FCC Wireless Bureau said late Tues. it would seek comments on VoiceStream’s petition for waiver on its proposal to provide priority access service (PAS) to National Communications System. Commission recently sought comment on similar waiver request by Verizon Wireless. Comment on VoiceStream waiver is sought by Dec. 18, with Dec. 26 as reply date. PAS allows national security and emergency preparedness personnel in emergencies to gain access to next available wireless channel without preempting calls already in progress. In Oct. 2000, FCC issued rules that didn’t make it mandatory that carriers provide PAS but set out uniform operating protocols for carriers who provided it voluntarily.

Pivotal role that cellphones played in aftermath of Sept. 11 attacks may slow down state legislative proposals next year that would restrict wireless phone use while driving, several participants told Washington conference Wed. “Next year we will have some legislation -- the question is how much,” said Matt Sundeen, senior policy specialist for National Conference of State Legislatures (NCSL).

Major cable companies see silver lining to shutdown of @Home, both for subscribers and for themselves, executives told UBS Warburg conference in N.Y. this week. Comcast Pres. Steve Burke said $160 million price tag to stick with Excite@Home (CD Dec 5 p6) during 3-month transition to Comcast Internet service should begin paying off for MSO sometime in 2nd quarter of 2002. AT&T Broadband COO Ron Cooper said he regretted “inconvenience and disruption to our customers” caused by shut-down, but said migration of customers to AT&T’s own high-speed service would bring benefits to them and company in long term.

Pivotal role that cellphones played in aftermath of Sept. 11 attacks may slow down state legislative proposals next year that would restrict wireless phone use while driving, some participants told Washington conference Wed. “Next year, we will have some legislation -- the question is how much,” said Matt Sundeen, senior policy specialist for National Conference of State Legislatures (NCSL). NCSL forum on driver focus and technology has met this week as part of winter NCSL meeting in Washington. Several months ago, state legislation taking aim at cellphone use in cars looked like it had more momentum as part of broader backlash by some frustrated with cellphone use in public places such as restaurants or movie theaters, Sundeen said: “When cellphones played such a key role in what happened Sept. 11, a lot of that backlash has vanished.” Still, more bills restricting cellphone use on roads are passing at local level. “It puts some pressure on legislatures to do something at the state level,” he said. Among changes that appear to be emerging in bills are that more center on driver distractions in general, not just mobile phone use, and on improved data collection, Sundeen and others said.

United Telecom Council (UTC) said it “adamantly” opposed recent Nextel proposal to FCC that it said would constitute swap of some of that carrier’s wireless spectrum and that of public safety users. In proposal to FCC late last month, Nextel proposed realigning frequencies at 700, 800 and 900 MHz and 2.1 GHZ to reduce interference that had emerged as problem at 800 MHz between specialized mobile radio (SMR) and public safety licensees. Proposal would double public safety’s allocation of 9.5 MHz of noncontiguous spectrum at 800 MHz (CD Nov 23 p1). However, UTC balked at proposed reallocation of 800 MHz private land mobile radio (PLMR) band. If adopted, that “would devastate hundreds of vital critical infrastructure communications systems now operating in this spectrum,” UTC said. UTC Vp-Gen. Counsel Jill Lyon said: “Nextel’s proposal, while politically attractive on the surface, would cause significantly more harm than it would solve.” Nextel’s White Paper calls for “forced migration of thousands of private wireless systems to inadequate and often unavailable spectrum,” she said. That would put at risk ability of utilities, water systems and energy companies to provide “critical services,” Lyon said. Nextel arguments that its plan would reduce interference issues for public safety community would come at expense of critical infrastructure operations, UTC said. Critical infrastructure is “area of national concern no less, if not more, important than public safety emergency communications,” group said. Business and Industrial/Land Transportation (BI/LT) licensees, in addition to public safety users, would be compelled to move from their existing 800 MHz assignments, UTC said. BI/LT licensees could operate only on secondary, noninterference basis in their existing slots at 806/816-851- 861 MHz, it said: “Nextel proposes that these licensees pay for their own forced migration to Nextel’s licenses on other frequency bands.” UTC said it planned to ask FCC to not begin rulemaking based on Nextel proposal, to which public safety community had given early support.

