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).
Intelsat said it postponed deadline to launch Astrium- manufactured APR-3 satellite that still hadn’t received presidential waiver it needed for launch aboard Chinese Long March rockets. Company declined to comment on status of launch, but probably would have statement before end of week, Vp-Corp. Services Tony Trujillo said. Both Intelsat and Eutelsat, which was to launch Alenia Spazio-manufactured Atlantic Bird-1 satellite aboard same rocket, said in May (CD May 4 p5) they were preparing alternative plans in expectation that U.S. would deny permission. Trujillo said no new deadline had been set and declined to comment on whether other launch options were being considered. Astrium spokesman said he thought waiver acquisition was taking longer because of April’s international spy plane incident in which 24 American servicemen and women were held in China for 12 days: “It obviously did not speed up the process… The people at the State Department were in no hurry to give an approval. I don’t think it’s an issue anymore, and the process is coming back on a more normal track.” Spokesman did say discussions were being held in attempt to obtain waiver, but “it would be difficult to get clearance before business on Capitol Hill resumes in September… The summer recess is the real issue.” This marked first time U.S. had faced issue of dealing with its components aboard non-U.S. satellite since export licensing was moved to State Dept. from Commerce Dept. 2 years ago. A recommendation from State Dept. to President is needed to secure proper export licenses. If President agrees to export, he submits plan to Congress for review. None of parties involved would comment on whether State had given recommendation and State declined to comment on any licensing issues. Space analyst said he would be very surprised if license wasn’t issued eventually because U.S. “wouldn’t want to make it more difficult to launch overseas… That would encourage European manufacturers to become more independent in every area of satellite manufacturing.” Analyst also said acquiring license had become more difficult since State Dept. had taken control of satellite exports: “Their priority is not allowing U.S. technology falling into the hands of the Chinese… I can’t imagine what technology on a satellite could be so sensitive that they could be so concerned from a security standpoint. Any one component that was so sensitive -- somebody would have uncovered it.”
Leonard R. Raish, 83, communications lawyer and international expert on spectrum matters, died Aug. 18 of natural causes in Alexandria, Va., Hospital. He received foreign service degree from Georgetown U. in 1939, law degree later from same school, and spent one career in Navy, retiring in 1969 as captain. He was in Office of Telecom Policy in White House (now NTIA in Commerce Dept.) 1969-1975, and was member of U.S. delegation to several international conferences, including vice chmn. of 1987 World Administrative Radio Conference in Geneva. Raish entered private law practice in 1975 and became partner in Fletcher, Heald & Hildreth in 1978. Wife, 2 sons, survive.
Potential interference from 3rd generation wireless base stations on defense satellites isn’t only issue to be resolved before govt. can relocate military spectrum for commercial use, Dept. of Defense (DoD) said. Deputy Asst. Defense Secy. Robert Nutwell said DoD agreed with General Accounting Office (GAO) report that more information was needed before govt. could safely reallocate 1755-1850 MHz band for 3G wireless Internet. However, while satellite issue is critical, he said, “it is just one of many that must be resolved before national decisions are made regarding the possible use of this band… DoD’s nonspace systems provide essential military capabilities and must be given equivalent attention in sharing, segmentation and relocation studies, as they have in the DoD report.”
Defense Information Systems Agency (DISA) confirmed Thurs. it had rescinded Global Crossing $450 million network contract, for which 4 rivals had mounted challenges at General Accounting Office (GAO) in recent weeks. Defense Dept. agency provided no details of why Defense Research & Engineering Network (DREN) contract was being revoked just one month after DISA had made award. Contract is largest from federal govt. that Global Crossing had received and company had said it would create “world’s largest, single contiguous fiber optic network” to link defense labs, test centers, universities and other sites. DISA action comes at time when Global Crossing has been beefing up its govt. contract operations. DISA wouldn’t elaborate on next steps, but one option appeared to be that it could accept new bids for network agreement, several sources said. Network is designed to securely connect DoD supercomputer users via virtual private network.
