As expected, broad array of companies petitioned FCC for reconsideration of controversial ultra-wideband order that Commission approved in March. Challenges filed by our deadline included petitions from Sprint, ground-penetrating radar (GPR) manufacturers and users and UWB developer Multi- Spectral Solutions Inc. (MSSI). Petition for reconsideration that would be limited to radar vision-related portions of order was expected to be filed by UWB developer Time Domain, but hadn’t been by our deadline. In 45-page filing, Sprint raised 10 issues, in part challenging: (1) Conclusion in order that PCS licensees didn’t hold exclusive licenses. (2) Alleged failure of order to address “the most serious harmful interference to Sprint,” which company said constituted legal error. Most significant harm that Sprint is likely to sustain as result of order is “a material loss of network coverage and capacity,” petition said. “Sprint demonstrates that certain UWB developers misled the Commission concerning the operating parameters of CDMA technology and that as a result, most of the Commission’s conclusions concerning CDMA are factually erroneous.” (3) “Arbitrary and capricious” indoor UWB emissions level set for PCS band. (4) Extent to which order conflicted with FCC’s E911 rules and policies. (5) Failure of order to adjust UWB emissions levels in PCS band to account for “cumulative effect” of UWB interference. Separate petition for reconsideration was filed by National Utility Contractors Assn., which represents underground utility construction contractors. That petition also centered on GPR issues, saying order’s limitations on UWB as applied to GPR “will have negative consequences in collective efforts to prevent utility damages.” MSSI argued that: (1) Adopted rule significantly changed existing FCC policy, “but this change in policy was not proposed by or was not acknowledged in the original notice of proposed rulemaking. (2) Rule contradicted other established FCC rules and was in “material error.” It said FCC “unnecessarily restricts” frequency of operation for lower power UWB applications, such as vehicular radar. GPR Service Providers Coalition filed petition for partial reconsideration, asking FCC to expand category of eligible users to include existing service providers and govt. entities “while preventing use by mere hobbyists.” That petition also sought modification or clarification of coordination procedures to eliminate unnecessary paperwork and limit precoordination to sites or conditions where precoordination is truly warranted.” Group asked FCC, “in the absence of any evidence that GPRs have or will create interference to relax power emission constraints to level that is on par with unintentional radiators.”
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Boeing launched Galaxy 3C satellite Sat. from Sea Launch Odyssey Launch Platform, company said. Satellite is first of revamped 702 model that carries new solar cell technology and newly configured solar array panel that will ensure satellite will meet requirement of 15 kw of power for 15 years of service life, company said. Some original 702 satellites experienced problems with solar array panels.
Rural LECs would receive $400 million more in universal service over 5 years under FCC decision to adjust amount of high-cost loop support rural carriers would receive under Commission’s 2001 Rural Task Force (RTF) order, National Telecom Coop Assn. (NTCA) said. In order released late Thurs., FCC granted NTCA petition to amend its rules to account for mid-2001 implementation of RTF order that originally was intended to take effect Jan. 1. Midyear implementation would have resulted in less support for carriers in 2002 than FCC had intended, NTCA said. “By amending the rules, rural carriers will receive an additional $72 million in high-cost support in 2002 and cumulative additional support of more than $400 million over the next 5 years,” NTCA said. NTCA CEO Michael Brunner said decision “ensures that rural consumers will continue to receive telecommunications services and rates comparable to consumers living in urban areas.” FCC Comr. Copps said that corrects “inadvertent error that resulted in a reduced amount of universal service support for rural America.” He said he would have liked action on another issue not addressed in order, involving rural companies that purchased exchanges from other telcos. Those carriers aren’t eligible to receive additional support for investment in first year they operate those exchanges, he said. That means they must “wait a year to upgrade what is often poor equipment and consumers wait a year for new and improved services.”
Cablevision said U.S. Dist. Court, Brooklyn, dismissed class-action lawsuit brought against it by residents of Long Island for failure to carry YES Network on its system. Applauding decision, MSO said lawsuit was “entirely without merit.” Suit originally named YES as co-defendant but network was dropped later, YES spokesman said. He said suit had nothing to do with one it had brought against Cablevision (CD June 13 p11). Cablevision said it had offered to carry YES on same basis as MSG Network and Fox Sports Net, but YES rejected offers. “We continue to believe that the best way to resolve this matter is through negotiation, not litigation,” Cablevision said.
Defense Science Board Task Force on wideband radiofrequency systems plans closed meetings Aug. 28-29 at Science Applications International Corp. hq, Suite 500, Arlington, Va. Meetings originally were scheduled Aug. 29-30.
