Congress at Odds Over Provisions in Payroll Tax Extenders Bill for Spectrum Auctions

Earlier this week, I attended The New America Foundation’s  “Spectrum Auctions and Super Wi-Fi: A Win-Win for Consumers and Taxpayers,” a briefing for congressional staff and advocates. The event was a reaction to the language in the current version of the House Payroll Tax Extenders bill (Jumpstarting Opportunity with Broadband Spectrum Act – JOBS Act), which proposes to pay for the tax cut via incentive spectrum auctions. The spectrum in question is currently held by TV broadcasters.

The House bill contains language in Section 4105 that prevents the FCC from restricting who can bid in a spectrum auction, i.e. it states that the commission cannot set up auction parameters to prevent tier-one operators from winning the entire auction. The bill also restricts the commission’s authority to set aside spectrum for unlicensed uses.

Of note, the majority in the House has publicly stated that they believe the parameters they are imposing on the commission will generate more revenue for the U.S. Treasury. However, thus far they have refused to cap the amount of money that will be paid to broadcasters to incentivize their vacating their current spectrum holdings. Read more

Consumer Protection Matters to the VON Coalition…Sometimes

If it’s an information service, no blocking. If it’s a telecom service, no blocking. But if it’s something in between, well not so fast . . .

More than 20 appeals of the FCC’s recent USF/ICC reform order have been filed, and it will be fascinating to see the U.S. Court of Appeals for the Tenth Circuit sort through all of the concerns raised. Of course, many of the appellants raise common issues, such as challenges to retroactive caps on cost recovery and/or the mandatory drive toward a default zero ICC rate for all switched services. (NTCA teed up both of these issues, among others, in its docketing statement filed with the court.)

But one party’s filing jumped out at me the other day. A docketing statement filed by the VON Coalition presents one straightforward – but quite astounding – issue:

The VON Coalition seeks review of the portions of the Report and Order . . . that impose a “No Blocking” obligation on providers of interconnected Voice Over Internet Protocol (VoIP) and one-way VoIP services . . . . Read more

The LightSquared Week in Review

Early last week, LightSquared announced that it had signed its 39th wholesale agreement, welcoming Telcom Ventures to the 4G LTE service. Telcom Ventures operates two services, Assist Wireless and New-Talk. Both services carry the FCC certification of Eligible Telecommunications Carrier (ETC), which allows them to provide lifeline services to low-income subscribers.

LightSquared‘s plans are currently on hold, waiting for approval from the FCC before it can begin operations with its wholesale partners. Read more

Industry Event Focuses on Spectrum Shortage

A panel composed of government and industry representatives was in agreement today that access to spectrum is one of the most important policy and technical considerations for the evolution and growth of wireless broadband networks and devices. “The Wireless Home and Wireless Policy” event featured a keynote presentation by Rick Kaplan, FCC Wireless Telecommunications Bureau Chief, and a panel discussion.

Sponsored by Broadband Breakfast — a Washington-DC based news organization — the panel also consisted of the FCC’s Rick Kaplan; Fred B. Campbell, Jr., President and CEO, Wireless Communications Association International (WCAI); Walter B. McCormick, Jr., President and CEO, USTelecom; Grant Seiffert, President, Telecommunications Industry Association (TIA); Gary Shapiro, President and CEO, Consumer Electronics Association (CEA); and moderator Drew Clark, Chairman and Publisher, BroadbandBreakfast.com. Read more

Sen. Grassley Continues, LightSquared and Others on Hold

Sen. Charles Grassley (R-Iowa), has requested information from GPS companies in regard to communications between the investment group (Harbinger Capital Partners), the FCC and the White House prior to the granting of an ancillary terrestrial waiver to LightSquared. Sen. Grassely has given the GPS group, which includes Garmin and John Deere, a deadline of January 25. He has requested the same info from the FCC and Harbinger Capital Partners. Read more

Spectrum for Medical Micropower Networks

The Federal Communications Commission has adopted a report and order allocating 24 Mhz of spectrum in the 413-457 Mhz spectrum band. Operating on a “secondary basis,” this allocation will provide medical micro-power networks enabling new implanted medical devices which are intended to assist in the restoration of sensation, mobility and function to paralyzed limbs and organs.

The order includes service and technical rules, including provisions that require the use of one of four frequencies and the capability of monitoring and shifting frequencies as those in use become occupied. The report and order is the result of a 2007 petition by the Alfred Mann Foundation. The foundation has shown through performance testing that the devices can be used without causing interference to co-channel operations.

FCC Chairman Julius Genachowski noted at the commission’s November 30 open meeting that “It’s already helped people who previously had no hope of recovering movement or motion in their limbs.”

EATEL is the First ILEC to Partner with LightSquared

LightSquared announced this morning that it has entered into a wholesale agreement today with rural ILEC and NTCA member EATEL. The agreement will allow EATEL to provide its customers with access to LightSquared’s proposed wholesale, nationwide LTE network integrated with satellite coverage.

EATEL, founded in 1935, is the incumbent local phone carrier in the Ascension and Livingston Parishes of Louisiana. Based in Gonzales, La., the telco provides high-speed Internet, phone and television service over a fiber-to-the-home (FTTH) network.

“LightSquared’s network not only allows EATEL to offer our existing customers wireless broadband services, it also gives us a critical competitive advantage as we expand our services into new markets,” said John D. Scanlan, EATEL president. Arthur “Smokey” Scanlan, EATEL’s chief executive officer, added that “LightSquared’s unique ability to offer both broadband and satellite connectivity over the same device will be a breakthrough product for our customers.”

With this agreement, EATEL becomes the first ILEC to sign on to LightSquared’s network.LightSquared continues to face major regulatory and technical hurdles which must be resolved before it can offer service, chief among them concerns about potential interference between its proposed network and GPS devices. LightSquared remains engaged with the NTIA, members of the military and the GPS community in testing its network and devices.  Read more

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