Revised land valuation proposal for fiber and other utility infrastructure projects in marine sanctuaries is nearing completion, NOAA source said. Agency’s National Ocean Service earlier this year (CD May 2 p4) sought comment on draft recommendation to sell 25-year cable permits in protected areas for up-front $125,000 per mile right-of-way fee. Source said transition to Bush Administration, in addition to industry complaints that first 15-day comment period was insufficient, were primary reasons that Dept. of Commerce reopened matter. He said Commerce was likely to set 45-day window for comments on revised plan, which differs from original, containing updated information on fair market value of marine sanctuary properties: “We want to make sure our economists have the latest data.” He said revised plan was in “final stages of clearance” and was being reviewed by gen. counsel’s office. NOAA probably will publish revision in Federal Register by Fri.
In signal that FCC may be moving toward taking MMDS and Instructional TV Fixed Service (ITFS) out of consideration for 3G, Chmn. Powell at Thurs. agenda meeting pledged Commission action by end of month on those bands. While saying he would move quickly, he didn’t spell out his position on whether MMDS and ITFS should be taken out of running for 3G. But Comr. Tristani felt strongly enough about need to have done that in further notice approved at meeting that she dissented in part from item on additional spectrum for advanced wireless services. She said her partial dissent was because notice didn’t take step now of removing MMDS and ITFS from consideration for potential relocation to make way for 3G services. Comr. Copps expressed “sympathy” for points raised by Tristani, and Comr. Abernathy reiterated her stance advocating need to provide certainty to those licensees by removing threat of relocation. While action addressing status of MMDS and ITFS spectrum has been put off for short time, FCC still approved further notice and separate notice of proposed rulemaking to examine other spectrum bands for advanced wireless uses (see separate story, this issue).
U.S. spectrum policy should move away from current “piecemeal” approach, particularly on upcoming 3G decisions, CTIA Pres. Tom Wheeler said Wed. At press lunch, he said current 3G discussions between industry and govt. presented opportunity to craft national spectrum policy plan that would look at timelines such as 5 to 10 years and be updated periodically. “What we have to break ourselves of is this piecemeal spectrum policy approach,” he said. With larger “pot” of spectrum on which to base decisions, policymakers would have more flexibility, he said. Asked about recent FCC decision to delay Ch. 60-69 auction and impact on 3G timelines, Wheeler said 700 MHz band was “potentially part of the solution because it provides alternatives for migration and other such developments.” He said “that’s beachfront property” with potential interest for Dept. of Defense. Overall uncertainty involving NextWave licenses takes 30 MHz of wireless spectrum off table now for any carrier to use, he said. Lauding attention that govt. players such as Commerce Dept. and FCC have paid to 3G decisions, Wheeler again called for Commission to eliminate spectrum cap to provide nearer term relief. “What is happening is pressure is building up… and there has to be this escape valve,” he said. After recent House and Senate hearings on 3G, discussions have continued with wireless industry and govt. at White House “involving all of the major players” in debate on how advanced wireless spectrum would be carved out, he said. As for carriers’ Enhanced 911 Phase 2 waiver requests, Wheeler stressed extent to which both public safety answering points (PSAPs) and wireless industry had to grapple with readiness. But he cited report that Assn. of Public-Safety Communications Officials estimated 10% of PSAPs involved Phase 1 complaint. Wheeler said that by contrast. all wireless carrier switches were Phase 1 ready. “What I have been trying to say to the PSAP community is we are going to be there, what are you going to do to ensure you will be able to take that latitude and longitude information and use it? I hope they come up with a plan,” Wheeler said. Separately, he touted early attendance and exhibitor figures for CTIA Wireless I.T. and Internet 2001 show in San Diego in Sept. Exhibitor registration figures are up 122% over last year, when 206 firms exhibited. Attendee preregistration also is running ahead of last year, he said. Wheeler said reported increases in IT spending and CTIA show figures point to uptick for wireless data industry. “We're starting to come out of the wilderness insofar as wireless data is concerned,” Wheeler said.