The House will vote today (Thurs.) on extending trade promotion authority to President, regardless of what whip count shows in terms of support, but increasing number of high-tech lobbyists quietly were predicting defeat. Public posturing has been high this week in favor of TPA, with industry leaders holding several rallies. Commerce Dept. Secy. Donald Evans said Tues. that bill would pass, and U.S. Trade Representative Robert Zoellick said Wed. he was optimistic, but “it could go either way.” But poll after poll has shown House Ways & Means Committee Chmn. Thomas (R-Cal.), author of the TPA bill, was 30-50 votes short of passage, and those we spoke with pushing for the bill admitted it was extreme longshot. High-tech community has been near-unanimous in its support of TPA, viewing legislation as way to open up foreign markets at time when industry is struggling.
Commerce Secy. Donald Evans sent FCC Chmn. Powell letter late Fri. asking for 60 additional days to complete analysis of ultra-wideband (UWB) systems, Commerce Dept. source said. Evans believes 60 more days are needed to complete evaluation of UWB systems to ensure protection of critical govt. operations and safety of life services, source said. Letter comes after Deputy Defense Secy. Paul Wolfowitz asked Evans to advocate delay in final regulatory decision until at least Feb. (CD Nov 29 p1). NTIA officials and engineers are meeting on accelerated basis with other govt. agencies and FCC to try to reach unified govt. position on UWB, several sources said. Wolfowitz letter to Evans had indicated that DoD review of preliminary draft of FCC’s UWB rules found “they will not provide adequate protection for GPS and other critical DoD systems.” Wolfowitz had asked Evans to seek additional 60 days from time that final FCC draft is ready for review by other govt. agencies. Several sources have said item on UWB began circulating on 8th floor at FCC last week. But how Evans’s letter may affect timing of UWB placement on agenda for FCC’s Dec. 12 meeting wasn’t clear at our deadline. Powell had told House Appropriations Subcommittee earlier this year that FCC could issue UWB rulemaking by year-end, although at time it was awaiting final govt. evaluation of interference issues. Wolfowitz letter had pointed out that NTIA, Transportation Dept. and industry tests had concluded UWB devices could cause significant harmful interference to GPS and other key DoD systems. Goal of Evans seeking more time from FCC before final decision is to “find a solution that takes into account the importance of bringing new technologies like UWB to the market without compromising critical life systems related to public safety and national defense,” Commerce Dept. source said. “The analysis we are doing is based on facts and it is extremely complex and time-consuming.” Docket at FCC on UWB proceeding (98-153) has attracted nearly 780 filings. UWB developer Time Domain told Commission in recent ex parte filing that it believed testing had shown UWB could operate at levels set in FCC’s notice of proposed rulemaking without causing harmful interference to existing services. FCC spokeswoman said Commission wasn’t releasing letter Mon. and had no comment on request for additional time.
Bush Administration is working closely with FCC and NTIA to ease regulatory burdens to broadband deployment and free up spectrum, senior official said Fri. However, Administration contends there’s little need for broadband policy, Commerce Dept. Asst. Secy. for Technology Policy Bruce Mehlman told ALTS conference: “Rather than policy fixes, it’s going to be technology developments that get broadband to all Americans.” He dismissed idea that Administration would weigh in on either side of debate on Bell-friendly bill promoted by House Commerce Committee Chmn. Tauzin (R-La.) and ranking Democrat Dingell (Mich.).
Deputy Defense Secy. Paul Wolfowitz asked Commerce Secy. Donald Evans to advocate delay in final regulatory decision on ultra-wideband (UWB) until “at least February.” Expectation of some industry observers had been that UWB could be taken up at FCC’s Dec. 12 agenda meeting, although timing was unclear because NTIA still must submit final input to FCC on rulemaking, sources said. FCC Chmn. Powell told House Appropriations Subcommittee earlier this year that Commission could issue UWB rulemaking by year-end, although he said at time that agency was awaiting final evaluation from govt. on UWB interference issues (CD May 23 p7). In letter to Evans last week, Wolfowitz said DoD’s review of preliminary draft of FCC’s UWB rules “indicates they will not provide adequate protection for GPS and other critical DoD systems… They also raise significant national spectrum management policy issues such as the intentional operation of nonlicensed devices in nationally restricted bands and in internationally designated passive-only bands.” Several sources said item on UWB began circulating on 8th floor at FCC earlier this week.
House Rules Committee is engaging in continuing consultative process that could determine whether previously rejected line-sharing amendment to data deregulation bill could be revived. Amendment, which would have modified broadband legislation (HR-1542) by House Commerce Committee Chmn. Tauzin (R-La.) and ranking Democrat Dingell (D-Mich.), was introduced by Reps. Luther (D-Minn.) and Wilson (R-N.M.) in Commerce markup earlier this year but died. Luther-Wilson amendment, which is supported by CLEC industry, would strip Tauzin-Dingell language that could block CLEC access to ILEC unbundled network elements (UNEs), Luther’s Senior Legislative Asst. Christian Fjeld said Wed. at ALTS conference in Arlington, Va. However, Staff Dir.-Technology Don Green said it was “too early to speak authoritatively” as to when -- or whether -- Rules Committee would act formally on Tauzin-Dingell. Rules Committee “at some point” may consider whether to send to House floor HR-1542 or competing version of bill that received unfavorable referral by House Judiciary Committee.
