Kerrisdale Capital Management again said results of Jarvinian's testing for Globalstar’s proposed terrestrial low-power service (TLPS) are inadequate and misleading. Testing by Allion shows that TLPS “could reduce the capacity of nearby unlicensed networks by as much as 60 or 70 percent,” Kerrisdale said in an ex parte filing posted Friday in docket 13-213 (http://bit.ly/1vTP4Vj). Engineering simulations also call into question the actual range of TLPS, it said. Independent simulations demonstrate that TLPS will never be able to match the throughput and capacity of a competently designed network “utilizing the many available 5 GHz band channels available today for free,” it said. Kerrisdale urged the FCC to consider the tests conducted by Allion as it assesses Globalstar’s request.
Under a Title I regime, consumer and business usage of the Internet has tripled over the past five years according to Cisco analysis, USTelecom President Walter McCormick said in a letter to FCC Chairman Tom Wheeler (http://bit.ly/1tRynL9). “Given these growth projections and the success the nation has enjoyed under a Title I environment, we urge the Commission to avoid any proscriptive regulatory policy that would threaten future investment and innovation,” McCormick wrote. “Proponents of extreme measures, such as Title II reclassification of broadband, have not provided evidence to indicate that investment and traffic growth would be better under Title II, or that the entire sector -- edge, content, and broadband -- could be any more vibrant under Title II than it has been under the current longstanding Title I regime.”
The FCC Office of Engineering and Technology sought comment Thursday on a proposal by Adaptrum for a test of fixed TV white space devices with antennas higher than current limits in FCC rules. Adaptrum proposed the test in a rural area in northeast Maine near the Canadian border, OET said. OET said it's reviewing the request but would welcome public comment. The Silicon Valley startup has already released two generations of white spaces devices (http://bit.ly/1wrZTfi). Comments are due Nov. 24; replies Dec. 9.
Dish Network again said Comcast's planned buy of Time Warner Cable presents serious competitive concerns for the broadband and video markets and should be denied. The combined company would control half of the broadband pipes in the U.S. that have speeds of at least 25 Mbps, Dish said Thursday in an ex parte filing in docket 14-57. The company also “will be on a path to virtual dominance of the high-speed broadband market” because it will pass close to 70 percent of pay-TV households, it said. If the deal is approved, the company would offer only a single over-the-top service, “or perhaps forego altogether launching a nationwide OTT service, thus depriving consumers of important competitive choices,” it said. No conditions “would remedy the serious competitive harms posed by this merger,” Dish said. The filing pertained to meetings with several FCC staff, including from the Media Bureau, Chairman Tom Wheeler’s office and Commissioner Jessica Rosenworcel.
T-Mobile representatives stressed the importance of quick action on its May petition seeking clarity on data roaming rules, in a meeting with FCC staff. T-Mobile asked for a declaratory ruling containing guidance and “predictable” enforcement criteria for determining whether terms of data roaming agreements meet the “commercially reasonable” standard adopted in a 2011 data roaming order (see 1408220055). “Action is needed now, as new data roaming agreements -- many of which are replacing legacy agreements negotiated prior to release of the Data Roaming Order -- are being negotiated across the industry,” T-Mobile said. An ex parte filing by the carrier was posted Thursday in docket 05-265 (http://bit.ly/1FKb8WG). Many of the agreements "include 4G/LTE data roaming for the first time, and additional guidance is essential for carriers to expedite the negotiation of commercially reasonable agreements,” T-Mobile said.
