FCC Auction for 700Mhz Ends

Excerpt from PhoneScoop.com
The FCC 700 MHz auction came to an end this afternoon, after 38 days, 261 rounds, and $19.6 billion in bids. Of the five large blocks being auctioned off, spectrum licenses in the A, B, C, and E blocks reached their minimum bids. The D block, which was reserved for a nationwide public safety network, failed to reach the minimum bid and is being officially removed from the auction.

The FCC may attempt to sell it off again in a separate auction. The C block, which generated the most interest because it covers large portions of the U.S., reached its minimum bid early in the auction and has remained mostly stagnant since. The FCC will not disclose the names of the winners of the 1,099 licenses that were made available for up to 10 days.

FCC Suggests Framework for Regulating Violence on TV

Article from the AP / FOX News

Congress could regulate violence on cable, satellite and broadcast television without violating the First Amendment, the Federal Communications Commission said in a report released Wednesday. The report, which had been requested by Congress, contains suggestions for action by lawmakers, but it stops short of making specific recommendations.
A correlation exists between bloodshed on television and violence in real life, the commission said. Concluding that "exposure to violent programming can be harmful to children," FCC Chairman Kevin Martin wrote in a statement accompanying the report that "Congress could provide parents more tools to limit their children's exposure to violent programming in a constitutional way." Among those tools, Congress could require cable companies to sell their programming on a per-channel or family tier basis, rather than only in pre-bundled packages. As for broadcast television, the report cites Supreme Court precedent to suggest the agency could regulate violent programming much as it regulates sexual content and profanity — by barring it from being aired during hours when children may be watching. Or it could create a family-viewing hour. It also says that technology intended to help parents shield their children from objectionable programming, such as the V-chip, is inadequate.
The report indicates that Congress could develop a definition of excessively violent programming but that such language "needs to be narrowly tailored in conformance with judicial precedent." Martin has been joined in his push for cleaning up the airwaves by Democratic Commissioner Michael Copps, who wrote: "It is not an easy challenge to develop rules that pass constitutional muster, but given what amounts to a public health crisis at hand, I believe it is a challenge that must be met."
Word of the report, which has been circulating around the agency for months, has alarmed executives in the broadcast and cable industries as well as the American Civil Liberties Union (ACLU). Their concern is how the agency would define violent programming and what would qualify for sanction — for example, how violent news programming would be treated. Martin suggested Wednesday there may be a special exception for news, saying the context and content of the message should be considered.
The ACLU had harsh words for the report, calling the FCC's recommendations "political pandering," in a statement attributed to Caroline Fredrickson, the organization's director of its legislative office in Washington. "There are some things the government does well, but deciding what is aired and when on television is not one of them," she said.
Democratic Commissioner Jonathan Adelstein, while approving the report in part and concurring in part, said he was disappointed with it because of a lack of clarity. "We punted to Congress the difficult questions that Congress asked us to answer," he said, such as coming up with a definition for excessively violent programming.
The report was requested by a bipartisan group of 39 House members nearly three years ago and is well past its Jan. 1, 2005, due date. The lawmakers asked whether the FCC could define "exceedingly violent programming that is harmful to children." It also asked whether the agency could regulate such programming "in a constitutional manner." Sen. Jay Rockefeller, D-W.Va., said he will file legislation that may incorporate some of the commission's recommendations.

