s actions have been carefully orchestrated to migrate Old Winstar customers onto its purchased network under terms that disregard the bankruptcy laws, as well as Qwest’s tariff provisions and operational processes.” Meanwhile, General Services Administration (GSA) weighed in at Commission, contending uninterrupted service to federal customers provided by Winstar was “critical” and in some cases had national security implications.

Coalition of 38 national and state groups, including Consumers Union, Cal. Public Interest Research Group, Center for Digital Democracy (CDD), Mass. Consumer Coalition, Empire State Consumer Assn., Tex. Watch and Va. Citizens Consumer Assn., came out against proposed merger of AT&T Broadband and Comcast. Comments on $72 billion deal were due on at FCC Mon., replies May 14. Merger would combine first and 3rd largest cable companies in U.S. “A combined AT&T Comcast, the nation’s largest cable company, would have the power to continue raising prices, limit choice in programming, dictate technology standards and network architecture, and ignore customer service issues,” said Mark Cooper, dir. of research for Consumer Federation of America. Organizations argued that cable industry and FCC in past had believed erroneously that alternative technologies such as satellite and DSL would discipline cable’s market power. Groups said cable “still dominates” video and high-speed Internet service and has charged low price for digital video and high prices for cable modem, although each service costs “substantially the same.” They said efficiencies claimed by Comcast Pres. Brian Roberts in recent Senate hearing (CD April 24 p3) were “not likely to be passed on to consumers because of a lack of competition,” that open set-top box standard wouldn’t be advanced by merger and that open communications networks would suffer setback as result of deal. Merger would increase level of concentration in regional and national markets by 5 times DoJ threshold, they said.

NAB Fri. joined other appeals already filed in U.S. Appeals Court, D.C., seeking to overturn provisions of Bipartisan Campaign Reform Act of 2002, charging new law would “in good part criminalize core political speech.” Earlier appeal was filed by 27 plaintiffs -- led by bill’s principal opponent on Senate floor, Sen. McConnell (R-Ky.) -- who charged it “would radically alter, in a fundamental and unconstitutional fashion, the ways citizens, labor unions, trade associations [etc.] are permitted to participate in our nation’s democratic process.” Law goes into effect Nov. 6, following next fall’s elections.

Software Defined Radio (SDR) rulemaking at FCC is “step forward” in regulatory effort needed to “jump-start” nascent technology, Vanu Bose told Technology Advisory Council (TAC) at FCC Fri. Bose is pres. of Vanu Inc., start-up company developing SDR commercial applications. SDR involves radios that provide software control of modulation techniques, wideband or narrowband operation, communications security functions (such as hopping), waveform requirements. For example, SDR user devices and network equipment can be programmed dynamically in software to reconfigure characteristics for better performance, richer feature sets or advanced services. SDR technology is applicable across wireless industry in both military and commercial sectors, Bose said. With its ability to adapt spectrum dynamically, “I'd like to see spectrum become a commodity that is traded” rather than auctioned as property, he said: “Spectrum licensing needs to be less static.” FCC should consider making it possible to “sublicense” spectrum. “In this way spectrum is used as a function of demand, not regulation.” Bose envisioned commodity spectrum market with authorized traders to whom wireless providers would make real-time bids on small geographic blocks “to acquire spectrum for region and time required, for next 3 years or next 2 weeks,” he said. Edward Thomas, chief of FCC Office of Engineering & Technology (OET), said Commission should give technology closer look: “The time is ideal to start a public dialog on the implementation of software radio as it bears on spectrum management, and what is needed to get the technology rolling.” Bose defined 3 classes of SDR: (1) Modal SDR, where equipment has more than radio mode built in. An example is handset that can receive both CDMA and AMPS wireless calls. (2) Reconfigurable SDR equipment, where all signal processing is reconfigurable in software. Military has developed technology in Speakeasy II project in which equipment is reprogrammable to accommodate 10 military radio systems. Reconfigurable SDR equipment usually is reprogrammed by manufacturer, rather than user, Bose said. (3) Software radio uses only software for signal processing and can be changed dynamically by user or service provider. “Software radio takes advantage of Moore’s Law,” he said, referring to rapid development of computer processors. SDR already is practical for fixed wireless infrastructure, he said. Bose said his company had developed systems that used “commodity off-shelf processors” to lower costs. Today’s general purpose computer technology allows “signal processing of 50 analog [wireless] channels on a single processor,” he said. Discussion moved to cellular handsets, application that he said was 3-5 years away. Problems are higher costs compared with single-purpose ASIC processor used in conventional handsets and higher energy consumption and heat from powerful processor. Admitting SDR never can be as efficient as single purpose ASIC, Bose said its advantage became apparent when more than one radio mode was needed in handset. Today SDR can be more cost effective if handset is designed to handle 3 radio modes: “I expect the crossover point to be 2 modes.” Power consumption and poor battery life will be solved “in future” only with more efficient processors and improved battery technology, he said. Formed by OET under Federal Advisory Committee Act to advise Commission on technical issues, TAC periodically gathers diverse group of academics, scientists and chief technology officers of technology firms representing telecom, data networking, software, consumer electronics and amateur radio interests. Next scheduled meeting is June 12.

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.