Draft bill for 2002 Del. legislature would ban use of handheld mobile phones while driving (see separate story). State Sen. Joseph Miro (R-Pike Creek Valley), bill sponsor, cited “a tremendous increase in cellphone-related accidents” as reason for trying again to get cellphone use restriction bill passed; similar legislation in House this year failed. Under draft bill, not yet assigned number, police would issue warnings for first 30 days after effective date. After that, first offenders would face fines up to $100 unless they could prove they were placing call to 911 or other emergency number. Miro said he hoped his bill would encourage use of hands-free mobile phones, whose use by drivers would be legal, and thereby lead to safer travel and fewer accidents. Other legislators, however, say case against handheld cellphones is by no means airtight and they are but one of many driver distractions that need to be addressed. Verizon Wireless said it preferred consumer education over legislation and said any bill should contain phase-in period to allow consumers chance to obtain hands-free phone models. This year saw more than 130 cellphone bills introduced in 43 states, National Conference of State Legislatures said, but the only one that made it into law was in N.Y.

New round of state bills is expected in coming year to target restrictions on cellphone use while driving, state lawmakers and wireless industry officials told National Conference of State Legislatures (NCSL) forum Tues. But precise impact of N.Y. law that went into effect this month that mandates hands-free cellphone use in vehicles wasn’t clear. N.Y. Assemblyman Felix Ortiz (D), who sponsored the bill, said he had spoken to lawmakers or groups in 42 states who were interested in similar restrictions. Ortiz told us after forum he expected such legislation to pass in upcoming sessions in Cal., Conn., R.I. So far, N.Y. is only state to impose hands-free requirement on drivers making wireless calls, although nearly 245 bills on issue have been proposed since 1999, said Cary Hinton, Sprint regional dir.-state & local govt. affairs. “States are still considering legislation,” said Verizon Wireless Dir.-Public Policy for Northeast Thomas Curran, adding that some lawmakers already had drafted bills for next session. Point of 2-day forum that started Tues. in Washington is to evaluate driver distraction issues, including new technologies such as onboard navigation, but also wireless phone use. State and federal govt. and industry participants largely agreed on issues such as need for better research, more detailed accident reports and driver education. Areas where consensus lagged included how young drivers should be addressed and need for hands-free requirements.

Senate Commerce Committee’s Science, Technology & Space Subcommittee will hold hearing Dec. 5 on telecom and high- tech industry preparedness to respond to disasters. Sen. Wyden (D-Ore.) will chair hearing, which will explore creation of his proposed National Emergency Technology Guard. Hearing is 9 a.m., Rm. 253, Russell Bldg.

Platforms Wireless International has targeted 2002 for rollout of project that uses tethered, helium-filled airships as flexible, floating platforms for wireless phone and Internet services in emerging nations. COO Robert Perry told us company successfully demonstrated technology in Southern Cal. last spring and was negotiating with telecom companies in Indonesia and Africa, as well as Central and S. America. He anticipates having $25 million ARC (Airborne Relay Communications) system up and running in at least one country by March or April.

Pending FCC inquiry into technical and operational issues involving deployment of Enhanced 911 has taken on “new urgency,” public safety groups told agency’s Wireless Bureau Chief Thomas Sugrue Nov. 29. Assn. of Public-Safety Communications Officials International, National Assn. of State Nine-One-One Administrators and National Emergency Number Assn. cited recent decision by FCC to name former Office of Engineering & Technology Chief Dale Hatfield to head inquiry. “The promised review has taken on a new urgency with the recent disclosures from several wireless carriers that they are unable to meet the performance benchmarks of their newly granted waivers of the Phase 2 requirements in the wireless E911 rules,” groups wrote. FCC recently opened comment period for petitions filed by Cingular, Nextel and Verizon Wireless seeking reconsideration of certain parts of orders on their E911 Phase 2 waiver requests. Petitions contend that Commission improperly adopted strict liability standard for future compliance.