Washington Monitor
Volume XVIII, No. 5 April 5, 2010

In This Issue:

• RCA FILES COMMENTS IN SUPPORT OF 700MHz BLOCK “A” PURCHASERS ALLIANCE PETITION FOR RULEMAKING

• FCC ANNOUNCES IMPORTANT TENTATIVE AGENDA FOR APRIL 21^ST OPEN MEETING

• UPCOMING REGULATORY DEADLINES

RCA FILES COMMENTS IN SUPPORT OF 700 MHz BLOCK “A” PURCHASERS ALLIANCE PETITION FOR RULEMAKING

On March 31, 2010, RCA filed comments in support of the Petition for Rulemaking filed by the 700 MHz Block “A” Good Faith Purchasers Alliance (“Alliance”).  The Petition for Rulemaking raised serious issues regarding the ways in which decisions concerning the development and production of mobile devices are impinging upon the effective use of spectrum in the Lower “A” Block of the 700 MHz band to bring affordable broadband service to rural consumers.

In its comments, RCA urged the FCC to initiate a rulemaking proceeding to investigate these issues and take necessary action to ensure the protection and promotion of its policies for promoting competition and bringing mobile broadband to rural America. RCA noted in its comments that decisions by the 3GPP industry standards-setting body establishing band classes for 700 MHz spectrum, coupled with purchasing decisions for 700 MHz mobile devices being made by Verizon Wireless and AT&T, are threatening to make it economically infeasible for small rural and regional wireless carriers to utilize their Lower “A” Band spectrum to deploy broadband in unserved and underserved rural areas throughout the country. 

RCA stated that certain band classes adopted by the 3GPP standards-setting body have been tailored solely to accommodate the business plans of Verizon Wireless and AT&T for their use of 700 MHz spectrum, but are also impeding the development of mobile devices that are operable in the Lower “A” Block and in other paired commercial frequencies in the 700 MHz band.  Although one of the band classes (Band Class 12) is intended for mobile devices that are operable in the Lower “A” Block and in the Lower “B” and “C” Blocks, RCA demonstrated that the large carriers have shown no interest in pursuing the development or use of this equipment and that it is infeasible for small rural and regional carriers to order Band Class 12 mobile devices in sufficient quantity to make the devices affordable for their customers.  RCA explained that the result of these developments is that the Lower “A” Block spectrum available for use in rural areas is on the brink of being orphaned, even though small rural and regional carriers have invested heavily in the spectrum and have developed aggressive plans to bring high-speed broadband to rural consumers.

RCA stated that if the FCC does not act to forestall this outcome, the result will be to endanger the agency’s policies for using 700 MHz spectrum to help close the gap between mobile broadband availability in rural and urban areas, and to provide investment opportunities for small rural and regional carriers that have led the way in bringing mobile broadband to rural areas.  Rather, the utilization of 700 MHz spectrum will follow the blueprints of the large wireless carriers’ business plans, which give little priority to deploying broadband in unserved and underserved rural areas.

In challenges to the Alliance’s rulemaking petition, the nation’s largest carriers and a couple of manufacturers have asserted that the band classes developed by the 3GPP standards-setting body have been driven by technical issues that, in part, are a product of the FCC’s 700 MHz licensing plan, and that mobile devices being produced by equipment manufacturers for use in the 700 MHz band reflect the practical choices made necessary by these technical constraints.  In attempting to make this case, however, some of these same parties generally concede that these technical problems, that supposedly preclude development of equipment that operates across paired commercial frequencies in the 700 MHz band, are not insurmountable.

See In the Matter of 700 MHz Mobile Equipment Capability Petition for Rulemaking Regarding the Need for 700 MHz Mobile Equipment To Be Capable of Operating on All Paired Commercial 700 MHz Frequency Blocks, Comments of Rural Cellular Association, RM-11592 (filed Mar. 31, 2010).

FCC ANNOUNCES IMPORTANT TENTATIVE AGENDA FOR APRIL 21^ST OPEN MEETING

The FCC’s agenda for its next scheduled open meeting on April 21^st is scheduled to include several items that will be of interest to RCA and its members, including:

• Universal Service Fund Reform Notice of Proposed Rulemaking and Notice of Inquiry: Described as a Notice of Proposed Rulemaking that proposes common-sense reforms to the existing high-cost support mechanisms to identify funds that can be refocused toward broadband, and a Notice of Inquiry that seeks comment on the use of a model to determine efficient and targeted support levels for broadband deployment in high-cost areas.

• Mobile Roaming Order and Further Notice of Proposed Rulemaking: Described as an Order implementing rules to ensure the availability of reasonable automatic roaming arrangements for voice service and a Further Notice of Proposed Rulemaking seeking comment on roaming arrangements for mobile broadband services.

• Survivability Notice of Inquiry: Described as a Notice of Inquiry seeking comment on the present state of survivability in broadband networks and potential measures to reduce vulnerability to network failures.

