Senate DTV legislation will be released to the public Oct. 19 when it’s sent to the Senate Budget Committee as part of the budget reconciliation process, Commerce Committee Chmn. Stevens (R-Alaska) told reporters Thurs. Most committee staff said they haven’t seen a draft of the bill, though Stevens said last week that he would begin circulating a draft to members. “We're not releasing the text because it’s part of the budget process and we're not supposed to deliver until the 19th. So you'll see it on the 19th,” Stevens told reporters.

The FCC is likely to set performance rules for broadband radio service (BRS) and educational broadband service (EBS) licensees in the 2.5 GHz band at its Oct. 12 meeting, several sources said. It’s also expected to act on 20 petitions to reconsider a June 2004 ruling revising rules for ITFS and MDS operators in the 2495-2690 MHz band. The items could still fall off the agenda, given the FCC’s recent hurricane-related focus, some speculated. The FCC also is circulating a rulemaking on BRS relocation for channels 1 and 2. The latter is expected to be addressed in circulation.

Senate leadership set Oct. 26 as the new deadline for budget reconciliation, which puts DTV legislation back on track for consideration while giving lawmakers time to deal with funding for Hurricane Katrina. Senate Commerce Committee Chmn. Stevens told reporters Tues. he plans to meet with members the next day or 2 to brief them on DTV matters. In the House, Commerce Committee Chmn. Barton is still working on his bill. Sources said progress is being made on controversial provisions.

To ensure “reasonable sharing” of the 2496-2500 MHz band by BRS and unlicensed (Part 18) industrial, scientific and medical (ISM) operators, the Wireless Communications Assn. (WCA) Fri. submitted a revised proposal to the FCC. The new document aims to “eliminate any legitimate concern from the microwave oven vendors,” which opposed the original WCA request to protect BRS licensees from interference due to ISM operations. ISMs now need “at least a week to formalize the position and response to the proposal,” said a spokeswoman for the Assn. of Home Appliance Manufacturers (AHAM), which represents microwave oven manufacturers.

In carrying out the Commercial Spectrum Enhancement Act (CSEA) and changing its bidding rules, the FCC should ensure that it doesn’t jeopardized the timing and outcome of the advanced wireless service (AWS) auction, the wireless industry told the FCC. That message was clear as wireless carriers commented on rule changes needed to implement CSEA.

NextWeb said it backs a Wireless Communications Assn. (WCA) position that “at least some of the 3650 MHz band be allocated to licensed spectrum.” Departing from a stance taken by Part-15 Organization (Part-15.org) -- one of the largest entities representing small wireless ISPs (WISPs) -- NextWeb said it “is finding it increasingly difficult to maintain reliable operations in the license-exempt bands,” despite frequency coordination efforts by the group Broadband Access Network Coordination (BANC). WCA wants the FCC to create two 25 MHz blocks licensed on an MSA/RSA basis. Both of the 25 MHz blocks in MSAs would be auctioned for exclusive use, the trade group said. So would one of the RSA blocks. The other RSA block would be made available under the FCC’s nonexclusive licensing regime, it said. WCA’s licensing plan calls for applying the FCC’s designated entity bidding credit rules and prohibiting package bidding. Part-15.org said it could back the proposal -- but only after many of its concerns are addressed (CD Aug 26 p7). “While Part-15.org certainly is entitled to its position, WCA’s WISP members are actively seeking exclusive-use spectrum,” WCA Attorney Paul Sinderbrand told us: “NextWeb’s filing is just the latest evidence that many of the more successful WISPs are abandoning their reliance on shared spectrum in favor of the certainty that comes with exclusive use licensing.” NextWeb, one of the largest operators in the license- exempt spectrum in the U.S. was a founding member of BANC, launched to coordinate unlicensed frequency usage among unlicensed WISPs in the San Francisco Bay area.

In an attempt to get small wireless ISPs (WISPs) to support exclusive licensing in the 3.6 GHz band, the Wireless Communications Assn. (WCA) revised its earlier proposed licensing regime. The new, primarily exclusive licensing plan, offers “sufficient interference protection and ensures that rural WISPs and others have access to spectrum,” WCA told the FCC late Wed. But smaller WISPs don’t seem to be impressed, saying many of their concerns should be addressed before they can support the proposal.

