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.

The first panel consisted of Sen. John Kerry (D-Mass.), Sen. Jerry Moran (R-Kansas) and Reed Hundt, who served as FCC Chairman from 1993-1997 and led the commission during its first spectrum auction. The panel was in agreement that the current House bill will stiffly innovation and industry growth.

Sen. Kerry said that the proposed language is putting the future of the next generation of Wi-Fi at risk. He said that currently 65% of tablet users access Wi-Fi networks to access the Internet, and this number is only expected to grow. Sen. Kerry believes that the auction parameters should maximize the market potential, not just the revenue for the treasury. He stressed that the expert agency, the FCC, should be making the decisions on how to maximize the benefits of the auction, not politicians.

Sen. Moran spoke about the real implication that the House bill, as written today, would prevent job growth through innovation. He stressed his interest in technology came from the work being done in Kansas and other rural areas with startup companies who are innovating every day. Sen. Moran maintains that the FCC has done an acceptable job in the past managing auctions and they should be allowed to continue to do so.

Hundt pointed out many flaws contained in the current House language. The work that innovators have already done is how America has been established a leader in technology, especially as it relates to the unlicensed market. Hundt warned congressional leaders not to accept a bad bill in order to pass the rest of the package.

The next panel featured both technical experts and consumer advocates. Rusty Irvin is the CEO of StratusWave Communications, a wireless Internet service provider (WISP) in West Virginia. Because of West Virginia’s unique topography, Irvin maintains that his company is only able to operate in concentrated urban areas for hospitals and schools. StratusWave would like to push further into unserved areas, but is unable to do so until more effective technology becomes available.

Yochai Benkler, Berkman Professor of Entrepreneurial Legal Studies at Harvard University, spoke about the different business models for unlicensed spectrum. In a draft paper released yesterday, he calls for increased access to unlicensed spectrum for companies, and that the government must balance the need for the primary vs. secondary markets. He listed the explosion of industries that now depend on unlicensed spectrum, from UPS fleet management, to smart grid companies, to home health monitoring and mobile payments through RFID technology. He believes the need for unlicensed spectrum will only increase as technology is moving away from strictly cellular technology to more unregulated arenas.

Mark Cooper, director of research for Consumer Federation of America, released a study this fall stating that unlicensed spectrum consumer benefits exceed $50 billion per year. The study goes on to suggest that consumers’ use of Wi-Fi at home or in “hot spots” actually benefits cellular companies by offloading traffic that would otherwise clog the network. Additionally, he cited similar machine-to-machine benefits that Benkler had identified earlier.

James Assey, senior vice president for the National Cable & Telecommunications Association, spoke of the innovative ways the cable industry has been enabling its customers to have access to Wi-Fi hot spots even when end users travel outside their home area. Cablevision started the trend in 2008 and many companies are following suit. Assey cited the explosion of content as one of the main drivers in the need for unlicensed spectrum.

The final panelist, Peter Stanforth, chief technology officer for Spectrum Bridge, spoke about his company’s efforts to expand white space usage. Last week, Spectrum Bridge launched the first live commercial whites spaces network in Wilmington, N.C,. that will enable applications such as enabling telemetry, remote security and remote utility monitoring. Stanforth stressed that this is just the beginning of possibilities for white spaces technology, yet the House is seeking to end these efforts before they get off the ground.

In related news, earlier this week I attended an event for Sen. Olympia Snowe (R-Maine), who along with Senators Kerry, Moran and Mark Warner (D-Va.) sent leadership a letter regarding the current language in the House bill. These Senators, who are seen as leaders when it comes to technology in the Senate, called on the House to rethink their current direction because of the damage that will be caused to the development of new technology.

Sen. Snowe expressed disbelief that the House would choose to tie the commission’s hands in such a way to prevent access to this important spectrum for small and minority businesses. Her voice is particularly important as she currently serves as the Ranking Member on the Senate Committee on Small Business and Entrepreneurship.

Additionally, the language that is currently being considered has not been fully vetted in hearings and the implications are not completely understood. This is why nearly 300 technology companies sent a letter in December to the leaders, and the Chairman and Ranking members in both chambers, calling for the repeal of the current language contained in the bill. The conferees on the Payroll Tax bill are currently meeting to try to agree on a full extension of the payroll tax cut and may try to use spectrum auctions as an offset for the costs of that tax cut.

