Howard Buskirk

Wireless issues appear to be getting more attention from FCC Chmn. Martin and his top advisers, perhaps the most since he became chairman 18 months ago. In recent days, the Commission has released items addressing 700 MHz spectrum and use of broadcast “white spaces.” On a UBS investor call Thurs., wireless issues were the first Martin discussed.

Industry groups this week warned of a major burden for wireless carriers, tower companies, broadband wireless providers and others, if the FAA imposes regulations requiring notice to the agency from anyone modifying a radio transmitter in 13 separate bands, including the increasingly important 2.5 GHz band.

A 3-judge panel of the U.S. Appeals Court, D.C. peppered lawyers from both sides with questions Tues. in an appeal by Nuvio and other VoIP operators of the FCC’s May 2005 requirement that such companies provide subscribers 911 within 120 days.

The FCC is looking for ways to spur greater use of 700 MHz guard bands. Sources said Mon. the proposal, released late Fri., is potentially significant because it could provide more spectrum for public safety and for carriers to offer wireless broadband. The FCC is also seeking comment on proposals for the best use of guard band licenses returned to the FCC by Nextel.

Some industry groups are using an FCC notice of proposed rulemaking on USF contribution methodology to argue for moving to a number-based method of calculating payments -- a question the FCC never raised, NASUCA claimed. The VON Coalition, CTIA and other groups said tweaks to current methodology will fall far short of needed reform.

T-Mobile and Verizon Wireless are poised to pick up chunks of spectrum that could prove valuable to their overall portfolios, based on bidding in the AWS auction, which is entering late stages, analysts and other observers said. To a lesser extent, so too are Cingular, Leap and MetroPCS, they said. In the auction’s late stages, bids totaled $13.8 billion late Fri.

Thomas Koutsky, resident scholar of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, was named Fri. to replace Robert Atkinson as chmn. of N. American Numbering Council (NANC). The announcement comes in the aftermath of questions being raised by state regulators in recent weeks about why the FCC Wireline Bureau hasn’t been scheduling regular meetings of the group (CD Aug 30 p1). Atkinson, of the Columbia Institute for Tele-Information, told us Fri. he was ready to leave the post he had held since 2001. “I resigned last October subject to my replacement being named,” he said: “They have been looking for a replacement… I've known Tom for many years. He’s a good guy and knowledgeable.” Comr. Anne Boyle of the Neb. PSC, a NANC member who wrote an e-mail asking why the NANC hadn’t met, said she was disappointed Atkinson is leaving. “I sincerely hope that the immediate controversy had nothing to do with Bob Atkinson’s leaving as chairman of NANC,” she told us: “I know that there have been some very positive steps within NANC on the work that we do to provide information to the FCC… We continue to do positive work.” Boyle said she hopes to discuss her concerns as highlighted in the e-mail with top officials in Chmn. Martin’s office in the near future. “I am certain that Tom will be a strong NANC Chairman and ensure that NANC’s recommendations serve the public interest,” Wireline Bureau Chief Tom Navin said in a statement. Koutsky, former senior attorney at the FCC Gen. Counsel’s office, also worked at Covad and Z-Tel before joining Phoenix.

Council Tree, Bethel Native Corp. and Minority Media & Telecom Council want the 3rd U.S. Appeals Court, Philadelphia, to toss out the AWS auction, they said in a pleading. Rules approved pre-auction effectively killed participation by them and other designated entities, they said. Among provisionally winning bids, only 4% have been by DEs’, they told the court.

The FCC likely will hand T-Mobile, other wireless carriers and airlines a victory over the Mass. Port Authority (Massport) on a Massport demand that Continental Airline yank a Wi-Fi antenna from its frequent flyer lounge at Boston- Logan International Airport. Sources involved in the fight said Wed. the order has big implications for Wi-Fi’s future. Continental wants to offer customers free Wi-Fi service, competing with Massport’s $7.95-a-day service (CD June 5 p4).

Nearly 18 months into his tenure, FCC Chmn. Martin clearly relies more on close advisors and less on bureau staff and others, insiders said. Officials were split on the extent to which Martin’s close control has precedent, and over its impact on the FCC. A spokeswoman for Martin, who became chmn. in March 2005, declined to comment.