The FCC Mon. posted 2 GHz comments filed after our Tues. deadline that included submissions by CTIA, T- Mobile, Sprint Nextel, Sirius, Inmarsat, Globalstar and SkyTerra (CD Aug 17 p4). CTIA again argued that Mobile Satellite Services (MSS) licensees TMI/TerreStar and ICO haven’t proven they need more spectrum. And because the MSS licensees have said they would use the extra spectrum they seek for terrestrial ATC operations, CTIA said, the FCC should reallocate spectrum to terrestrial use and auction it: “Reallocating abandoned spectrum to flexible, terrestrial use and making the spectrum available at auction avoids unjust enrichment, creates a level playing field, and ensures the spectrum will be put to its highest and most effective use for the benefit of the public.” Further, CTIA said, the spectrum should be reallocated because it should be made available to systems that are operational; the MSS systems vying for it won’t be operational until 2007 and 2008. Sprint Nextel agreed, saying competitive bidding is the answer to the question of what to do with the extra 13.3 MHz of spectrum: “Market forces, not government regulators, will best decide what services consumers want.” Sprint Nextel also said the spectrum shouldn’t go to the MSS licensees for the homeland security reasons they've offered: “TMI does not explain what these homeland security wireless applications are, when -- if ever -- it will deploy them, or how these services would differ from the low-cost and extensive suite of services that commercial terrestrial carriers offer today without billions of dollars in new spectrum subsidies.” T-Mobile said it needs the spectrum to be a competitive wireless provider. In the last year, the ranks of nationwide wireless providers have shrunk from 6 to 4, T-Mobile said: “In an environment of increasing wireless consolidation, mid-sized and smaller wireless providers such as T-Mobile need additional spectrum to effectively compete in the mobile telephony market.” T-Mobile said the 2 GHz spectrum would be ideal for Advanced Wireless Services (AWS), since it could be used “easily in conjunction with the J block (or other PCS/AWS bands) or on a stand-alone basis.” MSS competitor Inmarsat said it’s well-qualified to deploy a 2 GHz MSS system, and that the commission should have at least 3 MSS competitors at 2 GHz. Providing for 3 MSS competitors instead of 2 would “ensure that the MSS industry will have the opportunity to play a vital role in the wireless broadband revolution,” Inmarsat said. MSS competitor Globalstar also said it wants to deploy a 2 GHz system, again asking for an FCC decision on the status of its 2 GHz application, which it said was “erroneously cancelled” in 2003. Sirius said MSS and terrestrial wireless both have enough spectrum to satisfy current demand. The commenters “fail to present a public interest reason to bestow additional spectrum to any mobile telephony service,” Sirius said, declaring it would use the spectrum for video and broadband offerings and telematics. SkyTerra, with ownership interests in TerreStar, and ICO advocated granting the 2 GHz spectrum in its entirety to ICO and TMI/TerreStar.

The FCC said Auction 63 of multichannel video distribution and data service (MVDDS) licenses will occur Dec. 7. Besides announcing procedures and minimum opening bid amounts, the FCC said an auction seminar will take place Sept. 28, with a mock auction Dec. 5. Short-form applications (FCC Form 175) will be accepted Sept. 28-Oct. 7, with upfront payments due Nov. 7, the agency said. Auction 63 will offer 22 MVDDS licenses in the 12 GHz band that remained unsold in Auction 53, which closed Jan. 27, 2004. Each license will authorize use of one block of unpaired spectrum in the 12.2-12.7 GHz band. MVDDS licenses may be used to provide any digital fixed one-way non-broadcast service, including direct-to-home/office wireless service, the FCC said. MVDDS providers will share the 12.2-12.7 GHz band on a co-primary basis with NGSO FSS and on a non-harmful interference basis with incumbent DBS providers, it said.

The FCC at its meeting Fri. modified the advanced wireless services (AWS) band plan, and licensing and service rules for the 90 MHz of spectrum at 1710-1755 MHz and 2110-2155 MHz. The action came in response to petitions for reconsideration, filed by 5 parties, of the original AWS service rules adopted in 2003. The Commission also denied a Council Tree petition asking the agency to change its designated entity (DE) rules, but committed to launching an NPRM soon to examine whether it should limit the access of DEs that partner with large wireless carriers to bidding credits in this and other auctions.