NTCA contacted leadership offices this week also to express concern with the language contained in the House bill, which could prevent our member companies from gaining access to this valuable spectrum. Rural companies should not be shut out of this important spectrum auction and we will continue to work with policymakers to ensure NTCA member companies can participate.

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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 . . . .

Before turning to why this appeal is so astounding from a public policy perspective, let’s step back and consider who’s part of the VON Coalition. The group’s website indicates that its members include AT&T, Google and Vonage. These are companies who typically claim to take very seriously seamless internetworking and the demands of consumers. Vonage years ago challenged a carrier that was allegedly blocking ports used by customers to initiate and receive VoIP traffic. Meanwhile, Google was one of the leading voices in public policy circles in the “net neutrality” debates, arguing among other things that a nondiscrimination rule should prevent “broadband providers from blocking, degrading, or prioritizing Internet traffic.”

So at least one leading member of the VON Coalition has argued that blocking in the context of a regulated telecom service is bad. Some VON members have argued that blocking in the context of a broadband information service is bad. But apparently, if it’s a different kind of information service (which is where many VoIP providers see themselves) or if it falls somewhere between an information and telecom service (which is where some others see VoIP), VON thinks a different standard should apply.

It’s astonishing to see the VON Coalition make such arguments given where they have been on blocking issues. Even if there could be legitimate questions about the application of certain obligations to information services, the FCC narrowly applied its new blocking rule to calls destined for or coming from the PSTN – and, once again, the VON Coalition seems to have no problem with applying blocking prohibitions even more broadly to information services in other contexts.

Before treading further down this rather awkward path, the VON Coalition group might want to revisit the prior consumer-centric mantra articulated by Google:

The fundamental principle is that it should be the consumer . . . that chooses what content and applications he or she interacts with, and which . . . services, applications and content will be the winners and losers. Thus, as the Commission has proposed, the core affirmative function of the nondiscrimination rule should be to prevent a [] provider from using its control over the network to favor or disadvantage (by blocking, degrading, prioritizing, throttling or other means) particular sources of content or applications.

AT&T rightfully noted in its own Public Policy Blog a while back the concerns about allowing some industry players to block calls on the PSTN while others were subject to blocking prohibitions. The FCC took sensible steps in its recent order to help remedy this regulatory disparity, in the interests of consumers and the integrity of the PSTN. It’s one thing for parties to have disagreements about compensation structures or interconnection rights. But it’s another thing altogether to see parties who purport to stand up for consumer interests against blocking in the context of both information and telecom services try to wiggle out of consumer protection duties when those obligations boomerang back their way. This ultimately begs the question – who is the VON Coalition really trying to protect?

Stay informed about the FCC’s USF/ICC reform proceeding. Read the Washington Report (NTCA member log-in required).

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

To that end, the FCC last week requested public comment on a petition from LightSquared requesting a finding that global positioning systems (GPS) do not merit legal protection from interference that may occur once LightSquared becomes operational. LightSquared also released a statement encouraging the GPS device manufacturers to release details concerning how their devices performed under the government testing of the LightSquared spectrum. Although shielded by non-disclosure agreements (NDAs), LightSquared urged the GPS makers to voluntarily withdraw the NDAs to add clarity to the findings.

Also last week, Sen. Charles E. Grassley (R-Iowa),  ranking member of the Senate Judiciary Committee, sent a letter to Philip Falcone, CEO of Harbinger Capital Partners, the primary investor in LightSquared, concerning “questionable” communications with his office.

According to Sen. Grassley, he has been asked to tone down and back away from his investigation and criticisms regarding the FCC handling of the petitions and requests for operations by LightSquared. Sen. Grassley described a conversation with Todd Ruelle, chairman and CEO of Fine Point Technologies. Mr. Ruelle is alleged to have remarked that his company “only gets paid if the deal goes through.”  Mr. Ruelle then apparently commented that a call center would be built in Iowa, once LightSquared received the go ahead to operate its network. Mr. Grassley indicated that he would not pull back.

In an article published by TR Daily, Mr. Falcone was reported to have disavowed the suggestions and behaviors of Mr. Ruelle, indicating that Mr. Ruelle was acting entirely on his own.

Staff members from the FCC recently met with Sen. Grassley in a two-and-a-half-hour meeting concerning LightSquared.

