The FCC refused to change significantly 2-year-old rules to open new spectrum in the 3650-3700 MHz band to wireless broadband, using a new light regulatory hand. The decision was a loss for the WiMAX Forum, Intel, Alvarion, the Wireless Communications Assn. and other high tech players that wanted at least some of the 50 MHz offered on a licensed basis, most likely for WiMAX.
The International Trade Commission Thurs. voted to bar the importation of Qualcomm chipsets and circuit board modules or carriers containing them, on grounds that they infringe Broadcom patents. But in a partial win for Qualcomm and U.S. carriers concerned about the effect on the rollout of 3G networks, the ITC said it will keep allowing devices based on models imported into the U.S. through Thurs. “The Commission found that an order excluding all downstream products would impose great burdens on third parties, given the limited availability of alternative downstream products not containing the infringing chips,” the ITC said: “The Commission determined that barring importation of downstream products, with an exemption for certain previously imported models, will substantially reduce the burdens imposed on third parties while affording meaningful relief to the patent holder.” An ITC judge last year sided with Broadcom and recommended an outright ban. In March, the ITC held an unusual 2-day hearing to take testimony on a remedy. Public safety groups and wireless industry players testified in Qualcomm’s behalf, citing harms of a ban. During a panel discussion Thurs. at the Broadband Summit, Kathleen Ham, managing dir. of regulatory affairs for T-Mobile, said a ban would have been very bad for carriers, since much of their equipment contains Qualcomm chips. “We're a little behind in terms of launching UMTS,” she said: “To do that, we need handsets. We're watching this case very closely.” Said Stifel Nicolaus: “Our preliminary assessment is that this is bad news for Qualcomm and its wireless carrier customers, because they revise and turn over their handset models rapidly.”
Clarity Media asked the FCC to overturn a Media Bureau decision barring it from offering short-range, low-power TV in the 2025-2110 MHz band at Flying J truck stops nationwide. In a petition for reconsideration, Clarity called the Bureau’s may application denial “unbalanced and spectacularly flawed.” Attorneys for Clarity told us the service is a model for spectrum efficiency, operating at power levels below 0.5 w.
The American Antitrust Institute (AAI) called on regulators to reject the XM-Sirius merger. The think tank provides merger evaluations unusual for their independence. It has opposed other mergers, including AT&T-BellSouth. AAI said “the applicants have not met their heavy burden of demonstrating that the proposed merger is in the public interest… In particular, they have not demonstrated that the rationale for the Commission’s 1997 rule forbidding a monopoly in the satellite Digital Audio Service (DARS) has been undermined by subsequent developments.”
The FCC approved the applications of Qualcomm to expand its MediaFLO service in 6 U.S. markets, including the key markets of N.Y., L.A. and Chicago. In each case, Qualcomm had to work out agreements with local broadcasters since expected interference will be slightly higher than the levels allowed by the FCC last Oct. in a waiver order (CD Oct 13 p3).
The FCC said in a rulemaking on E-911 location requirements all carriers -- GSM and CDMA -- likely will be required to meet the same accuracy standards. The text of the rulemaking also says the Commission believes it has the authority to order carriers to meet tougher testing requirements proposed by the Assn. of Public Safety Communications Officials, but is seeking comment anyway “out of an abundance of caution.” The FCC approved the item (CD June 1 p2) last Thurs., but released the text late Fri.
Sprint Nextel asked an administrative law judge to throw out an FCC ruling that the carrier must replace NPSPAC- capable radios in Tazewell County, Ill., in the 800 MHz rebanding. The Tazewell case has been among the most prominent disputes between Sprint and a licensee. The attorney for Tazewell told us Fri. the case shows why the FCC erred this week in denying that Sprint should have to pay postmediation litigation costs.
Better filters are helping to keep wireless spam from reaching Verizon Wireless subscribers, the company said Fri. The carrier last week filed suit in federal court in N.J., complaining that Nev.-based I-VEST Global and “John Does” sent wireless spam to Verizon customers. Thanks to spam filters and network monitoring, fewer than 5,000 of the 12 million pieces of spam sent were delivered, a company release said. “In some of the previous cases there were millions of messages getting through to handsets,” a Verizon Wireless spokesperson said: “In this case, we were able to prevent millions of messages from getting through.”
The FCC Thurs. approved a rulemaking proposing that wireless carriers be required to improve their systems so they can more accurately locate subscribers who make 911 calls. The FCC also began an examination of whether carriers should have to report by PSAP, rather than by statewide averaging, how they perform in reaching emergency callers rather than through statewide averaging. PSAP reporting is more lenient and is favored by carriers. The Commission is also examining requirements for VoIP providers.
Sprint was among 5 firms picked for the $20 billion GSA Networx Enterprise contract, a turnaround for a company shut out of the agency’s larger Universal competition in March (CD March 30 p1). AT&T, Level 3, Qwest and Verizon also are in on the 2nd big federal contract program, to provide voice, IP, wireless, satellite and IP services to 135 agencies.