FCC to Reveal Spectrum Auction Plan

By Marguerite Reardon / CNet News
The Federal Communications Commission on Wednesday is expected to begin setting rules for one of the most important wireless spectrum auctions in the foreseeable future.
The new rules, which determine how to divvy up licenses and actually auction them off for the coveted 700MHz wireless band of spectrum, will likely shape the competitive communications market for decades to come, experts say.
The 700MHz band of spectrum, which has been used to provide analog TV service, is considered the last piece of prime real estate left in wireless spectrum. And mobile operators, as well as companies in other industries such as cable and satellite TV, are expected to bid on licenses. The auction is likely to generate between $10 billion and $15 billion in revenue for the government.
Since Congress decided in 1997 to re-auction the 700MHz spectrum used to transmit analog TV signals, communication policy makers have viewed this sliver of the airwaves as a panacea to all the nation's broadband-access problems. The reason is simple. By nature, on the 700MHz frequency band, signals travel about four times farther than those on bands used by the wireless and electronics industries today. Reusing that spectrum could mean easier and cheaper deployment of broadband networks, which should translate into more affordable and widespread high-speed Internet access for consumers.
For years, policy makers have argued that new regulation in the broadband market is unnecessary because new entrants could use the 700MHz spectrum licenses to cost-effectively build broadband services that will compete directly against the cable and phone company broadband duopoly. Others see the spectrum as a perfect way to fill holes in rural cellular phone coverage, because operators serving rural areas with this spectrum would cover more ground with fewer towers. And finally, the 700MHz spectrum could be used by new carriers that want to build 4G wireless networks, using technology such as WiMax, that will leapfrog 3G wireless services of today.

Giving new entrants a fair shot
With so much hope riding on this one sliver of spectrum, getting the rules of the auction right is essential. "This auction is incredibly important," said Harold Feld, senior vice president of Media Access Project, a nonprofit law firm representing a coalition of public interest groups before the FCC. "Pretty much everyone agrees this is the last big piece of spectrum to be auctioned off for the foreseeable future. And if you don't get the rules right, the existing players could control the auction and then nothing in our wireless broadband future will change. But if they do get them right, there is great potential for some dynamic innovation."
Congress has set a deadline of February 2009 to make the switch from analog to digital TV, freeing up the 700MHz band of spectrum. The FCC hasn't set an auction date yet, but under the Digital Television and Public Safety Act of 2005, it's required to start auctioning the remaining unsold spectrum by January 28, 2008. The auction will consist of 60MHz of spectrum in the 700MHz band. The government has also set aside about 24MHz of the analog spectrum for public safety purposes.
As the deadline to begin the auction approaches, consumer advocates have come out of the woodwork to ensure that new entrants get a fair shake in the auction. "The rules are important because they determine the winners of the auction," said Jeannine Kenney, senior policy analyst at Consumers Union.
Joe Farren, a spokesman for CTIA, an industry trade group representing the cell phone industry, agrees the spectrum auction rules are important. But he believes that no special parameters need to be implemented to protect new entrants. "The overall suggestion that the wireless market is not competitive is unsupported," he said. Farren added that wireless is also proving to be a strong competitor to traditional wire-line broadband services like cable modem and DSL service. "A February report from the FCC said that 59 percent of new high-speed access lines came from wireless," he said. "That statistic suggests that wireless is growing faster than cable or DSL combined. So there is already an alternative."
But critics point out that four of the nation's largest broadband providers also have a stake in a mobile wireless provider. This means that even if wireless broadband competes with fixed-line broadband, those services are likely provided by the same companies offering DSL or cable modem service. With the acquisition of BellSouth, AT&T now owns all of Cingular Wireless, making the new AT&T the largest wire-line telephone and cell phone operator in the country. Verizon Wireless is majority owned by Verizon Communications, which is the second-largest phone company in the nation. And Comcast and Time Warner, the No. 1 and No. 2 cable operators in the nation, respectively, are in a joint venture with the third-largest wireless operator in the country, Sprint Nextel.