• Cybersecurity Certification Notice of Inquiry: Described as a Notice of Inquiry seeking comment on whether the Commission should establish a voluntary program under which participating communications service providers would be certified by the FCC or a third party for adherence to cybersecurity objectives and/or practices.

UPCOMING REGULATORY DEADLINES

• April 7, 2010 – Comments due on Petition for Declaratory Ruling Regarding Interpretation of Section 332(c)(3)(A) of the Communications Act, as Applied to Fees Charged for Late Payments, Public Notice, WTB Docket No. 10-42, DA 10-264 (rel. Feb. 19. 2010).

• April 8, 2010 – Reply comments due on FCC “Net Neutrality” Notice of Proposed Rulemaking proposing six enforceable “net neutrality regulations applicable to providers of broadband Internet access services.  See Preserving the Open Internet; Broadband Industry Practices, Notice of Proposed Rulemaking, GN Docket No. 09-191, WC Docket No. 07-52, FCC 09-93 (rel., Oct. 22, 2009).

• April 13, 2010 – Reply comments due on FCC’s Second Notice of Proposed Rulemaking proposing to amend the FCC’s Part 11 rules governing the Emergency Alert System (EAS) to provide for national testing of the EAS and collection of data from such tests.  See In the Matter of Review of the Emergency Alert System, Second Further Notice of Proposed Rulemaking, EB Docket No. 04-296, DA 10-11 (rel., Jan. 14, 2010).

• April 30, 2010 – Comments due on Petition for Rulemaking filed by “Lower 700 MHz Block A Good Faith Purchaser Alliance” asking the FCC to require that all mobile units for the 700 MHz band be capable of operating over all frequencies in the band and to implement a freeze on the authorization of mobile equipment not capable of operation on all paired commercial 700 MHz frequencies.  See Wireless Telecommunications Bureau Seeks Comment on Petition for Rulemaking Regarding 700 MHz Band Mobile Equipment Design and Procurement Practices, RM No. 11592, DA 10-278 (rel., Feb. 18, 2010).

• May 7, 2010 – Reply comments due on Petition for Declaratory Ruling Regarding Interpretation of Section 332(c)(3)(A) of the Communications Act, as Applied to Fees Charged for Late Payments, Public Notice, WTB Docket No. 10-42, DA 10-264 (rel. Feb. 19. 2010).

• May 10, 2010 – Comments deadline on FCC’s Notice of Proposed Rulemaking proposing changes to its procedural and organizational rules to improve case management and to enhance the efficiency, openness and transparency of its proceeding.  See In the Matter of Amendment of Certain of the Commission’s Part 1 Rules of Practice and Procedure and Part 0 Rules of Commission Organization, Notice of Proposed Rulemaking, GC Docket No. 10-44, FCC 10-32 (rel. Feb. 22, 2010).

• May 10, 2010 – Comment deadline on FCC’s Notice of Proposed Rulemaking proposing changes to FCC’s ex parte rules.  See In the Matter of Amendment of the Commission’s Ex Parte Rules and Other Procedural Rules, Notice of Proposed Rulemaking, GC Docket No. 10-43, FCC 10-31 (rel. Feb. 22, 2010).  Comments are due 45 days after publication of Notice of Proposed Rulemaking in the Federal Register.

• May 21, 2010 – Comment deadlines on FCC’s proposed revisions to its telemarketing “Robocall” rules.  See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Notice of Proposed Rulemaking, CG Docket No. 02-278, FCC 10-18 (rel., Jan. 22, 2010).

• June 8, 2010 – Reply comment deadline on FCC’s Notice of Proposed Rulemaking proposing changes to its procedural and organizational rules to improve case management and to enhance the efficiency, openness and transparency of its proceeding.  See In the Matter of Amendment of Certain of the Commission’s Part 1 Rules of Practice and Procedure and Part 0 Rules of Commission Organization, Notice of Proposed Rulemaking, GC Docket No. 10-44, FCC 10-32 (rel. Feb. 22, 2010).

• June 8, 2010 – Reply comment deadline on FCC’s Notice of Proposed Rulemaking proposing changes to FCC’s ex parte rules.  See In the Matter of Amendment of the Commission’s Ex Parte Rules and Other Procedural Rules, Notice of Proposed Rulemaking, GC Docket No. 10-43, FCC 10-31 (rel. Feb. 22, 2010).  Comments are due 45 days after publication of Notice of Proposed Rulemaking in the Federal Register.

• June 21, 2010 – Comment deadlines on FCC’s proposed revisions to its telemarketing “Robocall” rules.  See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Notice of Proposed Rulemaking, CG Docket No. 02-278, FCC 10-18 (rel., Jan. 22, 2010).

The Washington Monitor is published by the Rural Cellular Association (RCA). The Washington Monitor is not intended to provide legal or business advice and may, despite good intentions, contain errors and omissions.

Disclaimer: RCA members should determine the applicability of all Federal Communications Commission rules and policies, as well as other information contained herein, to their own operations and consult their own counsel as may be appropriate. RCA assumes no responsibility for errors or omissions in The Washington Monitor.

© 2010 Rural Cellular Association