FCC Comr. Copps said Wed. that while current economy didn’t appear to be ideal time to hold 700 MHz auction, Congress was “pretty specific that there needs to be an auction.” He said at press breakfast that he was researching legislative record to see whether there were countervailing statutory mandates that FCC needed to take into consideration on timing issue. Commission now faces statutory deadline of Sept. 30 to deposit proceeds of Ch. 52-59 auction in U.S. Treasury. It’s considering CTIA request for review of Wireless Bureau decision last month to keep June 19 date for both Ch. 60-69 and Ch. 52-59. If auction were held on time, “I'm not terribly optimistic that huge sums of money would be raised,” Copps said. He also said he wasn’t “thrilled” about Ch. 52-59 and Ch. 60-69 spectrum “being thrown together in the same auction.” But he said his examination of statutory issues on auction didn’t mean he was backing delay. “I'm supposed to be implementing laws passed by Congress,” he said, and he’s in mode of looking at merits of various statutory requirements. While Copps said he had personal opinion about timing of auctions, he said “I'm not here to implement my personal opinion.” Meanwhile, National Emergency Number Assn. (NENA) weighed in on timing of 700 MHz auction, saying availability of 24 MHz in that band for public safety was “a reason worth some delay.” FCC already has allocated 24 MHz at 700 MHz for public safety, although availability of that spectrum also is subject to efforts to clear band of analog broadcasters as part of DTV transition. “We would not wish to put the already allocated 24 MHz at risk, but so far as we can tell, it is already at risk of tardy availability, given the slow pace of DTV implementation,” NENA told FCC in filing Wed. It said Commission’s Public Safety Wireless Advisory Committee projected in 1996 that almost 100 MHz would be needed by 2010, although only 24 MHz had been allocated in former UHF TV spectrum. “With the Administration, the Congress and the FCC all recognizing that there are reasonable arguments for delay, it is unseemly and unnecessary for this issue to remain unresolved beyond the May 8 deadline for submission of notice of intent to bid at auction,” NENA said. It also urged FCC not to allow issue to remain in “limbo” even closer to June 19 auction date.

Cal. Integrated Waste Management Board (CIWMB) is conducting survey of costs of local govts.’ CE recycling programs. Purpose is to help them increase recycling levels and save money by supporting CIWMB’s efforts in seeking support of other stakeholders, including industry, for electronics recycling, it said. Data will be compared with programs in state and nation, it said. CIWMB also announced survey to identify concerns of waste management operators, recycling coordinators and local enforcement agencies relating to management of CRTs. Dept. of Toxic Substances Control had adopted emergency regulations that banned CRT disposal in landfills, it said, and would re-adopt emergency measures until permanent regulations were in place. Deadline for comment is May 24 (www.ciwmb.ca.gov).

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.

With deadline 2 months away for FCC action on Verizon Wireless petition for relief on local number portability (LNP), 8th floor has yet to reach final agreement on right time period for delay, according to many sources. Verizon petitioned July 26 for forbearance on requirement that commercial mobile radio service providers support wireless LNP in top 100 metropolitan statistical areas by Nov. 24. FCC must act on forbearance petition within one year of filing date or forbearance is granted automatically unless Commission votes 90-day extension for decision to be made. Agency now appears to be spread between Chmn. Powell and Comr. Abernathy backing delay of 1-2 years and Comrs. Copps who is said to support 3-month delay, if any, and Martin, who favors 6 months, several industry sources said. At least one source said vote on forbearance item, which is on circulation on 8th floor, still could come fairly quickly.

MONTEREY, Cal. -- EchoStar and DirecTV are ruining their credibility with FCC, creating much deeper and longer term problem than likely failure of EchoStar’s takeover bid, industry lawyers warned at Satellite Entertainment conference here late Wed. FCC commissioners and staff “believe they are being treated with disrespect by the 2 companies,” panelist Scott Harris, former FCC International Bureau chief, said: “I don’t think that’s a good way to deal with a regulator, whether or not you've got a merger.”