Control by the incumbents?
Consumer advocates say some of these vertically integrated communications companies used the rules to manipulate the outcome of the most recent wireless spectrum auction. The Advanced Wireless Services auction, held in the summer of 2006, sold 90MHz of spectrum licenses in the 1710-1755 and 2110-2155MHz bands, which had been used by military and law enforcement. Many in the industry deemed the AWS auction a huge success, since it raised almost $14 billion for the government. On Monday the public-interest law firm Media Access Project issued a study analyzing the bidding history in the AWS auction. "Recent history with the AWS auction shows that large incumbent carriers were able to control the outcome of the auction," said Kenney of Consumers Union.
In the report, Media Access Project described how incumbent broadband carriers and mobile operators successfully blocked potential new competitors, including a consortium formed by satellite TV providers EchoStar and DirecTV. The way it worked was that several operators, like T-Mobile and Cingular Wireless, would target key bidders with "retaliatory" bids. And once the competitive bidder dropped out of the auction, most of these other bidders would also drop out of that auction, leaving only a couple of bidders.
Wireless DBS, which was formed by EchoStar and DirecTV, dropped out after the 11th round of bidding. And a group backed by the Dolan family, which controls Cablevision Systems, was also targeted and withdrew from bidding after 20 rounds. Meanwhile, SpectrumCo, the consortium formed by Comcast, Time Warner Cable, Cox Communications, Advance/Newhouse Communications and Sprint Nextel, won about 61 percent of the licenses on which it bid, according to Media Access Project. T-Mobile and Cingular, which also used this targeting tactic, also ended up with significant slivers of bandwidth from the auction, the report notes. "The blocking behavior was very targeted," Feld said. "And the fact that on most occasions once the new entrant dropped out of the bidding so did the other bidders indicates the purpose was to control the bidding process and block new entrants from amassing spectrum. And it worked."
Media Access Project along with several other consumer advocacy groups have formed a coalition, called Save Our Spectrum, to fight for new rules to protect new entrants in the bidding process. The group filed a proposal with the FCC earlier this month, which recommends, among other things, that the FCC adopt anonymous bidding to alleviate the issue of targeted bidding. "Anonymous bidding would help solve a lot of these issues," Feld said. "In particular, it would help new entrants seeking to build a national footprint." While open versus blind, or anonymous, bidding is likely to be hotly debated for the 700MHz spectrum, Feld said it isn't likely to be resolved during Wednesday's meeting. Instead he believes the commission will handle some of the most basic rules for the auction, such as establishing the geographic size of the licenses.
Companies looking to establish a nationwide footprint, such as the satellite TV providers, are likely pushing for fewer, larger licenses. Smaller licenses benefit rural carriers because they reduce the cost of the licenses, allowing smaller players--often companies already serving rural areas--to afford the price. They are also good for large operators, like AT&T and T-Mobile, that are looking to fill gaps in their coverage areas.
The FCC will likely offer a mix of large and small licenses, much like it did for the AWS auction that took place last summer, Feld predicts. He also predicts the commission will also seek public comment on a proposal submitted in late February by a company called Frontline Wireless, which wants the FCC to block off a 10MHz chunk of the 700MHz spectrum for companies interested in building a nationwide infrastructure to support a broadband network for public safety agencies. The licensee would also be required to allow open access, offering the spectrum to local public safety agencies on a wholesale basis.
"Wednesday represents the first cut on how the FCC will proceed and the general direction it will go for the auction," Feld said in his blog posted Tuesday. "Will it favor the incumbent push for large license blocks and open bidding? Will it allow the Frontline proposal to go forward?"

