SBC said it was confident that its Sec. 271 application for Ark. and Mo. would pass FCC scrutiny despite concerns expressed Mon. by Dept. of Justice (CD Sept 25 p5). SBC said in meantime it would work with Commission to “answer any questions federal regulators may have regarding our application.” DoJ said it couldn’t support application because “several important issues” remained unresolved, among them: (1) Prices SBC charges competitors for use of network elements in Mo. (2) Problems with maintenance and repair systems in both states. (3) Level of “postentry performance oversight and enforcement” in Ark. Legg Mason said it thought application had “good chance -- about 70%” of clearing FCC review. In research report issued Tues., Legg Mason analysts said DoJ’s concerns weren’t delivered with “much intensity.” DoJ “declined to endorse SBC’s bid but didn’t throw up a roadblock either,” it said. For example, Justice questioned whether unbundled network element (UNE) rates in Mo. reflected forward-looking costs, but also noted that SBC had reduced some of those rates on interim basis, Legg Mason analysts said. Legg- Mason added “a few caveats,” saying for example that it took only 2 commissioners to deny an application, since FCC has 4 rather than 5 members now. Application also could be affected by FCC annoyance with misstatements SBC has admitted it made in seeking approval of earlier Kan. and Okla. applications. Agency has been looking into that issue and is expected to fine SBC. Analyst Anna-Maria Kovacs, Commerce Capital Markets, said “DoJ’s recommendation leaves the FCC all the room it needs to decide either way, but the issues raised make passage less than a slam- dunk.” However, she said Justice used standard that market must be “fully and irreversibly open to competition, a standard that is somewhat tougher than the FCC standard, which seeks to ensure that competitors have the opportunity to compete.” Kovacs said it’s “somewhat difficult to handicap this joint application” given problems that came up in SBC’s earlier effort to gain approval for Mo. Agency was particularly concerned about quality of maintenance and repair systems offered to competitors and same issue could be problem this time around for both states, she said. Although these are small states, they set stage for when SBC returns soon with applications for Cal. and Ameritech states, she said. If FCC and states are comfortable with SBC’s ability to fix outstanding concerns, for example on maintenance and repair systems, SBC will get better “welcome” when it returns with applications for higher visibility states, Kovacs said.
Coalition of GPS, aviation and wireless interests told Deputy Defense Secy. Paul Wolfowitz that DOD should adopt position that overlay of commercial ultra-wideband (UWB) emissions in 1-6 GHz was “unacceptable.” In Sept. 19 letter, group urged DoD to adopt position that further notice of proposed rulemaking from FCC was needed to guard against interference concerns. Letter was signed by 34 companies and groups, including Delta, U.S. GPS Industry Council and XM Radio and underscored many of same concerns on UWB interference to GPS operations that such companies have been expressing to FCC, NTIA and other agencies. While NASA and Dept. of Transportation already have expressed UWB interference concerns to Commerce Secy. Donald Evans, letter to Wolfowitz warned that DoD decision on UWB position was “imminent.” Letter expressed condolences on terrorist attack and said communication was timed to pending nature of DoD decision. It said that from regulatory perspective, commercial and govt. uses of UWB devices were different. “We do believe the government should maximize and encourage opportunities for innovation, while protecting national security and public safety services crucial to the broader public interest and ensuring the rights of commercial incumbents,” groups said. Letter said that requiring deployment of UWB commercial services in spectrum below 1 GHz and above 6 GHZ would “not inhibit the development of this technology.” Defense Dept. has been hearing varying views internally on UWB, as Defense Advanced Research Projects Agency (DARPA) seeks solicitation for research proposals focused on UWB radios (CD Sept 10 p2). In presentation at Networking in the Extreme industry day in McLean, Va., Sept. 10, DARPA Information Technology Office outlined potential to use UWB technology in “complex, hostile environments.” It touted UWB technology’s “immunity to fading” and low probability of jamming or detection. DARPA said “UWB has the potential for revolutionary change” although regulatory changes still were needed. It outlined UWB applications for logistics, weapons development and geolocation.
House and Senate Judiciary and Intelligence Committee leaders are drafting legislation that would expand wiretap capabilities of federal agents under Foreign Intelligence Surveillance Act (FISA). FISA, which sets legal parameters for investigation of sabotage or terrorist activities committed by “agents of a foreign power,” provides federal officers with emergency wiretap and search and seizure authority that isn’t subjected to Title III electronic surveillance restrictions. One of measures that Senate Judiciary Committee Chmn. Leahy (D-Vt.) and other leaders will introduce this week would extend “roving wiretap” powers to FISA investigations, a Leahy staffer said.
Justice Dept. (DoJ) wants fewer restrictions on wiretaps and plans to have legislation to Congress by as late as Wed. that would let investigators monitor person rather than individual phone line, Attorney Gen. John Ashcroft said in news briefing Mon. Legislation also would allow wiretap order on individual to extend beyond single jurisdiction. Ashcroft urged Congress to enact legislation by end of week. Congress is observing Rosh Hashanah holiday and won’t return until Thurs. Legislation also could include other changes in electronic surveillance regulations, but DoJ spokeswoman said there were many details to be worked out. “This is a reasonable upgrade in our opportunity to help us curtail and combat the threat,” Ashcroft said. “We need these tools.”
