The International Trade Commission said it decided to review the final initial decision of the presiding administrative law judge that found no violation of Section 337 of the Tariff Act of 1930 in investigation No. 337-TA-800, involving wireless devices with 3G capabilities and components thereof. The ITC began the investigation Aug. 31, 2011, based on a complaint filed by InterDigital Communications alleging violations of the act in the import and sale of wireless devices with 3G capabilities and components. The gear allegedly infringed U.S. Patent Nos. 7,349,540 (terminated from the investigation); 7,502,406; 7,536,013; 7,616,970; 7,706,332; 7,706,830; and 7,970,127. Named respondents included Huawei Technologies, Nokia and ZTE. Later-added respondents included LG Electronics. On June 28, the ALJ issued his final initial decision, finding no violation by respondents, saying the accused products don’t infringe most of the various patents. The ALJ, however, said the respondents failed to establish by clear and convincing evidence that the asserted claims of the ‘830, ‘406 or ‘332 patents were invalid in light of the cited prior art references. The ALJ also said they failed to prove they hold licenses under the asserted patents and failed to prevail on their equitable/fair, reasonable and non-discriminatory defenses. On July 15, InterDigital filed a petition for review of the initial decision, as did the commission investigative attorney and respondents. In connection with its review, the ITC is particularly interested in responses to the following question, it said in a notice to appear in Tuesday’s Federal Register: “Discuss, in light of the statutory language, legislative history, the Commission’s prior decisions, and relevant court decisions ... whether establishing a domestic industry based on licensing under 19 U.S.C. 1337 (a)(3)(C) requires proof of “articles protected by the patent.” Written submissions on the issue are due Sept. 27 and are limited to 15 pages, said the notice (http://bit.ly/1akA8TU). Replies are due by Oct. 4, and are limited to 10 pages.
Former FCC Commissioner Robert McDowell said he has never wavered in his belief he was right to vote “no” on a net neutrality order when it was before the commission in December 2010. With oral argument on the order scheduled for the U.S. Court of Appeals for the D.C. Circuit Monday, the American Enterprise Institute held a webinar late Thursday afternoon, following an earlier discussion hosted by the New America Foundation. AEI panelists offered views that differed sharply from those at the NAF event (CD Sept 6 p3).
Satellite companies and manufacturers urged the FCC to adopt a rule giving federal earth stations operating with commercial satellites full protection from interference. The Satellite Industry Association urged the commission to state in the allocation table that the primary federal allocation for fixed satellite services is limited to earth stations only and that the FCC “has exclusive regulatory jurisdiction over these co-primary allocations ... with NTIA responsible for assignments for federal earth stations that are authorized to operate in these bands,” the SIA said in its comments in docket 13-115 (http://bit.ly/1dHC7pp). There’s no need for change to the spectrum allocations used to support space launches, it said. The association’s launch service providers “are satisfied with access to spectrum for launch services pursuant to special temporary authority as the frequencies have been traditionally specified by the federal launch ranges,” SIA said. EchoStar also urged the FCC to require federal earth station operators “to follow the same rules that govern non-federal earth station licensees, including licensing, coordination, interference protection, technical and ex parte requirements,” it said (http://bit.ly/1dQqIV8). Boeing urged the FCC to increase interference protection for federal earth stations “as long as the chosen approach provides adequate assurances to non-federal users,” it said (http://bit.ly/1fzH0NT). Because such an allocation approach may increase uncertainty over who’s the regulator of the satellite systems operating in these bands, “it may be preferable to avoid the regulatory status questions raised by a co-primary allocation altogether and instead proceed under the proposed interference protection approach via a footnote to the allocation table,” it said. The commission also should avoid limiting the ability of non-federal launches to use the same frequencies as federal launches, “because many launch systems need to support both federal and non-federal missions without costly redesign or replacement of communications hardware,” Boeing said. Lockheed Martin supported SIA’s concern with respect to determining whether a given launch is federal or non-federal for purposes of launch spectrum licensing. The FCC “should avoid inconsistency on this well-settled matter by continuing to follow the FAA’s [Federal Aviation Administration] practice, such that only launches that require FAA licenses are deemed ‘commercial,'” it said (http://bit.ly/17vaYgW).