In a related story: AT&T issued recommendations in an ex parte filing concerning the Dish Network’s request for an ancillary terrestrial component waiver similar to the waiver granted to LightSquared, and approval of license transfers that would allow Dish Network to begin operating a 4G LTE satellite/terrestrial hybrid network.

AT&T indicates that Dish Network should be held to the same build-out requirements as LightSquared and that Dish should adhere to the same performance standards. AT&T asked the FCC to hold Dish to the same 700 Mhz interference rules applicable to other 700 Mhz licenses.

AT&T said that like LightSquared, Dish should provide terrestrial coverage for 100 million people in 33 months and 260 million people in 69 months. AT&T also indicated that the Commission should “reject calls to impose on Dish the same unlawful and anticompetitive spectrum use restrictions as were adopted in the Harbinger/SkyTerra Order.” The order restricted SkyTerra from providing any bandwidth via the terrestrial network to the top two wireless carriers, AT&T and Verizon, without first gaining approvals from the FCC. Also under the order, SkyTerra was forced to restrict access to its terrestrial network, banning access to AT&T and Verizon in economic areas that carry more than 25% total data traffic absent approval from the FCC.

AT&T is quoted as saying that such restrictions and barriers to specific companies “would be anticompetitive, discriminatory, and the height of arbitrary and capricious.”

Related posts:

1. LightSquared and Sprint Sign 15-Year Deal
2. Sen. Grassley Continues, LightSquared and Others on Hold
3. LightSquared to Build Nationwide, Wholesale 4G Network

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.

Fresh off the heels of last week’s 2012 International Consumer Electronics Show (CES), Shapiro highlighted the depth and breadth of devices that were showcased, including Internet-connected TVs, the connected automobile and health/wellness devices. The next-generation of electronics will rely upon new technologies such as cloud storage, machine-to-machine communication (M2M) and location-based services (LBS).

To put the increasing demand for spectrum in perspective, Shapiro noted that a smartphone uses 25 times the data stream of a traditional phone, and tablets use 120 times the capacity of a phone. Of the 20,000 new products that were showcased at CES last week, he estimated that about half assume that there will be sufficient spectrum in the future to provide for the device connectivity, an assumption that he said is flawed given the spectrum crisis facing the industry.

As the National Broadband Plan foretold, the nation is facing a shortage of more than 500 MHz in spectrum over the next 5-10 years. Kaplan focused his comments on the need for adequate spectrum polices to drive efficient use of this asset. As part of the solution to address the spectrum shortage, policymakers are focused on re-allocating more than 120 MHz from TV stations to broadband providers and network operators. The commission wants to hold incentive auctions whereby a portion of the proceeds gained through the auction will be directed back into the hands of original, incumbent licensees. However, Congress will need to approve the use of this new auction design before the commission can put incentive auctions into practice.

As part of deficit reduction talks, there are two separate bills making their way through Congress (S 911 and HR 3630) which may set the parameters for the newest spectrum auction. As the panel noted, the harsh, clinical reality is that Congress considers spectrum auctions as simply a way to earn new revenue. However, the industry has several other goals associated with spectrum auctions, including the ability to ensure competition in the marketplace and to drive new technological breakthroughs.

Kaplan said that the FCC supports a bipartisan Senate bill (S 911), which preserves the FCC’s ability to maintain some spectrum for unlicensed use. The panel agreed that historically the use of unlicensed spectrum has led to innovation, with the biggest success story in the creation of WiFi networks, devices and applications.

The FCC also wants the ability to set up auction parameters that ensure competition in the marketplace. Kaplan said that all carriers – from the tier one operators to the smallest rural providers – should be able to gain access to spectrum through this auction.

Kaplan acknowledged that incentive auctions are only part of the commission’s initial plan to acquire new spectrum assets. He said that the commission needs to identify and lock up the few quick, lasting spectrum wins that are still available, including reviewing the current parameters for the 1755-1850 MHz block; investigating the use of 2 gigahertz MSS (mobile satellite service) spectrum for terrestrial use; and evaluating new models for shared spectrum use between commercial and government operations.

As part of the larger discussion concerning the need for additional spectrum for broadband networks, McCormick pointed out the symbiotic, dependent relationship between wireless and wired infrastructure, and the necessity for fiber. He said that there will never be enough fiber capacity to the home; rather broadband providers will need to continue to invest and upgrade infrastructure.