Responding to request by AT&T (CD June 13 p6), FCC voted Thurs. to apply unused e-rate funds to reduce size of contributions carriers made to Universal Service Fund (USF). Agency emphasized that action ensured that USF line item on customers’ bills would remain “stable for the immediate future.” Increases in carrier contributions translate to increases in line items on customer bills because carriers pass those costs on to users. USF item originally was on agenda for open meeting Thurs. but FCC voted on it ahead of time. Decision appeared to be somewhat controversial, with Chmn. Powell concurring in part and Comr. Martin dissenting in part. E-rate program helps schools and libraries finance infrastructure for computers.
With court-requested date for FCC ruling less than 2 weeks away, question remains at Commission whether mobile carrier may seek compensation from IXC for long distance traffic terminated on wireless network. U.S. Dist. Court, Kansas City, last year stayed litigation brought by Sprint PCS against AT&T, directing companies to take those issues to FCC. U.S. Dist. Judge Nanette Laughrey said if Commission didn’t rule on referred issues by June 24, litigation would move forward. Several sources said this week that direction Commission would take on issue still wasn’t clear. Sprint PCS has argued in ex parte filings that no federal law or Commission policy bars it from recovering all termination costs from AT&T. But AT&T told agency in filing last week that “any decision to modify current compensation arrangements between CMRS providers and IXCs is better suited to the intercarrier compensation proceeding where all the relevant factors can be evaluated.”
Citing condition called “ducting,” CBS affiliate in Salisbury, Md., WBOC-TV (Ch. 16), said new PBS DTV station in Hampton Roads, Va., WHRO-DT (Ch. 16, PBS) was causing interference to its analog signal, even 150 miles from latter’s transmitter. In emergency request to FCC to suspend high-power operations of Hampton-Norfolk station, WBOC-TV said WHRO-DT had “dramatically underestimated the level of interference” it would cause to analog signal, resulting in “severe impairment” of both over-air reception and reception at cable headends as far away as Dover and Milford, Del. Part of problem, it said, is “ducting,” in which passage of TV signal over large bodies of water, such as Chesapeake Bay and Atlantic Ocean, allows signals to “travel much further, without significant attenuation, than they would under normal conditions.” WBOC-TV said problem became most apparent when WHRO-DT switched to 950 kw power level in 3rd week of April, up from originally authorized 113.5 kw, and with antenna at 360.6 m, up from original 294 m. WHRO-DT had estimated that higher power and antenna would cause “de minimis” 0.9% increase in interference, leading FCC to approve increase.
AT&T Wireless, Cingular Wireless and Verizon Wireless asked FCC to suspend action on request by New ICO to provide ancillary terrestrial service in mobile satellite service (MSS) band until Commission acted on 2 other pending proceedings. Wireless carriers, in June 7 ex parte filing, reiterated their opposition to granting flexibility to New ICO to provide terrestrial services in that band, saying it would “conflict with previous orders, circumvent the law and deny significant auction revenues to the government.” Carriers asked that FCC first act on CTIA petition seeking reallocation of MSS spectrum based on arguments that service wasn’t viable and there was need for spectrum among terrestrial carriers. After Commission turned down CTIA request last year, group filed for reconsideration in Oct. Wireless carriers also sought review of decision last year by FCC’s International Bureau and Office of Engineering & Technology, which granted applications of New ICO and others for MSS licenses. Carriers challenged decision, which they said granted licenses without auction. “The illogic of the Commission’s actions will be compounded if the MSS flex proceeding is decided before the Commission has even reviewed the propriety of both the initial license grants for satellite-only service and the original satellite-only allocation,” carriers said. “It is improper for the Commission to review whether the MSS licensees should be granted even broader authority before the Commission decides whether the original allocation, eligibility rules and license proceeding were valid.” AT&T, Cingular and Verizon urged FCC to revisit “the factual premises underlying the original MSS allocation and licensing decisions at the same time it considers whether to permit terrestrial use of MSS spectrum and eligibility issues.” Action on MSS flexibility should be suspended until FCC resolves other outstanding proceedings, they argued.
Rep. Tauzin (R-La.) set July 15 deadline for movie studios, broadcasters, cable, consumer electronics industry and others to resolve all policy and technical issues regarding broadcast flag. Industry executives announced last week (CD June 5 p1) that their Broadcast Protection Discussion Group had reached consensus, though their report included much dissension. Tauzin’s demand came during 2-1/2- hour DTV roundtable discussion Tues. morning with more than 2 dozen industry executives, FCC staff, others. Group included MPAA Pres. Jack Valenti, Fox Group Pres.-Engineering Andrew Setos and NCTA Pres. Robert Sachs. Tauzin, chmn. of House Commerce Committee, has been holding series of such informal, private discussions to facilitate solutions to DTV transition. Tauzin spokesman Ken Johnson said meeting covered copyright protection, DTV cable compatibility, broadcast flag and other issues: “Chmn. Tauzin was encouraged by today’s discussions. He believes we're making steady progress and we now have a game plan in place designed to produce an agreement on many of the contentious issues holding up the transition.”