Subject: [NEXTEL-1] `INTERFERENCE TEMPERATURE,' 800 MHz BAND, VoIP AMONG HOT ISSUES DEBATED AT CTIA SHOW

From: Marcelrf <[email-masked]>
Date: Wed, 24 Mar 2004 08:49:08 -0500

`INTERFERENCE TEMPERATURE,' 800 MHz BAND, VoIP AMONG HOT ISSUES DEBATED
AT CTIA SHOW

ATLANTA - The FCC's use of an "interference temperature" in
particular bands, its 800 megahertz band proceeding, voice-over-
Internet protocol (VoIP) services, and state regulation of wireless
carriers were among the hot issues discussed during two regulatory
panel sessions today on the second day of the Cellular
Telecommunications & Internet Association's show here.

A morning panel discussion featured senior officials from the FCC's
Wireless Telecommunications Bureau and two offices while an
afternoon session included wireless legal advisers to four
Commissioners and three industry representatives.

At the first session, Edmond J. Thomas, chief of the FCC's Office of
Engineering and Technology, defended the agency's consideration of
whether to adopt an interference temperature in particular bands.  He
said that the commercial wireless industry had assumed the
Commission was on a "binge" to adopt such temperatures, which were
suggested by the agency's spectrum policy task force in an effort to
allow broader use of frequencies.

The Commission adopted a notice of inquiry and a notice of proposed
rulemaking regarding such temperatures in November.  The NOI
solicited comments on whether the agency should develop an
interference temperature model while the NPRM sought views on
technical rules it should set to test use of the temperature in the
6525-6700 MHz band and parts of the 12.75-13.25 gigahertz band.  The
frequencies are primarily used for satellite uplinks and fixed
point-to-point microwave services.

"We chose a very limited part of the band and we're doing an
experiment," Mr. Thomas said.  "Honestly, this is going to be a very
deliberate and slow process with no predetermined mindset to do it
everywhere.  And it may go no further."

He also said that the use of an interference temperature "is not a new
concept," noting that the Commission had established regulations
dealing with "noise floor" levels to facilitate the deployment of
ultrawideband devices and sharing between terrestrial and direct
broadcast satellite providers in the Ku-band.

During a panel discussion yesterday, FCC Chief of Staff Bryan
Tramont said that said that licensed spectrum used by wireless carriers
was "not a prime target" for use of an interference temperature
because it is used so efficiently.  During a keynote session yesterday,
FCC Chairman Michael K. Powell said that while the Commission
was aware of the potential harm of permitting unlicensed "underlays"
in licensed services, it also realized the opportunities.

Mr. Thomas also defended an FCC proceeding in which the
Commission is considering requiring wireless and satellite service
providers to report to the agency whenever there are "significant"
disruptions to their systems.  The Commission adopted a notice of
proposed rulemaking in the proceeding in February.  Mr. Thomas said
that wireline providers have had such reporting requirements for 13
years, and they haven't proved onerous.

"We're going to work with industry and try to identify where the
network is resilient and where it isn't, where there are
vulnerabilities  and, hopefully, get them fixed," Mr. Thomas said.  He
added that the
Commission hoped wireless carriers would address any problems
voluntarily. He acknowledged it could force them to do so, but added,
"Our hope is that doesn't happen very often."

Brian Kidney, CTIA's chief operating officer, said his members have
complained about the amount of information the Commission will
seek from them, as well as the potential fines for not complying with
the reporting requirements.  Mr. Thomas replied that carriers would
only have to report on major outages and noted that the Commission
was looking to streamline the requirements for all providers.  He urged
industry to submit comments in the proceeding "on how we can, in
fact, minimize the burden."

Like other FCC officials, Robert Pepper, the FCC's policy
development chief, said the deregulatory approach governing the
wireless industry "is actually a great model" to use for VoIP services,
or as Mr. Pepper called them, "everything over IP." He noted that with
the introduction of such IP-based technologies, the FCC was faced
with deciding how to "reform legacy methods of achieving very
important public policy and social goals" such as universal service.

In response to a question, Mr. Pepper also said he did not believe
there was any need for states to reassume any regulatory jurisdiction
over
wireless carriers.  Wireless Bureau Chief John B. Muleta agreed,
saying that it "makes no sense to have 50 different regulatory
systems."  He also praised CTIA for introducing a consumer code but
said it must keep up with market developments.  It's "an evolving
process," he said.  "It's not the end, it's the beginning."

Many of the same issues came up during the spirited afternoon panel
discussion.  Sheryl J. Wilkerson, legal adviser to Chairman Powell,
and Barry Ohlson, senior legal adviser to Commissioner Jonathan S.
Adelstein, said they were pleased with the amount of economic data
that had been submitted in the 800 MHz band proceeding.  "It's nice to
have real numbers to work with," said Mr. Ohlson, who like Ms.
Wilkerson urged industry to submit more economic data in
proceedings. "I would say it's one of the first things that we look at
when an item does come up," Ms. Wilkerson said.

Mr. Ohlson also said that Mr. Adelstein's primary goal as he considers
the 800 MHz band proceeding is "trying to assess the litigation risk."
He said his office will be doing "due diligence" in the next couple of
weeks on that issue.

On the establishment of an interference temperature in particular bands
to facilitate the use of unlicensed underlays, Charla M. Rath,
director-spectrum and public policy for Verizon Wireless, complained
that any
effort by the FCC in that area would make it harder for licensees to
make greater use of their  spectrum and innovate in the future.

Regarding state regulation of wireless services, Jennifer Manner,
senior counsel to Commissioner Kathleen Q. Abernathy, noted that the
Commission lacked the authority to preempt state action but urged
industry to educate state regulators about the benefits of competition
and be responsive to their concerns.  "Your success should guide the
states," she said.

Paul Margie, legal adviser to Commissioner Michael J. Copps, stressed
the importance of the Commission reforming its intercarrier
compensation rules, noting that failure to do so could "complicate" the
VoIP proceeding.

The industry representatives were asked which one FCC regulation
they would do away with if they had their choice.  Glenn S. Rabin,
vice president-FCC counsel for ALLTEL Corp., picked the agency's
environmental rules, which he said make it difficult to site new
antennas.  Ms. Rath and Brian F. Fontes, vice president-federal
relations for Cingular Wireless, agreed that regulation was a good
candidate.  But they said it was difficult to pick just one rule.

On other wireless issues, Ron Jost, director-wireless for the
Department of Defense, said during the morning panel discussion that
his department supported all of the recommendations of an interagency
task force that studied the federal government's use of spectrum as
part of a Bush administration spectrum management initiative
launched last year.  Another report will present recommendations on
the use of spectrum employed by commercial entities and state and
local governments.  Both reports are due to the White House by May
29.

Mr. Jost said he understood there were more than ten "meaningful and
coherent" recommendations from the task force, but said he wasn't
allowed to discuss them.  He acknowledged that they could end up
being revised during the vetting process, and that DoD would keep an
eye on them to make sure it could still support them.

Mr. Jost also said that a wireless security policy for DoD was expected
to be released in the next month or so.  The department has been
working on the policy for a number of months.  He said each of the
services has signed off on the policy, which is now awaiting the
signature of Defense Secretary Donald H. Rumsfeld.

DoD also is working to integrate the use of mobile phones and Wi-Fi
networks at its facilities, Mr. Jost said, and has taken other steps to
use spectrum more efficiently in the wake of a Defense Science Board
report on spectral issues and wideband communications. - Paul Kirby,
[email-masked]

http://www.tr.com/online/trd/2004/td032304/index.htm

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