AT&T isn't concerned about the FCC Media Bureau decision Wednesday to stop the shot clock on its review of the telco's plan to buy DirecTV (see 1410220058), AT&T Chief Financial Officer John Stephens said Wednesday on a call with analysts. “We’re still optimistic about the transaction,” Stephens said. “The stopping of the clock is not an uncommon or rare experience and it has something to do with other issues than the benefit of our deal or the merits of our deal.” AT&T still anticipates approval of the deal in the “originally announced one year kind of time frame,” he said. The companies unveiled the deal in May. AT&T earnings came in at 63 cents per share in Q3, a penny below analyst estimates, the carrier said. Net income fell 21 percent from the same quarter last year on higher operating expenses. Revenue was $32.9 billion in the quarter, a 2.5 percent increase over the previous year. Wireless made up 56 percent of total revenue, AT&T said. Headed into the AWS-3 auction, AT&T reported $3.5 billion in free cash flow. The company added 785,000 postpaid subscribers, more than twice as many as in Q3 last year. Connected device net adds were 1,275,000, which includes more than 500,000 connected cars, AT&T said (http://soc.att.com/1t70QuJ).
Dozens of education groups, including local and state boards of educations, urged the FCC to increase E-rate funding, in an Oct. 16 letter (http://bit.ly/1vNh1xX) to commissioners, posted Tuesday in docket 13-184. “A sustainable, well-funded E-rate program is critical to ensuring educational opportunity and success for every student and library patron as we look to bolster the nation’s economic competitiveness,” the letter said. The groups said the “influx of learning devices in classrooms and libraries has increased demands on networks. Yesterday’s connectivity speeds simply do not meet the needs of today’s students and library patrons. Efficient and dynamic classrooms and libraries need high-speed connectivity, and they need additional E-rate support to deliver it. E-rate must possess sufficient resources to ensure that all students and patrons can gain access in schools and libraries to the high speed broadband they need to excel in school and beyond.” The letter was silent on how funding should be increased and whether the agency should expand the USF contribution base.
The FCC released the broadband infrastructure order approved by the agency last week (see 1410170048). The FCC said the order (http://bit.ly/1rqlBvN) takes into account a “technological revolution” that has changed the wireless landscape. “The Commission’s current rules for deploying infrastructure were drafted at a time when antennas were huge and bolted to the top of enormous towers,” it said. “While that kind of macrocell deployment still exists and will continue to exist, there are now a variety of complementary and alternative technologies that are far less obtrusive.” Distributed antenna system and other small-cell deployments “use components that are a fraction of the size of macrocell deployments, and can be installed -- with little or no impact -- on utility poles, buildings, and other existing structures,” the order said.
Tuesday’s net neutrality forum in College Park, Texas, allowed the FCC to hear voices that weren’t heard during the agency's series of workshops on the issue, including those of smaller ISPs, Commissioner Ajit Pai told us after the event (see 1410210049). Representatives of ISPs had said during the panel that they could not handle Communications Act Title II's administrative burdens if the agency takes that path, and that dealing with high demands require network management. Members of the public, unlike during the workshops held at FCC headquarters, were able to speak at the forum at Texas A&M University, added Pai, who sponsored the event. Many who testified complained about a lack of choice in ISPs and the quality of service. Pai did not explicitly oppose a Title II approach when talking to us, but reiterated his past statements that FCC actions on net neutrality should not undermine “the business case” for deploying more broadband. Pai was the only commissioner at the forum. An aide to Commissioner Jessica Rosenworcel noted the commissioner had attended a Sept. 4 net neutrality forum convened by Rep. Doris Matsui, D-Calif., in Sacramento (see 1409250037).
There's “no sound reason” to allow LECs receiving Connect America Fund Phase II support to not serve specific locations in unserved areas and instead serve locations in partially served areas, NCTA Vice President-Associate General Counsel Jennifer McKee told FCC Wireline Bureau officials Oct. 17, according to an ex parte filing (http://bit.ly/1DAN8mL) posted Tuesday in docket 10-90. If the agency allows the flexibility, the burden should be on the LECs to show the specific locations they want to serve in the partially served areas that aren't being served, the American Cable Association said at the same meeting. LECs should also not be excused from serving all areas in an unserved Census block for which they're receiving CAF support, said Ross Lieberman, ACA senior vice president–government affairs, and Kelley Drye’s Thomas Cohen, counsel to ACA. CenturyLink and USTelecom had said they would be willing to support providing faster broadband speeds under CAF if granted the flexibility (see 1409100036).