LoKT Telecom/Internet Law Blog

9.24.07 FCC Update

FCC Opens Rulemaking on 2155-2175 MHz Band: The FCC opened a notice of proposed rulemaking regarding the 2155-2175 MHz chunk of spectrum. This follows the FCC's decision to reject proposals by M2Z Networks and others to grant a single nationwide license for public/private partnership. The FCC requests comment on ways to address interference concerns if both mobile and base transmissions are to be allowed in the band, including the use of power limits and out-of-band emissions requirements. The FCC also asks for input on any other technological approaches that could be employed in this band. The NPRM seeks comment on whether to auction the spectrum, authorize unlicensed use of the spectrum, or adopt some other alternative licensing approach. The Commission also seeks comment on licensing and operational rules for this spectrum, including the appropriate block size and geographic area size to be used for licensing the spectrum, whether to license the spectrum under the FCC’s flexible, market-oriented Part 27 rules, and whether to auction the licenses in a simplified subset of alternative band plans.

CLECs Request Changes to Forbearance Rules: Five CLECs asked the FCC to revise the rules for ILEC forbearance requests. The CLECs argues that current rules did not allow enough transparency into the process or time to provide opposition to the request. The petition also asks that the FCC issue actual orders even when forbearance petitions go into effect due to FCC inaction, such as occurred last year with Verizon's broadband forbearance petition.

USF Changes to be Proposed in November:
The USF Joint Board expects to issue proposals to change the system, even including limited eligibility for broadband and wireless.

Intercarrier Compensation Still Dragging: As intercarrier compensation reform continues not to happen, some are suggesting that at least two areas will be addressed before the 2008 election cycle heats up. The FCC will likely issue rules on "phantom traffic" and could change USF contributions to be based on telephone numbers. The Missoula Plan continues to sit on the shelf while the FCC works on other business.

New Whitespace Device Results Presented to FCC: Microsoft and Philips presented new results from tests conducted in California and Texas showing no interference with terrestrial television signals. The FCC lab will review the results. Meanwhile, an order on TV white spaces will be pushed out past October. The NAB continues to heavily lobby against white space use and derided the new test results.

VoIP Providers Argue Against E-911 Location Standards: VoIP providers have filed comments at the FCC urging the FCC not to impose wireless-style E-911 location standards on VoIP. The providers argued that there is no technically feasible method for VoIP providers to automatically identify the customer's location. Vonage has suggested that the underlying network provider should be responsible for identifying 911 location for VoIP customers.

9.17.07 FCC Regulation Update

FCC Reduces USF Factor: The FCC announced that the USF contribution factor will decrease from 11.3 percent to 11.0 percent.

TV Whitespaces Debate Heating Up Again: The National Association of Broadcasters has intensified its campaign opposing opening TV white space spectrum to unlicensed use. The revived campaign comes on the heels of the less than stellar test results on white space devices reported by the FCC last month. Wireless microphone users are also increasing their profile in the lobbying battle. During a brief session with reporters in the commission meeting room, Chairman Martin noted that he hoped to place a white spaces item on the FCC's next agenda and indicated that the FCC would continue to test new devices.

Qwest Files New Forbearance Petition: Facing potential defeat of its forbearance petition, Qwest withdrew its petition. Qwest was unhappy with the limited relief that commissioners proposed in a compromise. Qwest then filed another petition in the hope that more lobbying will result in the commission granting greater relief. Meanwhile, an omnibus "me too" forbearance order is being circulated to address the various pending ILEC broadband forbearance requests. Qwest's petition could be lumped into that decision. FCC Chairman Kevin Martin is circulating virtually the same broadband forbearance order that he dropped when he couldn't get three commissioner votes at last week's meeting. This new order appears to be scheduled to coincide with AT&T's pending petition that is due for an order by October 11.

FCC Approves Smaller Antennas in 11 GHz Band: The FCC granted a petition filed by FiberTower requesting authorization to use smaller antennas in the 11 GHz band. The band is primarily used for backhaul services.  Users of this spectrum share with satellite operators and must coordinate to mitigate interference.

WCA Asks that 77 BRS Licenses Be Re-Auctioned: Back in 1996 in Auction No. 6, the FCC auctioned licenses covering 493 basic trading areas in the 2.5 GHz range. 77 of those licenses were returned to the FCC when those winning bidders failed to pay. WCA argues that the FCC should immediately re-auction those licenses. Many of these licenses are in rural and underserved areas.

Verizon Wireless to Sue Over 700 MHz Auction Rules: Making good on a veiled threat to disrupt the 700 MHz auction, Verizon Wireless has filed an appeal of the FCC's order. 

FCC Update 9-10-07

The Federal-State Joint Board on Universal Service issued a statement supporting the use of universal service funds for broadband. Chairman Martin, and Commissioners Copps and Tate serve on the joint board.

The FCC refused to grant M2Z's request for a (basically free) national license in the 2155-2175 MHz spectrum range. Instead, the FCC will open a formal rulemaking seeking comments on proposed uses of the spectrum. The spectrum could be sold at auction, or possibly opened to unlicensed use.

The FCC announced its agenda for its next meeting scheduled for September 11. On the agenda will be a
Memorandum Opinion and Order concerning requests for forbearance from Title II and Computer Inquiry requirements with respect to certain broadband services. This order will address the "me-too" forbearance requests filed by ILECs following Verizon's successful petition.