Howard Buskirk

Chmn. Martin indicated the FCC Enforcement Bureau is investigating “availability and sale” of telephone records (CD Jan 18 p11) with an eye on how Internet-based firms that sell obtain it from phone companies. Rather than bring carriers under more rules, Martin appears inclined to push enforcement of rules already approved by the Commission, sources said Wed.

Major wireline and wireless carriers asked the FCC not to impose additional regulations on carriers on social issues -- including new rules protecting consumer records or covering truth in billing -- tied to a notice of proposed rulemaking the Commission voted out at the same time it approved an order in Aug. reclassifying wireline Internet access service as an “information service.”

Ties between major carriers and designated entities (DEs) are coming under the Wireless Bureau microscope against a backdrop of long-pending action on a further notice of proposed rulemaking on DE issues. Late last week, that NPRM began to circulate on the 8th floor. But, due to an Aug. 2005 FCC agreement to launch an NPRM before a summer 2006 advanced wireless services (AWS) auction, FCC staffers already are asking more questions about relationships between carriers and DEs, industry and FCC sources said. The NPRM would go a step further and prohibit some relationships altogether.

Six public safety groups told the FCC in a filing many of their members are running into a dead end as they seek reimbursement from Sprint Nextel for planning needed for 800 MHz rebanding. The groups warned that the problem “threatens to stall the entire rebanding process” set in motion by the FCC’s 800 MHz rebanding order approved in 2004. Signing the letter were the Assn. of Public-Safety Communications Officials, the International Assn. of Chiefs of Police, the International Assn. of Fire Chiefs and 3 other national police groups.

The IEEE could vote as early as Jan. 18 on the long- awaited 802.11n Wi-Fi standard. If, during its week-long meeting in Hawaii, the IEEE adopts the standard, unanimously endorsed by an ad hoc industry body, initial pre-certification 802.11n products could reach store shelves by mid-2006. To adopt a standard, the IEEE must vote it out with 75% approval.

The FCC Wed. scheduled its long-awaited air-to-ground (ATG) 800 MHz auction for May 10. Companies led by Verizon’s Airfone, a prospective bidder, had asked the FCC to schedule an auction as soon as possible. The auction means that passengers on some commercial flights could have access to broadband through the ATG spectrum as early as next year.

The FCC’s long-awaited BRS/EBS order has been withdrawn from circulation so new Comr. Tate can get up to speed on its complex issues, industry sources said this week. The order involves leasing spectrum assigned to educational institutions for wireless broadband use. Meanwhile, lobbying continues. Motorola defended itself against the Assn. of Home Appliance Mfrs. (AHAM) charges that its recent data on the interference threat from microwave ovens and other IMS devices were based purely on “discredited” information and an NTIA study that tested old gear. A group representing ITFS license holders urged an end to secrecy on the terms of leases filed at the FCC.

Industry analysts and other observers view a Clearwire- News Corp. link as the likeliest outcome when the firm headed by Rupert Murdoch unveils details of a proposed $1 billion investment in high-speed Internet through DirecTV. “If you think that there are 2 possible suitors out there, at least in the U.S., Clearwire would be the one that would make the most sense,” said Peter Jarich, with Current Analysis: “Sprint is probably ruled out by the work they've done with the cable companies.”

The Wireless Communications Assn. said broadband radio services (BRS) licensees the FCC wants cleared from the 2150-2162 MHz band to make way for the award of advanced wireless services (AWS) licenses shouldn’t have to spell out in advance their estimated relocation costs, specially since relocation may occur as long 15 years in the future. The FCC is looking at whether to require BRS operators to provide this data on the grounds that operators should recover no more than 110% of that estimate. WCA told the FCC in a filing the requirement would be unprecedented. “Although the Commission has engaged in a myriad of involuntary relocations before, it has never required incumbents to be relocated to provide auction participants with anything like this, and there is no reason for the Commission to change course here,” WCA said. “Imposing such an obligation on BRS licensees will result in a substantial compliance burden, as a host of considerations that will ultimately determine the cost of relocating BRS operations perhaps fifteen years from now are currently unknown to incumbent BRS licensees.” “This is a very important issue,” said a BRS source. “This goes to… whether the Commission is going to treat fairly incumbent licensees who have done exactly what the Commission wants them to do.” The source said the issue could complicate the FCC’s desire to hold an AWS auction in June. “The Commission wants to deal with this before the auction and the AWS community wants it dealt with,” the source said. “But if the Commission adopts rules that are fundamentally unfair to incumbents we will pursue all legal remedies.”

Bucking trends in an arena that has done little in recent years but grow, Canada’s Rogers Communications said Mon. its wireless customer growth rate plummeted. In the last 3 months of 2005, Rogers added 216,300 wireless subscribers, down from the 262,900 the same period in 2004. Prepaid wireless subscriber net additions fell to 13,700 from 54,800. John Gossling, vp-financial operations, told the CitiGroup conference in Phoenix Rogers expected a decline, acknowledging it failed to compete aggressively on price against Bell Mobility and Telus. “We didn’t play in the free-phone space, we didn’t do the gift with purchase -- free DVD player, free hairdryer, whatever,” Gossling said. He said his company’s 54% share of the 3rd quarter postpaid market wasn’t “sustainable… against 2 big national players.” Rogers seems to have slipped thanks only to an earlier acquisition of Microcell and its Fido wireless service, Seaboard analyst Brian Sharwood told us. “If you take the numbers apart from the aberration of buying Fido, they look quite strong,” he said. “The churn numbers also look pretty good… They want to get churn under control and they're down at 1.5%.” Rogers’ cable results were more disappointing, he said. Rogers said cable TV subscriber net adds rose 35.6% to 8,000 from 5,900 a year earlier. Internet subscriber additions were 62,200, up from 57,100. Sharwood said he had expected more adds, based on very positive late 2005 data cited last week by Videotron. “The disappointing numbers are the numbers on both the IP phone and corresponding high-speed Internet and mostly basic cable,” Sharwood said: “Videotron had quite strong high-speed Internet and quite strong basic cable growth and that hadn’t happened in the industry for quite some time.” UBS analyst Jeffrey Fan dubbed Rogers’ net wireless subscriber additions “light.” But, he said in a research report, “overall, we believe the subscriber results were in line to better than consensus expectations… We believe underlying fundamentals remain strong.”