Congress has delayed hearings on 3G spectrum allocation because “Commerce Department is not ready” to unveil its game plan or make its case, House Telecom Subcommittee Chmn. Upton (R-Mich.) said May 11 at FCBA lunch in Washington. He said subcommittee had intended to hold hearings in April, but only Commerce official prepared for proceeding was Secy. Don Evans, “and he was out of the country.” Upton acknowledged necessity and difficulty of taking spectrum from Defense Dept. for commercial 3G use while simultaneously working to satisfy spectrum needs of military. Despite situation at Commerce Dept., he said he expects to begin hearings no later than mid-summer.
Getting support of Rep. Rohrabacher (R-Cal.) was important for chances of bill that would return satellite export controls to Commerce Dept. to clear Congress, officials said. Jim Lewis, dir., Center for Strategic and International Studies told us “getting Rohrabacher on is important for helping its chances” because of bipartisan co-sponsors. “I think that I have managed through my tenacity to pull Berman and the aerospace industry over to a policy that’s more responsible than the ones they were backing in the past,” Rohrabacher told us. Bill introduced May 3 by Rep. Berman (D-Cal.) and Rohrabacher would return satellite export controls from State Dept. to Commerce Dept., reversing action Congress approved in 1999 (CD May 7 p3), though State Dept. and Defense Dept. would have right to veto any license approval by Commerce for national security reasons.
Flurry of back-and-forth ex parte filings is continuing at FCC on 3rd generation wireless allocation issues. Catholic TV Network (CTN) took exception to contentions by Verizon Wireless that reallocating up to 60 MHz of Instructional TV Fixed Service (ITFS) spectrum for 3G wouldn’t harm incumbents. Verizon had argued segmentation of 2.5 GHz band occupied by Multichannel Multipoint Distribution Service (MMDS) and ITFS licensees would be possible. Verizon argued MMDS operators who lease ITFS spectrum have no long-term ownership rights. “Given the independent and interleaved nature of ITFS and MDS operations, it is simply ludicrous to argue that the Commission could reallocate the same 60 MHz of spectrum in every market with no adverse impact to incumbent licensees,” CTN said. Verizon comments “are simply another attempt to distract the Commission’s attention from Verizon’s true intention: to derail the deployment of a service that will directly compete with Verizon’s own DSL service.” Separately, in ex parte filing this month, Motorola outlined benefits of using 1.7 GHz band occupied by military for advanced wireless services. Company argued Dept. of Defense global training and operational requirements aren’t compatible with global use of 1710-1850 MHz band for commercial mobile services. Instead, filing said use of this band for 3G in U.S. would provide “global spectrum alignment.” Motorola said Commission shouldn’t pair 1710-1755 MHz with 2110-2150 MHz, in part because this would provide 85 MHz of spectrum, which isn’t enough to meet demand through 2010. Motorola said this pairing wouldn’t leave room for future growth using additional spectrum at 1755-1850 MHz. On issue of reimbursement of govt. users who relocate, Motorola acknowledged existing law guarantees reimbursement but it is subject to congressional authorization. Company advocated “streamlined process” that would identify costs before auction with “clear rights for both parties” and use of auction revenue to directly finance relocation. This plan also would allow federal users to modernize systems, Motorola said. Motorola contended DoD doesn’t have to vacate 1.7 GHz band altogether to make room for 3G. This could be averted by developing “system-by-system” solutions for accommodating govt. requirements and crafting solutions that would “consider realistic 3G requirements and DoD requirements,” Motorola said. How to attain global spectrum harmonization for 3G services was among issues that also emerged last week during European Institute roundtable on telecom and e- commerce in Washington. Veena Rawat, deputy director-gen. of spectrum planning and engineering for Industry Canada, said she was heartened that U.S. is considering 1.7 GHz for 3G because this would align with choice Canada has already made. “Before we talk about global harmonization we must harmonize with our neighbors here,” she said. Ruprecht Niepold, head of European Union’s mobile and satellite unit, also stressed importance of 3G harmonization, but said he expects more serious discussion about flexible spectrum allocation when attention turns to phasing out existing 2G services.