In the past year, McCormick said that USTelecom’s members have invested $65 billion in broadband technology. In comparison, at the height of the development of the interstate highway system, the United States invested $30 billion in the creation of roads (adjusted for today’s dollars), and the government invested $10 billion (also adjusted), in the space program also during the height of its development. Clearly investment in broadband dwarfs other major infrastructure projects. McCormick suggested that the FCC restructure its operations to include a Broadband Investment Bureau, an idea that was seconded by other members of the panel.

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Sen. Grassley is holding up confirmation of two new FCC Commissioners. Senate approval of the the nominations cannot move forward until he drops his objection. The FCC has indicated that it is not required to provide the requested materials to Sen. Grassley, as he is not a member of the Senate committee that has oversight over the commission.

Sen. Grassely’s inquiry into the waiver has to do with a “short” comment period prior to the commission granting the ancillary terrestrial waiver. Sen. Grassely has indicated that he will continue to hold up confirmation of the new commissioners until he has been given the information he is requesting from all of those involved.

In a related story, LightSquared and Sprint Nextel reached the end of the preliminary agreement whereby Sprint would assist in the network management of the new network and provide the essential terrestrial presence once LightSquared had been cleared to launch service. The two companies had stipulated that LightSquared must gain approval to begin service prior to the contract becoming binding. At this point, the two have agreed to remain in contact and vigilant of the situation.

This past week, LightSquared Vice President Jeffrey Carlisle, Consultant Ashley Durmer and President of Harbinger Capital Partners Philip Falcone met with the FCC to discuss a “path forward” as LightSquared is running dangerously low on cash, after significant investments were made according to the FCC guidelines for companies working to increase the availability of broadband in the United States.

LightSquared discussed operating at reduced power levels and using alternative technical solutions in order to get the business started. The waiver limits LightSquared to controlled testing only until it is proven that LightSquared does not interfere with GPS or other navigational signaling. LightSquared reiterated the current interference issue as beyond its responsibility as the GPS industry designs lead to the interference. The GPS industry counters that the spectrum used by LightSquared was intended for satellite traffic and not terrestrial communications.

NTIA had indicated that it would resume interference testing in the LightSquared controlled “S Band” spectrum.  However, late on January 13, information released by LightSquared ran contrary, indicating that the Positioning, Navigation and Timing (PNT), and National Executive Committee had determined that they would not perform additional testing of the LightSquared spectrum.

Earlier analysis of the government-led follow-up testing performed on LightSquared’s proposed network has shown wide patterns of interference that disrupt both GPS signaling and aircraft positioning signaling. However, LightSquared maintains that the government’s testing reflects bias against LightSquared.

Related posts:

1. The LightSquared Week in Review
2. LightSquared and Sprint Sign 15-Year Deal
3. EATEL is the First ILEC to Partner with LightSquared

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.”

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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. 

Sen. Charles E. Grassley (R., Iowa), ranking member of the Senate Judiciary Committee, has expressed continued concern with LightSquared’s proposed network and the process by which it was approved by the FCC. Back in April of 2011, Grassley asked FCC Chairman Julius Genachowski for answers to questions and documents concerning LightSquared, Harbinger Capital Partners which controls LightSquared, and Harbinger Chairman Phillip Falcone.

Last week, in response to “numerous requests,” the commission set up a web page with information about LightSquared. Sen. Grassley maintains that this info was already publicly available and does not include the internal emails and other documents he has requested. The senator has said he will put holds on the FCC nominations of Jessica Rosenworcel and Ajit V. Pai on the Senate floor unless Chairman Genachowski releases the information.

For more on the EATEL/LightSquared partnership, see this release.

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1. LightSquared and Sprint Sign 15-Year Deal
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Stations licensed to channel 51 operate at the “top end” of the allocated broadcast spectrum. (Prior to the digital transition in 2009, the channel range had extended further, to channel 69.) In freezing both new and pending applications, the FCC also opens a 60-day window for low-power applicants for channel 51 assignment to amend their application to a different channel.

Stations currently operating either full-power or low-power at channel 51 may apply for waivers to make modifications to their broadcasts.

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First off, LightSquared filed its formal report on GPS interference at the FCC on June 30. The report indicates that LightSquared will proceed with its network build out via a “plan B.” As we reported a few weeks ago, the new plan requires using spectrum lower in the band, further away from GPS frequencies, and operating at 50% power. In addition, LightSquared is requesting that filters become a requirement for manufacturers of certain GPS equipment.

