Howard Buskirk

The FCC Thurs. opened the door to use of broadcast “white spaces” for wireless broadband, approving a long- anticipated rulemaking. But the Commission declined to make a recommendation on whether the spectrum should be offered purely for unlicensed use, as sought by Intel, Microsoft, HP, Dell and other major high-tech companies.

An FCC vote on the BellSouth-AT&T merger at today’s (Thurs.) meeting appeared in doubt at our deadline. Detailed talks between Chmn. Martin and the Democratic commissioners are just beginning, sources said and seem less advanced than at the same point before a July vote on the Adelphia/Time Warner/Comcast license transfer. Complicating things is that Martin leaves Sat. morning for Asia, making it tough to move the meeting date. Wed.’s DoJ approval came amid questions about Tunney Act oversight and possible department maneuvering to avoid it.

Supreme Court justices seemed receptive Tues. to arguments by operator Metrophone that it should be allowed sue a carrier to recover unpaid payphone charges. The court was hearing oral arguments in a case also involving Global Crossing. Legal experts said the case could have much broader implications, especially if the high court agrees with Global Crossing and significantly restricts private enforcement of the Communications Act.

T-Mobile nearly doubled its spectrum position across the U.S. in the AWS auction, T-Mobile USA Pres. Robert Dotson said Fri. in the carrier’s first comments since the auction. At the same time, the carrier will begin rolling out 3G to subscribers next year, making an initial investment of $2.6 billion. T-Mobile officials won’t need more spectrum for the foreseeable future, they said without specifically addressing the 700 MHz auction.

The UN Foundation and Vodafone are donating to Telecoms Sans Frontieres (TSF), and in return the aid organization will help U.N. emergency responders by meeting their communications needs in disaster areas. Their 5-year, $2 million grant will let TSF respond to more emergencies in more countries, TSF Pres. Jean-Francois Cazenave told reporters Thurs.

The 11th U.S. Appeals Court, Atlanta, modified its truth in billing decision to make clear it didn’t intend to throw out the entire March 2005 FCC order. The FCC and the CTIA had asked the court to change the “ordering clause” of the ruling to clarify that the court was dealing specifically with issues NASUCA raised (CD Aug 2 p1). The court voided an FCC finding that state rules requiring or barring line items on mobile carrier bills are rate regulation preempted by federal law. The decision is seen as a loss for wireless carriers and the FCC. The court agreed to a new ordering clause: “Because the Communications Act allows the states to regulate line item billing for wireless services, we grant the petitions for review filed by the State Consumer Advocates and the State Utility Regulators, vacate the preemption ruling set forth in the Declaratory Ruling in the Second Report and Order, and remand the case to the Commission.” CTIA, but not the FCC, has asked the 11th Circuit to rehear the decision en banc, but that’s considered unlikely, sources say. More likely: A Supreme Court appeal.

The FCC WRC Advisory Committee (WAC) voted Wed. to adopt a position against using 3.7-4.2 GHz as a band for advanced wireless services, agreeing with satellite operators. But the committee has not adopted a position on 3650-3700 MHz, a frequency the FCC has slated for limited use in the U.S.

The 30 companies and associations that filed comments on FCC rules for the upcoming 700 MHz auction speak to the massive interest in the 60 MHz of spectrum to be auctioned before early 2008, sources said Tues. “From a business standpoint, if AWS is beachfront spectrum, this is the Riviera of beachfront,” said an industry official: “The fact that you did see all these commenters is indicative of how interested people are.”

The FCC should adopt rules for the coming 700 MHz auction that offer licenses in small geographic areas to accommodate bids by small carriers, said rural wireless groups. The FCC is considered likeliest to offer some spectrum in cellular market area (CMA) chunks - the smallest geographic licenses sold in the recently concluded AWS auction.

The Global VSAT Forum (GVF) and WiMAX Forum agreed Fri. to hold talks starting this week over what satellite operators view as a major threat: WiMAX use of the 3.4-3.7 GHz band. The deal came at a GVF summit on the band expected to be a major area of debate at next year’s WRC meeting in Geneva.