Senate Commerce Committee will hold confirmation hearing May 16 on Presidential nominations to Commerce Dept. and FTC., 9:30 a.m., Rm. 253, Russell Bldg., and confirmation hearing on FCC nominees, May 17, 9:30 a.m., Rm. 342, Russell Bldg.
Angered by U.S. agencies’ refusal to meet them this week, members of European Parliament (EP) committee investigating existence of global communications interception system said Thurs. they were cutting their trip short and returning home. EP Temporary Committee on ECHELON Interception System, which allegedly can intercept Internet, telephone and fax communications, has been looking into impact and structure of spy system and its function within association of English-speaking nations called UKUSA, Chmn. Carlos Coelho said at news conference at EP hq in Washington. One month ago, he said, committee’s chief of staff began scheduling meetings with congressional and Administration officials to discuss ECHELON. However, Coelho said, “we are concerned and dismayed that scheduled meetings with the State Department, with the Advocacy Center of the Department of Commerce [DoC] were cancelled at the last minute without a satisfactory explanation.”
Efforts to streamline process for Commerce Dept.-controlled satellite export licenses have hit snags, Commerce members said at Bureau of Export Administration (BXA) Advisory Committee meeting in Washington. Definition of “specially designed” equipment on export control list isn’t likely this year, said Tanya Mottley, BXA’s dir.-Strategic Trade Div. in Office of Strategic Trade & Foreign Policy Controls. “We have not had much success” trying to come up with acceptable definition for all countries in export control agreement, she said. “The more that we discuss it, the less likely we are” to reach agreement on definition this year, Mottley said. Committee didn’t discuss Berman-Rohrabacher bill that would return satellite export licensing controls to Commerce Dept. from State Dept. that Satellite Industry Assn. and Space Foundation endorsed (CD May 8 p7) or proposals to streamline export control process for U.S. allies. William Root, export control consultant, said export controls were “vestige of the Cold War.”
Satellite Industry Assn. (SIA) and Space Foundation announced support of bill by Reps. Berman (D-Cal.) and Rohrabacher (R-Cal.) that would return satellite export licensing authority to Commerce Dept. from State Dept (CD May 7 p3). Space Foundation Pres. Elliot Pulham said bill maintained “necessary and appropriate national security safeguards for sensitive technology” while addressing industry concerns over declining market share.
Security protections built into satellite export licensing reform bill would “ensure that sensitive technologies don’t end up in the hands of potential adversaries,” said Rep. Berman (D-Cal.), who on May 3 introduced bill with Rep. Rohrabacher (R-Cal.). Bill, which has undergone several revisions in recent months to address national security concerns of congressional hawks, would return satellite licensing jurisdiction to Commerce Dept. from State Dept. It also would create licensing referral process between Commerce Secy., secretaries of Defense and State, and dir. of CIA.
Intelsat and Eutelsat asked U.S. govt. to allow launch of satellites aboard Chinese Long March rockets early next year. However, both companies are preparing alternative plans in expectation that U.S. will deny permission. Both satellites were built by European companies but have American-supplied components. Meanwhile, industry sources and Bush Administration officials are offering different takes on issue. Satellite industry plans to monitor situation closely because of concerns about satellite component market because of tighter export controls. This marks first time U.S. has faced issue of dealing with U.S. components aboard non-U.S. satellite since export licensing was moved to State Dept. from Commerce Dept. 2 years ago.
Reps. Conyers (D-Mich.) and Cannon (R-Utah) introduced bills that under certain circumstances would prevent Bell companies from offering in-region interLATA services, regardless of whether companies satisfied market-opening provisions of Sec. 271 of Telecom Act. Legislation also would ensure that Telecom Act didn’t supersede antitrust provisions of Clayton Act, measure that supporters contended would help prevent “remonopolization” of Bell companies. Cannon said bills also would overturn Goldwasser v. Ameritech case (CD April 3 p5), in which 7th U.S. Appeals Court, Chicago, ruled that Telecom Act took precedence over antitrust law in telecom-specific matters.