TESTING OF NORTHPOINT-DBS SPECTRUM DELAYED BY MITRE

Northpoint and DBS companies were expected to miss Feb. 19 deadline imposed by Congress to conduct tests to determine whether terrestrial service proposed by startup Northpoint could share spectrum in 12.2-12.7 GHz band (CD Jan 31 p3) without causing interference. Meanwhile, FCC issued correction in order setting up testing procedures by companies. Overall testing of equipment and technology has been major sticking point as Commission decides on issuing Northpoint license, both companies agree. “This is the final showdown for all terrestrial systems,” Northpoint CEO Sophia Collier told us: “This will show who has technology and who doesn’t.” Pegasus Vp John Hane said Northpoint legal maneuvering at FCC in effort to get license had been “unprecedented.” He agreed testing wouldn’t be completed in time. There was no word on when results might be finished or made available by Mitre, company hired by FCC to conduct testing. Mitre Engineer James Marshall didn’t return phone calls and company spokeswoman wasn’t up to date on testing procedures.

Test equipment from DBS providers EchoStar and DirecTV was installed at test site Feb. 9 and Feb. 13, respectively. Collier said Northpoint shipped its equipment around same time. Hane said Pegasus didn’t ship equipment because it wasn’t available from manufacturer. “We ordered the equipment and it’s off the shelf,” he said: “It’s going to take several weeks.”

Satellite Bcstg. & Communications Assn. (SBCA) Vp-Govt. Affairs-Gen. Counsel Andrew Wright, Hane and Collier agreed delays in implementation of testing procedures was likely to result in deadline’s being missed. “I've heard rumors, but I don’t know for sure if they are going to miss the deadline,” Wright said: “That’s the beauty of independent testing.” Hane said he didn’t know whether Congress had imposed hard and fast deadline, as Collier suggested. “The FCC could have scrambled and done a sloppy job that wouldn’t have served anybody’s interest. Sixty days just wasn’t enough time to come up with tests that produce meaningful results. It isn’t going to be done by [Feb. 19].” Wright agreed, saying “our concern is not” delay in testing, but “that it not be done quickly, but it be done right.”

Collier said possible delays were “among concerns during process” when lawmakers were debating testing issues. “Despite everyone’s best intentions,” testing has “taken longer than expected.” She said failure wouldn’t affect testing procedures because Congress didn’t set penalties as part of FCC mandate. “An applicant doesn’t have any recourse,” Collier said: “You could always sue the FCC, but that would take years.” Northpoint wants to hurry testing in effort to accelerate licensing process while DBS industry wants Commission to go slow and easy.

Both sides expressed reservations about testing methodology. Wright said SBCA was “concerned about Mitre doing the testing” because they “don’t have the expertise.” He said he didn’t believe Mitre had done “enough of this type of work. We are concerned they are doing this in a laboratory setting rather than a field setting.”