Carriers face “economic” regulation if not “price” regulation under the broadband classification scheme proposed by FCC Chairman Julius Genachowski as the “third way” alternative, Commissioner Robert McDowell said Thursday. McDowell told a Phoenix Center conference on the broadband gap that uncertainty in the markets increased right after Genachowski’s speech in September when he announced the commission would move forward on net neutrality rules.
The National Spectrum Management Association and Motorola supported the Fixed Wireless Communications Coalition’s request for a rulemaking, in collaboration with NTIA, to permit shared non-federal fixed use in the 7125-8500 MHz band, especially for wireless broadband backhaul. The rule change is needed since long-haul high-capacity fixed service radio links with path lengths greater than 10 miles are restricted to the 6 GHz band now, the NSMA said in comments at the FCC. “As the demand for greater mobile broadband services increase, the number of fixed service links increases as well as the demand for higher capacities on those links,” the association said. “As a consequence, the 6 GHz band is becoming more and more congested to the point of exhaustion in certain areas.” Problems caused by rain attenuation dictate the use of frequencies below 10 GHz for backhaul, Motorola said. “The FWCC Petition recognizes the escalating growth in mobile broadband and commensurate increase in demand for wireless backhaul, and asks that the Commission amend its rules and explore the feasibility of automating frequency coordination between Federal and non-Federal users in the 7125-8500 MHz band,” the company said. “Motorola supports the FWCC’s Petition and urges the Commission to initiate a rulemaking to examine these issues and effectuate the recommended rule changes.” Boeing supported a rulemaking, but said use of the band for government-mandated testing of commercial and military aircraft and satellites must not be affected. “Boeing holds several Office of Engineering and Technology experimental licenses and operates under additional NTIA assignments authorizing the use of spectrum in the 7125-8500 MHz band at sites throughout the United States,” it said. “Boeing uses these licenses and assignments to test and certify wireless communications systems installed on the commercial and governmental aircraft and satellites it manufactures.”
Public interest groups led by the New America Foundation said the FCC should impose full disclosure requirements on wireless carriers in the commission’s “bill shock” inquiry. The wireless market is competitive and no new regulations are required, CTIA and carriers said. Consumer & Government Affairs Bureau Chief Joel Gurin said in May that the results of an FCC survey found bill shock a major concern for wireless subscribers (CD May 27 p1).
FCC Commissioner Mignon Clyburn chided members at the Federal Communications Bar Association luncheon Wednesday for over-the-top rhetoric in the war over reclassification of broadband services, saying the debate isn’t focused on the facts, the law or what’s best for consumers. A respectful debate is possible, she said, pointing to the recent program access proceeding, which she said resulted in a better product because all parties came to the commission with well reasoned, well supported arguments. “For some reason, however, reclassification has not engendered the same level of respectful dialogue,” she said. It’s not too late to change the atmosphere, she added.
Bills on spectrum reallocation are coming soon from Sens. John Kerry, D-Mass., and Olympia Snowe, R-Maine, and Rep. Ed Markey, D-Mass., they said after President Barack Obama committed to freeing up 500 MHz of spectrum over 10 years for wireless broadband. In a presidential memo Monday, Obama outlined a process to identify federal and commercial spectrum for reallocation, and use auction proceeds to support public safety. The effort will comprise administrative and legislative actions, and the White House plans to work with members of Congress, a senior administration official who refused to be named in stories told reporters on a conference call.
Final FCC action on program access cases against Cablevision may be in sight now that Verizon amended its complaint and after AT&T changes its own, which may occur soon, industry and commission officials predicted Monday. Action by Media Bureau staffers reviewing the complaints that the cable operator unfairly withheld HD streams from the telcos of two regional sports networks had been awaiting the revision by Verizon, they said. AT&T said Thursday it would make a supplemental filing within 10 days if Madison Square Garden (MSG), spun off from Cablevision, didn’t start good-faith talks (CD June 25 p11).
The FCC adopted video relay services (VRS) rates that are higher than those proposed by the National Exchange Carrier Association. The rates will be in effect from this July to next June. Providers under Tier 1 will be compensated at about $6.24 per minute, Tier 2 providers at $6.23 and at $5.07 for providers under Tier 3, an FCC order Monday said. The rate was established for an interim period of one year while the FCC seeks comment on a related inquiry, the order said. Industry officials had expressed concern over the rates proposed by NECA, which some had expected the FCC to codify in an order (CD June 10 p7). The commission also issued a notice of inquiry to address issues of fair compensation, VRS user data collection and other factors affecting market structure.
Standardization group Ecma International will submit a TV white spaces specification to the International Organization for Standardization for fast track approval, an executive said. Ecma work on the spec began early last year (CD March 24/09 p9). The spec is called “MAC and PHY for Operation in TV White Space.” A recent Ecma general assembly had “a huge discussion” and a vote, a participant said, resulting in “a very, very narrow decision” to advance the spec for fast track approval. The spec will likely be submitted before July 1, an Ecma participant said. Microsoft, Google, HP, IBM and other companies were opposed, he said. The companies said “the regulatory environment in many, many countries is not clear yet,” he said, but Philips and other companies involved in the technical group pressed for fast track approval. In January, a group of about 10 countries in ISO and the International Electrotechnical Commission welcomed use of the fast track approval process, an Ecma participant said. Broadcasting and defense industry executives participating in ITU-R didn’t immediately respond to e-mail queries. At a June 10 EC workshop on European objectives at WRC-12, Dirk-Oliver von der Emden with the Swiss Federal Office of Communications said conditions for accessing spectrum by cognitive and software defined radios, including white space devices, will likely “need detailed regulation” set down in the radio interface specifications. He said, however, the WRC-12 agenda item on the matter is limited. A European Telecommunication Standardization Institute official at the June 10 workshop said a first draft technical standard will likely be circulated before summer’s end.
How universal service fits into Congress’ planned rewrite of the Telecom Act is expected to come up at a Senate Commerce Committee hearing Thursday on the Universal Service Fund, industry lobbyists said Monday. The Senate hearing opens a new avenue of Hill dialog on USF, an issue that lately has been mainly the domain of the House. House and Senate Commerce Committee staff meetings on the telecom law revamp start Friday (CD June 21 p8).
The FCC is considering comments in a rulemaking on robocalls. The commission is proposing changes to its rules under the Telephone Consumer Protection Act, and it intends to harmonize “TCPA rules with the FTC’s recently amended Telemarketing Sales Rule,” the commission said in the notice. The FCC is considering adopting the FTC’s rule, which would require companies to obtain prior express written consent from consumers before transmitting prerecorded messages to them.