It's Official! Morse Code Requirement Ends Friday, February 23rd

Circle Friday, February 23, on your calendar. That's when the current 5 WPM Morse code requirement will officially disappear from the Amateur Radio Service Part 97 rules. After midnight on that date, applicants for a General or Amateur Extra class Amateur Radio license no longer will have to demonstrate proficiency in Morse code. They'll just have to pass the applicable written examination. The appearance in today's Federal Register of the FCC's Report and Order (R&O) in the "Morse code proceeding," WT Docket 05-235, starts a 30-day countdown for the new rules to become effective. Deletion of the Morse requirement -- still a matter of controversy within the amateur community -- is a landmark in Amateur Radio history.
"The overall effect of this action is to further the public interest by encouraging individuals who are interested in communications technology or who are able to contribute to the advancement of the radio art, to become Amateur Radio operators; and eliminating a requirement that is now unnecessary and may discourage Amateur Service licensees from advancing their skills in the communications and technical phases of Amateur Radio," the FCC remarked in the "Morse code" R&O that settled the matter, at least from a regulatory standpoint. The League had asked the FCC to retain the 5 WPM for Amateur Extra class applicants, but the Commission held to its decision to eliminate the requirement across the board. The R&O appearing in the Federal Register constitutes the official version of the new rules.
Until 1991, when a Morse code examination was dropped from the requirements to obtain a Technician ticket, all prospective radio amateurs had to pass a Morse code test. With the change the US will join a growing list of countries that have dropped the need to demonstrate some level of Morse code proficiency to earn access to frequencies below 30 MHz.
The new rules also put all Technician licensees on an equal footing, whether or not they've passed a Morse code examination. Starting at midnight on February 23, Technicians will gain CW privileges on 80, 40, 15 meters and CW, RTTY, data and SSB privileges on 10 meters. When the new rules go into effect, Technicians may begin using their new privileges without any further action.
On or after February 23, an applicant holding a valid Certificate of Successful Completion of Examination (CSCE) for Element 3 (General) or Element 4 (Amateur Extra) credit may redeem it for an upgrade at a Volunteer Examiner Coordinator (VEC) exam session. A CSCE is good for 365 days from the date of issuance, no exceptions. For example, a Technician licensee holding a valid CSCE for Element 3 credit would have to apply at a VEC test session and pay the application fee, which most VECs charge, in order to receive an instant upgrade to General.
ARRL Regulatory Information Specialist Dan Henderson, N1ND, cautions that a license upgrade is not automatic for those holding valid CSCEs for element credit. "You must apply for the upgrade at a VEC test session, and you may not operate as /AG or /AE until you have upgraded and have been issued a CSCE marked for upgrade," he stresses. "A valid CSCE for element credit only does not confer any operating privileges." Henderson also advises all radio amateurs to know and fully understand their operating privileges before taking to the airwaves. Some Technician licensees reportedly started showing up on 75 meters December 15 in the mistaken belief that they had gained phone privileges there.
The FCC R&O includes an Order on Reconsideration in WT Docket 04-140 -- the so-called "omnibus" proceeding. It will modify Part 97 in response to ARRL's request to accommodate automatically controlled narrowband digital stations on 80 meters in the wake of other rule changes that became effective last December 15. The Commission designated 3585 to 3600 kHz for such operations, although that segment will remain available for CW, RTTY and data. The ARRL had requested that the upper limit of the CW/RTTY/data subband be set at 3635 kHz so there would be no change in the existing 3620 to 3635 kHz subband.
The ARRL has posted all relevant information on these important Part 97 rule revisions on its "FCC's Morse Code Report and Order WT Docket 05-235" Web page.