NASA Administrator Daniel Goldin warned Commerce Secy. Donald Evans that ultra-wideband (UWB) devices -- even at power levels below Part 15 requirements -- “have significant potential for disruption of critical operations by GPS.” Goldin asked that NTIA: (1) Urge FCC to issue further notice of proposed rulemaking on UWB, not final order. (2) Recommend that further notice propose rules for UWB devices above 6 GHz and limit out-of-band UWB emissions below 6 GHz to restrictions outlined by NTIA in draft proposal. “The potential for disruption becomes especially acute if UWB devices are allowed to proliferate unlicensed and operate in widespread networks,” Goldin said in letter obtained by Communications Daily. “This is a critical concern for NASA as such interference will undermine our ability to support the Department of Transportation in meeting the nation’s air traffic and aviation safety challenges.” Letter was written July 25 but hasn’t been widely circulated. Sources said Transportation Secy. Norman Mineta had written similar letter to Evans. He asked that Administration not take position on UWB that would allow “intentional, unlicensed emissions in current restricted bands” such as GPS. Mineta and Goldin both asked Evans to obtain consensus of federal agencies on UWB, although one source said Administration-wide position wasn’t expected until Dept. of Defense weighed in on issue.
Morning terrorist attacks Tues. on World Trade Center and Pentagon led to shutdown of Congress, although process was far from quick or orderly. Shortly after first of 2 hijacked planes crashed into World Trade Center in N.Y., House Speaker Hastert (R- Ill.) -- who is immediately behind Vice President Cheney in succession to presidency -- was evacuated by U.S. Capitol Police and Secret Service agents to secure, undisclosed location. Senate Majority Leader Daschle (D-S.D.) also was said to be in secure location, along with handful of other unnamed members of Congress. Top aide to Hastert said that while some time passed before orders were issued to evacuate all congressional personnel, after Hastert’s quick departure “a lot of people decided it would be a good idea to leave.” At least one hearing was interrupted in progress, and many others were cancelled.
At time when some in GPS, aviation and wireless community are voicing concerns to NTIA and FCC about potential of ultra-wideband (UWB) technology to cause interference, dozens of UWB trials and demonstrations are under way at federal agencies. Several industry observers said that sets up tough policy dynamic for NTIA between vocal criticism by GPS and aviation community and quieter interest of govt. agencies already using technology, which works by sending pulses at very low power levels in very short time periods over wide swath of spectrum.
NTIA plans to send legislative proposal to Congress today (Thurs.) that would postpone for 2 years deadline for receipt of advanced wireless auction proceeds. Move is designed to give federal policymakers more time to reach decision on obtaining additional spectrum for 3rd generation wireless services. In her first news conference, NTIA Dir. Nancy Victory said auction proposal didn’t mean current 3G viability analysis by broad range of federal agencies would itself take 2 more years: “We are hoping to do it in a much shorter period.” Legislation that would provide additional time for auction proceeds to be deposited in U.S. Treasury “is a recognition of the fact that more time is needed in order to take a look at this issue,” she said, referring to 3G. New date would be Sept. 30, 2004, for proceeds to be deposited from auction of 1710-1755 MHz and 2110-2150 MHz, instead of current statutory deadline of Sept. 30, 2002, she said. Besides 3G, Victory said she saw NTIA focusing on questions of broadband deployment, telecom and broadcast minority ownership, comprehensive spectrum policy review.
Space analyst called Intelsat’s decision to cancel purchase of Astrium-built APR-3 satellite (CD Aug 29 p8) an “empty bluff,” implying company might have been trying to send message to State Dept. protesting its rigid export policies. Analyst said: “What are [Intelsat’s] realistic options? Who else are they going to buy satellites from? The Indians, or the Russians, or the Chinese?” Intelsat planned to launch APR-3 aboard Chinese Long March rockets, but after months of waiting was unable to obtain necessary presidential waiver that’s provided after State Dept. recommendation.
Defense Secy. Donald Rumsfeld and Joint Chiefs of Staff Chmn. Henry Shelton told Senate Majority Leader Daschle (D-S.D.) that no final decision should be made to reallocate DoD spectrum for 3G “until truly comparable spectrum is identified and made available.” Letter, sent to Daschle Mon. and released Wed., marks first time Rumsfeld and Shelton have spelled out publicly their position on upcoming 3G spectrum decisions. Citing “win-win” solutions put forward by wireless industry, they said they remained “open to such a solution provided that DoD requirements are preserved.” But Rumsfeld and Shelton cautioned that no solution was feasible until comparable spectrum has been identified for DoD functions that would be displaced. “Therefore, we ask that no decision be made to reallocate the federal band, including a ‘policy decision’ or ‘decision in principle,’ until truly comparable spectrum is identified and made available,” they wrote. Letter comes within days of expected FCC decision that will take other major candidate band for 3G -- 2500-2690 MHz licensed for MMDS and Instructional TV Fixed Service -- out of running for relocation for advanced wireless services (CD Aug 28 p1).