In a public statement LightSquared said, “The FCC does not face a stark choice between reliable GPS service and a new competitor in the broadband market. In fact, the testing results released today show LightSquared’s proposed solution resolves interference for approximately 99.5% of all commercial GPS devices, including 100%of the 300 million GPS enabled cell phones.”

Second, an FCC working group has also completed testing of LightSquared’s proposed plan for a nationwide 4G LTE network and in the summary noted that, “The LightSquared Terrestrial Broadband Service Will Cause Harmful Interference to Nearly All GPS Receivers and GPS‐Dependent Applications.”

It’s important to note that the working group’s conclusion was derived by testing LightSquared’s initial spectrum utilization plan and not its latest plan B deployment plan. 

The FCC has now opened the proposal for public feedback. Comments, suggestions and other input are due to the commission by August 15.

The National Telecommunications and Information Administration Administrator (NTIA) was one of the first to comment. In a letter submitted July 6, the agency told the FCC that additional testing should be done to gauge the impact of LightSquared’s alternative deployment of its L-band system.

NTIA Administrator Larry Strickling submitted a report conducted by the National Space-Based Positioning, Navigation, and Timing Systems Engineering Forum (NPEF), essentially a third party independent group, concerning testing of LightSquared’s deployment plans.

The report concluded that LightSquared’s network would impact all GPS receiver applications. However, the NPEF did not test the alternative deployment LightSquared is now planning, which involves initially deploying its system on 10 megahertz of spectrum lower in the 1525-1559 MHz band.

Strickling told the commission that NTIA agrees with the National Space-Based PNT Executive Steering Group’s recommendation “that additional tests be performed, and recommends that the FCC continue to withhold authorization for LightSquared to commence commercial operations until all the available test data can be analyzed and all valid concerns have been resolved.”

Sen. Charles Grassley (R-Iowa) also sent a letter to FCC Chairman Julius Genachowski complaining that questions and document requests he submitted to Genachowski back in April concerning LightSquared, Harbinger Capital Partners and Harbinger Chairman Phillip Falcone have not been answered or provided. Grassley further asserts that follow-up inquiries made by his staff have not been suitably addressed.

“My staff was told that the FCC chose to intentionally ignore the document requests in my letter….FCC staff asserts that, as a general matter, the FCC does not respond to Congressional document requests unless they are made by the Chairmen of the House Committee on Energy and Commerce or the Senate Committee on Commerce, Science and Transportation…”

Grassley has requested that Genachowski address whether his original document and information requests would be addressed; confirm that the FCC’s policy was to provide only requests made by chairmen of the House and Senate Committees; and reveal when and if this information had been provided to congressional representatives other than chairmen since 2000. The senator’s letter requests a response by July 20.

Despite all the continuing obstacles, LightSquared announced July 5 that it had secured an additional $265 million in funding.

Most recently, on July 7, LightSquared also announced the creation of the Empower Rural America Initiative, led by an advisory board that includes former Sen. Byron Dorgan (D-N.D.), former Rep. George Nethercutt (R-Washington) and former Rep. Charlie Stenholm (R-Texas). The group plans to partner with LightSquared to:

• work with small cities and rural communities to ensure the deployment of this new satellite and broadband service;
• work with LightSquared and other parties to resolve any GPS issues related to precision agriculture and other areas;
• ensure that LightSquared’s network can help rural markets augment their broadband and GPS services to provide greater accuracy and continuity of service;
• address the unique public safety concerns of small towns and rural communities; and
• help close the broadband adoption gap in rural America.

Related posts:

1. LightSquared’s Fate Hangs in the Balance
2. Big Questions Remain for LightSquared
3. Sen. Grassley Continues, LightSquared and Others on Hold

RBR-TVBR notes that if you combine the next two most popular response categories, the majority feel that the stations should share between 25%-50% of the fees with the networks. Nearly 31% of respondents indicated that 25% of the fees would be okay, while 23% of participants would allow 50% to be shared. Less that 3% thought that sharing 75% of the retransmission fees would be satisfactory.

The FCC is in the process of revisiting retransmission consent rules. The commission has issued a notice of proposed rulemaking (NPRM) in consideration of modifying the existing structure. For information, see NTCA’s 2011 federal filings.

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