FCC Gives Nod to Wireless Backhaul, Hearing Aid Compatibility Orders

The FCC approved 5-0 Thursday a notice of proposed rulemaking and notice of inquiry aimed at spurring investments in wireless backhaul, a recommendation of the National Broadband Plan. Neither was particularly controversial. The FCC also unanimously approved an order aimed at increasing the number of wireless handsets available to the deaf and hard of hearing. The monthly meeting was over in less than an hour, and most of the questions in a press conference afterwards by Chairman Julius Genachowski focused on negotiations over net neutrality and broadband reclassification (see related story this issue).

The rulemaking “explores ways to increase the flexibility, capacity and cost-effectiveness of the microwave bands below 13 gigahertz, while protecting incumbent licensees in these bands,” the FCC said in a news release on the backhaul order. “In particular, the notice seeks to update regulatory classifications that may not have kept pace with the evolution of converged digital technologies, and to provide for increased spectrum sharing.” The inquiry, meanwhile, “requests comment on further steps the Commission can take to reduce wireless backhaul costs and increase investment in broadband deployment. It asks about changes in technical rules that would enable longer links in rural areas,” the FCC said. The NOI also asks whether permitting the use of smaller antennas could also reduce costs and stimulate investment in wireless backhaul.

"Microwave communications has become, in a growing number of situations, a viable option for backhaul of mobile broadband traffic,” Genachowski said. “As broadband providers accelerate deployment of next-generation networks, they will require backhaul that can carry what will be an exponential growth in mobile data traffic. … Today’s item takes a fresh look at our rules governing the use of certain microwave bands.”

Commissioner Michael Copps said the order is an important step in addressing the goals of the National Broadband Plan. “Spectrum is a finite resource,” Copps said. “We can’t make any more of it, so we need to find ways to optimize our supply by expanding flexibility of use for licensees and by improving efficiency through new and innovative technologies."

Commissioner Robert McDowell said he has longed believed the TV white spaces could be used for backhaul and has urged a further rulemaking on the topic since the FCC’s white spaces order in November 2008. “I know that the [broadband] team and the bureau has been working on this,” McDowell said, directing a question to Wireless Bureau Chief Ruth Milkman. “I wanted to see if you had any updates for us.” McDowell said he plans to continue to be a “squeaky wheel,” on the topic.

"One important consideration is that the landscape has changed a bit since 2008 in a sense that we have a new set of ideas now about what to do with the TV bands,” Milkman said. “In order to have a comprehensive and cohesive approach to rural backhaul we are hoping to get some additional information and analysis over the course of the next few months and then we would expect to have a recommendation for the commission later this year.” Milkman said she has been asking in various meetings with advocates of using the white spaces for backhaul for advice on channels that might work, including use of the VHF band,: “We're hoping that they will get back to us with information on that.”

The coalition that promoted licensed use of the TV band for backhaul said the FCC needs to resolve the long-pending TV White Spaces proceeding. The group’s four current members are the Rural Telecom Group, FiberTower, Sprint-Nextel and Comptel. “Using just a small portion of the many vacant ‘white spaces’ channels in the TV Bands would spur faster wireless backhaul deployment in rural and tribal areas and produce far greater efficiencies given the availability of existing low-cost equipment and the long-distance propagation characteristics of the TV Bands,” the group said.

The FCC also approved a report and order that clarifies that commission’s hearing aid compatibility rules cover customer equipment that contains a built-in speaker and is designed to be typically held up to the ear. The order also modifies the de minimis exception in the existing rule to require all large entities to offer at least one hearing aid-compatible model after a two-year initial period. An accompanying further notice of proposed rulemaking seeks comment on extending the hearing aid compatibility rules to cover new handsets and air interfaces.

"This item addresses the challenges faced by the 8 million Americans who use hearing aids,” Genachowski said. “The commission’s actions today will help Americans with hearing loss have meaningful access to the most exciting and innovative wireless communications devices on the market."

"We are acting to ensure that people across America who rely on hearing aids will be able to join those who already use the most advanced handsets that are driving the wireless broadband revolution,” said Commissioner Meredith Baker. “Informed through close consultation with a broad cross section of stakeholders, our approach balances the needs of the hearing impaired community with the need to promote and encourage investment and innovation in handsets."

Genachowski announced at the end of the meeting he had directed FCC staff to work on ways that the commission can better coordinate its review of proposed wireless industry mergers with the Department of Justice. Genachowski said he did so at the urging of Commissioner Mignon Clyburn, who had particular concerns about divestitures ordered in the Verizon Wireless-Alltel merger.

"We found that the different statutory standards for review can potentially lead to divergent directions from each agency that may result in confusion with respect to compliance,” Genachowski said. “I have therefore directed FCC staff to begin a process for increased coordination with staff at DOJ when our agencies are considering requiring divestitures in conjunction with a wireless merger.”

Clyburn said following the Verizon-Alltel deal, “Verizon Wireless had limited or no guidance about what procedures it should implement to reconcile the commission’s and DOJ’s potentially discordant goals.”