Promotions at National Geographic Channel: Nanette Anderson to dir.-scheduling, Courtie Bassarab to dir.- evaluation… Scott Perry, AT&T, joins Planet Zanett board… Cecil Hunt, ex-gen. counsel of Commerce Dept. Export Administration, moves to Harris, Wiltshire & Grannis… NightFire chief strategist Venkates Swaminathan elected to board of Alliance for Telecom Industry Solutions… Paul Davis promoted to pres.-Loral Asia-Pacific, replacing William Wright, moving to pres.-XTAR Satellite Services… David Kirschner, ex-e-Sim, named gen. mgr., News 12 Interactive.
FCC issued notice of proposed rulemaking (NPRM) Wed. that seeks comment on potential rule changes that could streamline wireless services applications that affect “quiet zones.” Those zones are defined as areas where radiation must be restricted to minimize potential impact on radioastronomy operations or other facilities that are “highly sensitive” to interference. NPRM said changes under study would balance protection of quiet zones from interference. Facilities covered by notice include National Radio Astronomy Observatory site in Green Bank, W.Va.; Naval Radio Research Observatory in Sugar Grove, W.Va.; Commerce Dept. research labs in Boulder, Colo., and FCC field offices used for monitoring activities in 13 states. Initial staff report on 2000 biennial review indicated that current FCC quiet zone rules added “excessive” time to process of obtaining approval for some wireless facilities. Comments are due Jan. 22, replies Feb. 6.
One of top goals this year for NTIA’s Public Telecom Facilities Program (PTFP) is to ensure that its administrative procedures and funding “can support public television’s (PTV) needs in meeting the FCC’s” May 1, 2003, DTV signal broadcast deadline. House-Senate conference committee recently negotiated (CD Nov 14 p2) $42.5 million for PTFP, which helps fund public station planning and construction. House and Senate since have passed conference report (H.-Rpt. 107-278) on FY 2002 Commerce, Justice and State Depts. appropriations bill (HR-2500). NTIA published notice in Federal Register Tues. soliciting applications and announcing that several of program’s DTV policies enacted last year were being continued for FY 2002 grant cycle, such as giving higher priority to funding DTV conversion projects rather than DTV production equipment. Policy changes made since last year include creation of 3 “subpriority” levels for DTV conversion grants, which sets criteria for consideration based on needs of underserved vs. multi-PTV markets: “NTIA recognizes that meeting the FCC’s deadline is one of the greatest challenges facing America’s [PTVs]. Over 350 stations must overcome both technical and financial challenges in order to complete the conversion to digital broadcasting within the FCC’s timetable.” NTIA last year awarded $34.7 million to 52 DTV conversion projects, with individual grants ranging from $121,600 to $1.8 million. Broadband distance learning projects also are eligible for FY 2002 PTFP grants. NTIA said it encouraged proposals for “unique or innovative distance learning projects” that used digital technologies to benefit public: “All distance learning applications must address substantial and demonstrated needs of the communities being served. NTIA is particularly interested in distance learning projects which benefit traditionally underserved audiences, such as projects serving minorities or people living in rural areas.” Distance learning projects eligible for grants can use either broadcast or nonbroadcast facilities. NTIA in FY 2001 awarded $1.4 million for 5 projects from $34,560 to $549,715. Unrelated to distance learning, PTFP also provides funds to public stations for fiber, cable TV equipment and “apparatus necessary for the production, interconnection, captioning, broadcast or other distribution of programming.” Applications are due Feb. 5 (202-482-5802).
House Science Committee Chmn. Boehlert (R-N.Y.) said it was “especially important today” to provide full funding for Advanced Technology Program (ATP) of National Institute of Standards & Technology (NIST). ATP provides financial and technical support to R&D projects, not to product development, of various communications and high-tech industries. ATP would get $184.5 million under conference report (H.Rpt. 107-278) on FY 2002 Commerce, Justice and State Depts. appropriations bill (HR-2500) passed by House and Senate (CD Nov 19) last week. Sen. McCain (R-Ariz.), who cast lone vote against measure, described ATP as “welfare program for special corporate interests.” Boehlert said in extension of remarks that program was critical “in these difficult economic times, when the private sector is less willing to invest in new technology.” He said he was “disappointed” that conferees hadn’t included funding of NIST computer security and critical infrastructure protection programs as proposed in House report. Boehlert praised $200 million conference proposal for NOAA, which he said included sufficient funding of agency’s new polar satellite program, computer upgrades and National Weather Service supercomputers.
Intracompany technology license transfers and review of encryption export regulations are on agenda for Dec. 4 Bureau of Export Administration panel meeting. Regulations & Procedures Technical Committee will meet 9 a.m., Rm. 3884, Dept. of Commerce hq. Meeting includes closed session to discuss “strategic criteria” of U.S. export control program.