State public service commissions can survive in the post-deregulation era if they can identify ways to best serve the industry while ensuring that customers continue receiving reliable services, said Florida Public Service Commission Chairman Ronald Brise in his August newsletter published Friday (http://bit.ly/15cEaJR). As the nation transitions from traditional wireline networks to “largely unregulated IP-enabled services,” wireless and other forms of communication, NARUC’s Federalism Task Force will continue focusing on protecting consumers, ensuring public safety, ensuring networks remain ubiquitous and interconnected and ensuring consumers benefit from voice and broadband services, said Brise. He is on the task force, which released its final draft of its report Aug. 26. It had called for more cooperation between the FCC and the state PSCs (CD Aug 28 p10).
The FCC Consumer and Governmental Affairs Bureau sought comment on a request by Purple Communications regarding use of the Internet Protocol Captioned Telephone Service through Web or wireless technologies (http://bit.ly/19L50Ng). Purple requested the commission clarify that footnote 122 of the Video Relay Service reform order, stating that “calls that are completed using a technology that does not provide both inbound and outbound functionality are not compensable from the TRS Fund,” doesn’t apply when users access IP CTS through Web and wireless services. Purple said the footnote, if left intact, “would force Purple and other IP CTS providers to cease the provision of IP CTS using web and wireless applications,” as no technology currently allows inbound IP CTS over Web or wireless technologies to be captioned without some intermediary step. Comments on the petition are due 15 days after publication in the Federal Register, replies 25 days later, in docket 10-51. Separately Monday, the commission released an order on IP CTS rules. (See separate report above in this issue.)
The FCC seeks comment on a rulemaking based on issues raised in an April 30, 2012, petition by Harris, which asked the agency to require that digitally modulated signals be certified under the stringent H-Mask for use in public-safety spectrum. The NPRM said the FCC is proposing that digital technologies, “including but not limited to Terrestrial Trunked Radio (TETRA) based technologies,” must comply with emissions mask H when operating in 800 MHz National Public Safety Planning Advisory Committee spectrum (http://bit.ly/150svh5). The NPRM also proposes that equipment must have analog FM capability when operating on 800 MHz, VHF and UHF public safety mutual aid and interoperability channels. “Until recently, manufacturers generally have interpreted Part 90 rules to preclude use of Mask B in public safety frequencies due to the obvious and inevitable interference facing first responders should Mask B be applied in public safety frequencies,” Harris said in the petition (http://bit.ly/12IyTM4). “To be specific, digital technology meeting the more stringent Mask H emissions requirements is almost universally utilized in public safety frequencies used by first responders and others protecting life, health, and property.” But there have been recent moves to use equipment that is only certified to mask B in public safety spectrum, Harris said. “These products meet the Mask B emissions standard, but fail that of Mask H,” the company said. There will be “inevitable interference ... if digital equipment only meeting Mask B are utilized in or near public safety frequencies where other technologies, compliant with Mask H operate.” Alcatel-Lucent opposed the Harris petition, saying it’s “unnecessary, repetitive and anticompetitive” and a “collateral attack” by Harris on New Jersey Transit’s selection of Alcatel-Lucent as a vendor addressing the agency’s communications needs using PowerTrunk’s digital land mobile radio solution in the 800 MHz band (http://bit.ly/17dafGU). “From the moment NJT chose Alcatel-Lucent’s proposal as best meeting NJT’s needs with respect to price and functionality, Harris has explored every angle to block that decision to no avail, including by incorrectly claiming that the Commission rules did not permit NJT’s proposed operations,” Alcatel-Lucent said. The comment deadline on the NPRM will come with publication of the NPRM in the Federal Register. The FCC also froze (http://bit.ly/17hUDjB) certain applications to use the NPSPAC channels, pending completion of the rulemaking, including those “where the applicant specifies digitally modulated equipment that does not conform to Emission Mask H will not be accepted” and “where the applicant specifies equipment not capable of analog FM modulation on the NPSPAC mutual aid channels will not be accepted.”