Network emergency response and cybersecurity bills could be referred to full Senate as early as May 16, Senate Commerce Science, Technology & Space Subcommittee Chmn. Wyden (D-Ore.) said Wed. He said at hearing on his “Netguard” bill (S-2037), which is co-sponsored by ranking Republican Allen (Va.), legislation would “provide an organizational structure to quickly locate and mobilize science and technology expertise in times of crisis.” House Science Committee Chmn. Boehlert (R-N.Y.) testified he was “working on introducing” companion bill, measure he said was critical to addressing gaps in cybersecurity preparedness and “ensuring that we have the ability to respond should an attack actually succeed.” Subcommittee heard testimony on Wyden’s cybersecurity R&D bill (S-3394), companion to Boehlert legislation House passed 400-12 earlier this year. Wyden and Boehlert bills would establish academic grant programs through National Institute of Standards & Technology (NIST) and National Science Foundation (NSF). George Strawn, NSF Asst. Acting Dir.- Computer Information Science & Engineering, said Bush Administration was reviewing S-3394 and expected to submit written comments before May 16 markup. Although Administration “has no position on the bill,” Strawn said “cybersecurity work force” must be bolstered by getting sufficient numbers of academic specialists to train new entrants in that growing field. George Washington U. Prof. Lance Hoffman expressed support for bill, particularly since it emphasized “privacy and risk analysis as important areas of study.” He said bill could be improved by: (1) Allowing grants to be used to fund cybersecurity certificate programs, in addition to funds proposed for undergraduate and graduate programs under bill. That would increase involvement of working professionals who could take classes at night. (2) Giving more discretion to NIST and NSF “in funding extraordinary projects with high risk and high potential.” Setting aside funds for such projects “may lead to new innovative solutions and other advances in information security,” he said.

Work on U.S. draft proposal for World Radio Conference (WRC) 2003 that would create international identification of public safety spectrum has been slowed by continued opposition of U.S. military over one band, sources said. Sustained DoD opposition to use of 380-400 MHz, historically used by NATO for global operations, contributed to Motorola’s recent withdrawal from one of lead roles in drafting U.S. proposal in that area. Still under consideration are 700 MHz and 4.9 GHz, both allocated in U.S. for public safety, but NATO band already designated in Europe for public safety interoperability appears to be off table in U.S., several sources said. Steve Sharkey, dir.-spectrum & standard strategies for Motorola, said 700 MHz and 4.9 GHz are “great bands” for U.S. to back for international harmonization for public safety. But as to key objective in crafting U.S. position on spectrum harmonization in this area, he said: “We have been frustrated in not being able to achieve that and that is one of the reasons that we have decided to use our resources elsewhere.”

Echoing legal concerns raised by FCC Chmn. Powell over 700 MHz auction earlier in week, FCC Comr. Abernathy said Fri. that “absent a statutory change, I believe it is responsible for the FCC to move forward with the auction of this band before the end of the year.” Speaking to reporters after speech at World Computer & Internet Law Congress in Washington, Abernathy didn’t rule out “very brief” temporary delay to give Congress time to weigh in on statutory deadline of Sept. 30, 2002, for lower portion of the band. “It’s a very difficult situation,” she said. “The question for us is how do you explain not following a statutory mandate.”

U.S. Patent & Trademark Office Dir. James Rogan delivers keynote and Rep. Goodlatte (R-Va.) is luncheon speaker at conference today (April 18) on “Digital Online Content: Creating a Market That Works.” Two panel discussions are scheduled: (1) “The Emerging Market for Online Music.” (2) “The Digital Challenge to Intellectual Property Rights.” Speakers include experts from industry, academia and policy arena. Conference is sponsored by Progress & Freedom Foundation and George Mason U.’s National Center for Law & Technology -- bemmerick@pff.org.