Howard Buskirk

A paper by Tim Wu of Columbia U. Law School, released Wed. but widely covered in advance, will reinvigorate debate at the FCC and in Congress on whether to apply net neutrality principles to wireless. The paper, published at an FTC summit on broadband competition policy, comes as the FCC considers reclassifying wireless broadband as an information service.

The American Bird Conservancy and the Forest Conservation Council failed to show a direct connection between bird deaths and wireless towers, a group of industry organizations told the U.S. Appeals Court, D.C. as it takes up the environmental groups’ case seeking a moratorium on Gulf Coast tower construction.

Verizon Wireless doesn’t have a proposal to offer a purported 12 MHz alternative to Cyren Call’s proposed 30 MHz public safety broadband network, Verizon Exec. Vp Public Affairs Tom Tauke said Mon. Tauke’s remarks confirm that while Verizon has floated a proposal, it was never fully developed into a working plan.

Wireless carriers, broadcasters and others seem to face little risk that the U.S. Appeals Court, D.C. will overturn the Deficit Reduction Act (DRA) and with it the Feb. 2009 deadline for the DTV transition and 700 MHz auction, judging by the judges questions in oral arguments Fri. Public Citizen contends the law is unconstitutional because the House and Senate bills weren’t reconciled.

A N. American Numbering Council (NANC) working group trying to work out differences between wireless and wireline carriers on porting issues has deadlocked with little prospect of compromise, sources said. In Dec., T-Mobile and Sprint Nextel asked the FCC to rule that LECs can’t impose what they call unnecessary hurdles to number porting.

Wireless carriers have changed their Hill strategy on federal preemption of state controls. In 2006, carriers got then-Senate Commerce Committee Chmn. Stevens (R-Alaska) to fit telecom legislation with terms sharply curbing state control on wireless service (CD June 20 p3). The bill didn’t pass. This year, CTIA and its members will seek interim gains as different bills progress, sources said. And CTIA Pres. Steve Largent will sit with NARUC members at coming meetings in D.C. to talk about state regulation of wireless.

If Congress accedes to Cyren Call demands, providing 30 MHz of spectrum for public safety broadband, it could delay a 700 MHz auction by years, if not kill it outright, members of the High Tech DTV Coalition said Tues. The group voiced its concern in a letter to Senate Commerce Committee leaders, as well as a study making an economic case against the Cyren Call proposal.

FCC Chmn. Martin’s decision to circulate an order that would reclassify wireless broadband as a Title I information service the day before Thurs.’s Senate Commerce Committee hearing came as a surprise at the FCC and among wireless carriers. Even more of a surprise, sources said, was that the FCC would take the action sua sponte - on its own -- without being asked by carriers.

Companies seeing huge profit in broadcast white spaces want FCC rules as loose as possible, to promote a vibrant market and get gear makers to offer many devices, they said in comments filed with the FCC. With the key question being whether the spectrum will be licensed or not, some commenters warned of the risk of interference to wireless microphones and other devices already using the TV bands.

CTIA and PCIA are fighting over rules on how advanced wireless services (AWS) auction winners pick a clearinghouse to oversee cost-sharing as new licensees move incumbents out of the 2.1 GHz band. The FCC decided last year to make both associations clearinghouses to free spectrum bought in last summer’s auction. The 2 have clashed repeatedly on details. “The clearinghouses have met and have worked to come up with a compromise, but at the end of the day it’s really a public policy positions and we just have opposing positions,” said Connie Durcsak, PCIA senior dir.-industry services.