Howard Buskirk

The full FCC has yet to start considering an order addressing the concerns raised by CTIA and the Rural Cellular Assn. last summer that wireless carriers won’t meet a Dec. 31 deadline that 95% of the handsets on their networks be location-capable, sources said. As a result, the FCC is expected to let the deadline pass without action. Carriers told the FCC in a July filing that due to the wireless market’s evolution and lack of consumer “churn” they could not meet the deadline. Verizon Wireless, Sprint Nextel, U.S. Cellular and Alltel -- carriers that have embraced a handset-based E-911 solution -- are affected. David Nace, counsel to RCA, said the lack of Commission action creates uncertainty for RCA members. “We're disappointed that the Commission has not viewed [action on the carriers’ joint petition] as a reasonable way to deal with the deadline that could not be met by carriers for various reasons,” Nace said: “The Commission has chosen instead to act on individual requests. We thought that they could have dealt with a large number of common problems by acting in the way we suggested. It would have given carriers the time needed to meet the performance threshold.”

Wireless carriers Verizon Wireless, Cingular, Sprint Nextel and T-Mobile are asking the FCC not to intervene in a fight involving the Cal. PUC over a relief plan for Southern Cal.’s 310 exchange. The South Bay Cities Council of Govts. and CLEC Telephone Connection of L.A. had asked the FCC to stay the 11-digit dialing plan, which is to start Dec. 31. But wireless carriers said unless the plan is carried out, competitors soon will be unable to enter the market in the areas covered by the 310 area code.

With the MCI-Verizon merger expected to close soon, law firm Lawler, Metzger, Milkman & Keeney told the FCC ex parte it is withdrawing as MCI counsel. The firm represented the company on a host of issues in filings in various dockets at the FCC. MCI has been among the mainstay clients at Lawler Metzger, which had no comment Tues. An MCI spokeswoman said: “Lawler Metzger has provided MCI legal representation over the years and we wish them all the best.” Lawler Metzger, one of a dwindling number of boutique telecom law firms, numbers among its ranks Richard Metzger, former Wireline Bureau chief, Regina Keeney, former chief of the International Bureau and Ruth Milkman, senior legal advisor to ex-FCC Chmn. Hundt and other top attorneys. “The firm has some highly respected lawyers and I'm sure they'll find other clients, though I understand MCI was a major client,” said one telecom attorney. “With all the consolidation, for a lot of firms life isn’t getting any easier.”

The Assn. of Home Appliance Mfrs. (AHAM) fired back Fri. at proponents of FCC-imposed restrictions on power levels of ISM (industrial, scientific and medical) devices, including microwave ovens, saying any pro- regulatory claims are based on “discredited” information and built on an NTIA study that tested old gear. AHAM alleged that equipment maker Motorola, which has supported claims that ISM equipment poses a risk, largely restated old arguments and did no noteworthy new research. The FCC is scoping the issue and a decision could be made as early as Jan.

In an issue drawing considerable attention on the FCC 8th floor, firms wanting to lease educational broadband service (EBS) spectrum from schools and churches are squaring off with the National ITFS Assn. (NIA) and Catholic TV Network (CTN) over how long the leases should run. The adversaries had been allies in the search for the best way to lease the 2.5 GHz spectrum, to be used for wireless broadband networks. But neither is yielding as lobbying on the issue intensifies.

The FCC in a report to Congress released late Wed. agreed with the Spectrum Coalition for Public Safety, representing law enforcement groups across the U.S., that the 24 MHz of 700 MHz spectrum set to go to public safety after the DTV transition should be adjusted to allow more ambitious broadband uses. But the Commission refused to support demands that public safety get an additional 6 MHz of spectrum.

NTIA Dir. Michael Gallagher will leave the agency early next year, as expected. He had led the agency since shortly after the departure of Nancy Victory in Aug. 2003, though he wasn’t confirmed by the Senate until Nov. 2004. Gallagher is expected to be replaced, at least in an acting capacity, by his deputy John Kneuer, industry sources said.

The National Capital Region Interoperability Program -- which has been testing public safety communications on 700 MHz through an experimental FCC license in D.C. (CD Aug. 28 2004 p1) -- told the Commission public safety officials see widespread use for the spectrum in their operations. All the public safety officials in the region said they see at least some use in their departments. for equipment operating on the spectrum, said an NCR report filed with the Commission. The report came on the eve of a weekend House vote setting a hard date for the DTV transition, which will provide public safety 24 MHz of 700 MHz spectrum -- less than the 30 MHz some public safety officials have sought.

Major wireless carriers face an uphill battle persuading the FCC to suspend a Dec. 31 deadline for 95% of handsets be location capable, at least based on limited waivers granted so far for smaller Tier 3 carriers, said industry and public safety sources.

The National Emergency Number Assn. (NENA) raised red flags about a request from wireless reseller TracFone that the FCC potentially lighten the regulatory load placed on it if it’s designated as the first wireless reseller with eligible telecommunications carrier (ETC) status under the USF lifeline program. Public safety sources said Tues. while TracFone is relatively small compared to a few of its peers, the issues raised aren’t, especially if other resellers also apply for ETC status.