FCC Wireless Bureau is seeking comments on request for expedited waiver from Nextel subsidiary FCI 900 for 5-year construction period for 900 MHz major trading area (MTA) licenses. Nextel asked for extension of deadline from Aug. 12, 2001, to Aug. 12, 2004, for all 900 MHz MTA licensees. Commission rules require MTA licensees to provide coverage to at least 2/3 of population within 5 years of license’s being granted. One option for licensees is that they can demonstrate that they are providing substantial service. Nextel has told Commission that it needs waiver because equipment isn’t yet available to integrate 900 MHz MTA licensed spectrum into existing national 800 MHz iDEN (Integrated Digital Enhanced Network). Equipment won’t be available by Aug. 12 construction deadline. Nextel also said it planned to deploy 900 MHz pico cell technology to address coverage gaps and alleviate certain kinds of interference between its 800 MHz commercial operations and adjacent 800 MHz public safety communications systems in July. Nextel told agency that deployment of that technology would be delayed if it had to build analog 900 MHz systems to meet Aug. 12 construction deadline. Bureau is taking comments on waiver requests through Feb. 1, with replies due Feb. 8. Nextel is seeking expedited consideration of request because if it doesn’t get extension, it will have to order analog equipment in time to provide required coverage by existing deadline. Neoworld Licensing Holdings, which plans to deploy national 900 MHz digital dispatch system, is seeking similar waiver of 5-year construction period. Neoworld is seeking extension until Dec. 31, 2002, citing timelines needed for equipment delivery, testing, deployment.

TruePosition filed lawsuit in U.S. Dist. Court, Wilmington, Del., alleging that SigmaOne Communications had infringed on 3 patents related to TruePosition’s network-based wireless location systems. TruePosition is seeking unspecified damages and injunction that it says would bar SigmaOne from further infringing on patents. Suit focuses on 3 TruePosition patents that address location on wireless network control channel, combining processed location signal with collateral information and locating phones with several location techniques.

U.S. Trade Representative (USTR) Charlene Barshefsky said U.S. and European Union (EU) had put in place agreements designed to reduce barriers to nearly $30 billion in annual transatlantic trade of telecom and electronic products. Mutual recognition agreement sectoral annexes eliminate duplicative product testing requirements. USTR said that under agreement, EU regulators would recognize certificates issued by designated labs in U.S. that equipment they had evaluated met EU requirements, and vice versa. USTR said that will allow U.S. manufacturers to export products to EU without additional certifications and tests. “This landmark step facilitates electronic trade in many telecommunications and information technology products by improving market access, reducing costs and shortening the time required to market certain U.S. products in the EU,” Barshefsky said. Mutual recognition agreement annexes on telecom equipment cover terminal equipment, such as radio transmitters and information technology equipment. Annex on electromagnetic compatibility covers equipment subject to EU and U.S. radio interference and compatibility requirements.

Pacific Bell and Verizon are warning Cal. customers that they need to ensure state’s rolling electric blackouts don’t knock out home and office telephone systems. Although network switching and transmission systems have backup power sources, companies are cautioning that most cordless phones, answering machines and multiline phone systems in homes and offices won’t work without utility power. Companies urged customers to get at least one basic telephone that doesn’t require external power, or make sure they have backup power source for their phones and an extra charged-up battery for their mobile phones.

Speculation about replacement for FCC Chmn. Kennard continues. Among latest rumors: (1) One telecom source speculated Thurs. that Bush might name Republican Comr. Powell interim FCC chairman while also appointing Texas PUC Chmn. Pat Wood to Commission. Under this scenario, Powell would eventually move to high antitrust enforcement post in administration, allowing Wood to take over as FCC chairman. Besides role in Dept. of Justice, source said, Powell could become new FTC chairman, replacing Clinton appointee Robert Pitofsky. Source also speculated that Republican Comr. Furchtgott-Roth would leave Commission soon, opening another seat for Bush nominee. (2) Another source said one of FCC’s Democratic seats may be filled by Ivan Schlager, former Democrat staff dir. on Senate Commerce Committee and now at Skadden, Arps, at request of Sen. Hollings (D-S.C.), ranking minority member of Committee.

PBS won’t be affected by threatened strike on production of programming this spring (CD Jan 17 p6) because it has its guild agreements in place, Pres. Pat Mitchell told recent PBS executive session in Pasadena. Answering question, she said she didn’t want PBS or “anyone else to benefit from a strike, which is going to be a hardship for everyone.” PBS Vp-Programming (West) Coby Atlas said many independent producers worked through PBS individual stations, which have union agreements, “and so they can write for us. People have expressed gratitude, actually, that they can work for us during the strike, but we certainly don’t want to benefit from somebody else’s hardship.”

At our deadline, FCC was trying to act on SBC’s Sec. 271 application for long distance entry in Okla. and Kan., but not all commissioners had voted. Deadline for FCC decision is Wed. but FCC Chmn. Kennard has said he wanted to complete action before he leaves today (Jan. 19). One industry source said there was possibility FCC would approve one state but not other.

Utah Gov. Mike Leavitt (R) called for collaboration between state’s telecom carriers and its “professional communities” to encourage high-tech companies to locate in state. In his “State of the State” address, he also called for coordinated efforts to bring all of state’s communities into “New Economy” by expanding high-speed telecom services in rural areas, announced formation of new “Utah/Silicon Valley Alliance” to acquaint new entrepreneurial startups with advantages of locating in Utah, called for state- funded bonuses of up to $20,000 for teachers of advanced technology and math skills who commit to staying at least 4 years in Utah high schools. He also announced associated life-style- oriented initiatives addressing education, housing, water and open space.

Bill introduced in Ark. House (HB-1229) would ban use of handheld mobile phones by drivers of moving vehicles except for calls to 911 or those made by emergency service personnel. Drivers would be allowed to use hands-free phone models while on road. There would be only warning without penalty on first offense, with $50 fine for subsequent offense.

Don’t hold your breath for FCC release of reciprocal compensation order because there’s nothing circulating right now, Comr. Furchtgott-Roth told reporters Thurs. at his monthly breakfast meeting. He said “outside parties” usually knew more than he did but this was exception: “I've never seen an item where the outside is more out of touch than reciprocal compensation. There isn’t an item being circulated. It was pulled back ages ago. It ain’t happening this week.” Furchtgott- Roth also said he was “cautiously optimistic” that “change in Administration will lead to improvements at the Commission,” such as toning down FCC’s merger review role. FCC chairman is “very powerful position relative to other agencies” because of its “CEO function,” Furchtgott-Roth said. In that role, chairman can “initiate new programs or stop discretionary programs.” Merger review is one of those discretionary programs because FCC doesn’t have statutory requirement to review mergers, other than acting on license transfers, he said. He said he didn’t anticipate deadlocks if agency ended up with 4 commissioners, split 2-2 on party lines. FCC rarely divides on party lines to begin with, he said. “A lot is made about partisan divisions but I don’t see it.” He again criticized FCC for “collusion with the FTC” because staff of 2 agencies worked together on some aspects of review of AOL takeover of Time Warner. Each agency has its own mandate in reviewing such transfers and it’s “very improper” to coordinate those reviews, he said.