End of an Era: FCC to Drop Morse Testing for All Amateur License Classes

Article by the ARRL.org

In an historic move, the FCC has acted to drop the Morse code requirement for all Amateur Radio license classes. The Commission adopted, but hasn't yet released, the long-awaited Report and Order (R&O) in WT Docket 05-235, the "Morse code" proceeding. The FCC also has adopted an Order on Reconsideration in WT Docket 04-140 -- the "omnibus" proceeding -- modifying the Amateur Radio rules in response to an ARRL request to accommodate automatically controlled narrowband digital stations on 80 meters in the wake of rule changes that became effective December 15. The Commission designated the 3585 to 3600 kHz frequency segment for such operations, although the segment will remain available for CW, RTTY and data as it has been.
So far, the FCC has only issued a public notice and not the actual orders detailing the rule changes. The effective date of both orders is not yet known, but it appears likely at this point that it will be sometime in February. Currently, Amateur Radio applicants must pass a 5 WPM Morse code test to operate on high frequency (HF). The FCC's action will eliminate that requirement all around.
"This change eliminates an unnecessary regulatory burden that may discourage current Amateur Radio operators from advancing their skills and participating more fully in the benefits of Amateur Radio," the FCC said. The ARRL had asked the FCC to retain the 5 WPM for Amateur Extra class applicants only. The FCC proposed earlier to drop the requirement across the board, however, and it held to that decision. The FCC's action in WT Docket 05-235 will grant limited HF privileges to all Technician licensees, whether or not they've passed a Morse code examination. Once the R&O goes into effect, all Technician class license holders will be able to enjoy current "Tech Plus" HF privileges in addition to their current VHF/UHF privileges. The FCC said the R&O in the Morse code docket would eliminate a disparity in the operating privileges for the Technician and Technician Plus class licensees -- something the ARRL also has asked the Commission to correct following the release of its July 2005 Notice of Proposed Rule Making (NPRM) in WT Docket 05-235.
"With today's elimination of the Morse code exam requirements, the FCC concluded that the disparity between the operating privileges of Technician class licensees and Technician Plus class licensees should not be retained," the FCC public notice said. "Therefore, the FCC, in today's action, afforded Technician and Technician Plus licensees identical operating privileges."
Technician licensees without Element 1 credit currently have operating privileges on all amateur frequencies above 30 MHz. Technicians with Element 1 credit (ie, "Tech Plus" licensees) have limited HF privileges on 80, 40, 15 and 10 meters. Under the Part 97 rules the Commission proposed last year in its NPRM in WT Docket 05-235, current Technicians lacking Morse credit after the new rules went into effect would have had to upgrade to General to earn any HF privileges. Privileges will remain the same for Novice, General, Advanced and Amateur Extra class licensees.
Typically, the effective date of a FCC order comes 30 days after its publication in the Federal Register. If that's the case, the new exam requirement and the revised 80-meter segment for automatically controlled digital stations would likely not go into effect until sometime in February, 2007. At the time the rule changes adopted in the R&O are published in the Federal Register, the effective date also will become known (it is included in the Federal Register summary). In any event, the new rules will not go into effect anytime before they show up in the Federal Register.
The FCC has clarified that there will be no changes in the administration of Amateur Radio examination elements and in granting a Certificate for Successful Completion of Examination (CSCE) for General and Extra class until the new rules go into effect. CSCEs are only valid for examination credit for 365 days from date of issuance; applicants cannot use CSCEs older than that to upgrade. Volunteer Examiner Coordinators (VECs) will handle all upgrades through volunteer examiner teams.
Candidates for General or Amateur Extra testing between now and the effective date of the new rules will still have to pass Element 1 (5 WPM Morse code) to obtain new privileges. Those earning Element 3 or Element 4 credit between now and the effective date of the new rules will receive a CSCE from the VE team. Once the new rules are in place, anyone holding a valid CSCE may apply for an upgrade at a VE examination session and will have to pay the $14 fee.
The wholesale elimination of a Morse code requirement for all license classes ends a longstanding national and international regulatory tradition in the requirements to gain access to Amateur Radio frequencies below 30 MHz. The first no-code license in the US was the Technician ticket, instituted in 1991. The question of whether or not to drop the Morse requirement altogether has been the subject of often-heated debate over the past several years, but the handwriting has been on the wall -- especially since the FCC instituted an across-the-board 5 WPM Morse requirement effective April 15, 2000, in the most-recent major Amateur Radio licensing restructuring (WT Docket 98-143).
The FCC said the R&O in WT Docket 05-235 will comport with revisions to the international Radio Regulations resulting from the International Telecommunication Union (ITU) World Radiocommunication Conference 2003 (WRC-03). At that gathering, delegates agreed to authorize each country to determine whether or not to require that applicants demonstrate Morse code proficiency in order to qualify for an Amateur Radio license with privileges on frequencies below 30 MHz. The list of countries dropping the Morse requirement has been growing steadily since WRC-03. A number of countries, including Canada, the UK and several European nations, now no longer require applicants for an Amateur Radio license to pass a Morse code test to gain HF operating privileges. Following WRC-03, the FCC received several petitions for rule making asking it to eliminate the Morse requirement in the US. The ARRL will provide any additional information on these important Part 97 rule revisions as it becomes available.

PERSONAL NOTE: I passed the General Test in September, 2005 (at the Shelby Hamfest) in hopes that the NPRM for WT Docket 05-235 would be issued prior to September, 2006. Looks like I was a few months early -- and will need to pass the exam again. BUT, that's a good reason to start studying again! This ruling will likely mean a huge boon for amateur radio -- one that is sorely needed.