The FCC should ignore any calls that the agency allow cell jamming as a means of combating contraband cellphones in prison, CTIA said in reply comments filed at the FCC. A May NPRM asked a battery of questions about what the administration sees as a growing problem for corrections officials (CD May 1 p1). CellAntenna, which manufactures jamming equipment, said jamming has a role and the FCC should permit various technologies because use of contraband cellphones poses a danger to the public and to corrections officers. The American Correctional Association (ACA) said the FCC should allow various technologies, including jamming.
As the fight continues over Verizon’s plan to rebuild its network on Fire Island destroyed during Superstorm Sandy using wireless infrastructure, one big question that arises is what’s wrong with wireless anyway as an alternative to the plain old telephone service. With small carriers across the U.S. deploying wireless-only systems and larger carriers making wireless a big part of their IP transition plans, some industry observers are asking if the FCC needs to change its regulatory worldview of wireless substitution. Last week, the FCC Wireline Bureau opted not to “automatically” grant Verizon’s Communications Act Section 214 petition (CD Aug 15 p1) to discontinue domestic phone services, but to instead request additional data from Verizon.
The U.S. needs to develop a “resilient power strategy” for telecom systems and the Internet “so that our ability to communicate when it’s most necessary is less vulnerable to disaster,” said a report released Monday by the president’s Hurricane Sandy Rebuilding Task Force. The high-profile task force was chaired by Housing and Urban Development Secretary Shaun Donovan. The report, like Sandy, cuts a broad swath, mentioning telecom and the Internet intermittently as it assesses damage caused by what became known as a “superstorm.” “Hurricane Sandy devastated small businesses throughout the affected region,” the report said (http://1.usa.gov/14gPYhi). “Flooding damaged inventories, machinery, and other structures; high winds and falling trees caused structural damage; and failure of power, water, telecommunications, and fuel infrastructure shut businesses down for days, if not weeks.” The report stressed the interconnection of various systems, including the telephone system. “Examples from Sandy that illustrate the need for regional coordination of resilience investments were seen in many instances,” the report said. “The storm’s impact on fuel terminals in New Jersey and on pipelines caused a severe problem of fuel availability in New York City. A hospital is only functional when access routes to the facility are open and when availability of water, power, and telecommunications allow continuity of operations and the ability to absorb the additional demand for medical care.” Among its recommendations are that the Department of Energy, NTIA and the FCC work together on a resilient power structure to keep telecom and the Internet functioning during future disasters. They should “promote a programmatic approach to ensure that cellular towers (antennas), data centers, and other critical communications infrastructure are able to function regardless of the status of the electrical grid,” the report said. “In addition, encouraging stored power (i.e., batteries) for consumer level broadband equipment, through funding or other means, will improve impacted individuals’ ability to seek information, help with recovery needs, communicate with family members, and even work from home when transportation or business facilities are significantly compromised.” The FCC is considering whether it should impose backup power requirements for cell sites or other rules in light of the June 2012 derecho wind storm (CD Aug 20 p1). “The commission is reviewing the recommendations included in the report,” an FCC spokesman said. “We worked closely with other federal agencies in responding to Hurricane Sandy and plan to continue doing so, in addition to continuing the work already planned and underway by the agency to enhance the resiliency of our nation’s communications networks.”
The FTC is “particularly well-suited” to have jurisdiction over net neutrality due to its experience in analyzing cases of vertical integration, FTC Commissioner Joshua Wright said during a Monday panel at the Technology Policy Institute’s Aspen Forum. “It’s what the FTC does every day when we look at vertical cases.” The agency’s “rule-of-reason analysis is a much better framework … than other alternatives I've seen discussed in this debate,” he said.