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Bidders in latest FCC auction start talking

Companies bidding in the Federal Communications Commission's 700MHz spectrum auction are starting to talk.

The gag order that silenced those participating in the FCC's auction that ended last month was lifted late Thursday. Now companies are free to discuss their plans and strategies for bidding in the auction.

Verizon Wireless plans to use its newly won wireless spectrum licenses in the 700MHz auction to deliver 4G services, CTO Tony Melone told the wireless news site Unstrung.

Verizon Wireless paid nearly $10 billion for licenses in the C block, which are subject to a special FCC rule that requires … Read more

Mobile operators avoid potential regulation

Updated 12:30 p.m. PDT with comment from the Open Internet Coalition.

LAS VEGAS--It seems mobile operators have dodged a regulatory bullet by promising to open up their networks on their own.

On Tuesday, Federal Communications Commission Chairman Kevin Martin said he was rewarding U.S. wireless operators for their efforts to open up their networks by not pushing for more regulation.

During a keynote address here at the CTIA tradeshow, Martin said he is going to circulate an order among the FCC commissioners to dismiss Skype's petition to apply Carterfone rules to the wireless industry. The Carterfone … Read more

Verizon to the FCC: Make cable play nice

Verizon Communications is asking the Federal Communications Commission to force cable operators to streamline their process for allowing people to switch video providers.

In its petition with the FCC filed on Wednesday, Verizon said that cable operators require customers to contact them directly when they want to cancel service, which often leads to more work for the new video provider and confusion for the consumer.

By contrast, the phone companies have been required to have procedures in place that enable a new provider to submit a voice disconnection order on behalf of the consumer.

"This significantly complicates the process … Read more

Dish Network may be eyeing mobile TV biz

Could satellite TV provider Dish Network be planning to build a mobile TV service with its newly won 700Mhz spectrum?

That's the question that many analysts were asking after it was disclosed this week that the company, also known as EchoStar Communications, spent $711 million for a block of licenses in the auction that is ideal for offering mobile broadcast TV, according to a Reuters story.

The much-talked about auction ended Tuesday raising about $19.6 billion for the government. Wireless carriers AT&T and Verizon Wireless won the bulk of the spectrum.

The licenses that Dish bought … Read more

Consumer watchdogs push for FCC auction investigation

Consumer watchdog groups and some lawmakers want to know why the block of spectrum reserved for public safety in the Federal Communications Commission's 700 MHz auction didn't hit its reserve price.

On Wednesday, a coalition of nine consumer advocacy groups, including the Consumer Federation of America, Consumers Union and the Media Access Project, sent a letter to the chairman of the FCC asking the agency to investigate whether the public safety requirements for "d" block license were too stringent. The groups also want the FCC to study whether plans for the shared public-private network are even … Read more

Verizon wins 'open access' licenses in FCC auction

It's official: Verizon Wireless has won licenses for nationwide coverage in the C-Block in the 700MHz spectrum auction conducted by the Federal Communications Commission.

This means that Verizon, not Google, will control the spectrum that is required by the FCC to adhere to special open-access rules.

Google had lobbied the FCC last summer to include several rules in the 700MHz spectrum auction that mandated open access. The FCC adopted only one of Google's proposed rules, which requires the winner to allow any device or application to connect to a network that uses this spectrum.

Google made good on … Read more

Practicing the prior art is not a defense

"How can we possibly infringe this patent--we're just doing what people have done for years." This familiar refrain is what's known in the patent law as the practicing the prior art defense. But, other than a narrowly defined exception for business methods, the "practicing the prior art defense" has been squarely rejected by the courts. See Tate Access Floors Inc. v. Interface Arch. Res. Inc., 279 F.3d 1357 (Fed. Cir. 2002). Why do the courts reject such a seemingly reasonable argument?

To begin with, the fact that one is practicing the prior art … Read more

FCC bans exclusive telephone service deals in apartment buildings

WASHINGTON--Residents of apartment and condominium buildings will have to be allowed a choice among telephone providers serving their area, thanks to new rules adopted Wednesday by federal regulators.

The Federal Communications Commission order, which passed unanimously, prohibits telecommunications companies from inking exclusive deals with multi-unit buildings that are primarily residential. It also throws out any exclusive contracts that already exist.

The action builds upon the FCC's move last fall to ban exclusive deals for cable and Internet TV companies in apartment buildings. It also extends a 2000 FCC order that banned exclusive contracts for telephone service in non-residential "… Read more

FCC plans broadband hearing at Stanford, after all

This post was updated at 9:08 a.m. PDT to add some remarks about the hearing from FCC Chairman Kevin Martin.

Those zany regulators at the Federal Communications Commission sure like to keep us guessing.

A few weeks ago, FCC Chairman Kevin Martin told reporters that he wasn't planning a follow-up hearing at Stanford University on "network management" issues raised in large part by Comcast's slowing of BitTorrent file-sharing traffic.

Sure, rumors on the blogosphere had suggested otherwise, but Martin brushed them aside, saying they may have started because he was planning to speak to an Internet law confab at its law school. (… Read more

Assessing success in the FCC's 700MHz auction

News.com's Anne Broache co-wrote this report.

The Federal Communications Commission generated $19.6 billion in the 700MHz spectrum that ended Tuesday, but the true success of the auction will take months or even years to assess.

There's no question that the auction, which began on January 24, was a monetary success for the government--it raised a record $19.6 billion in 261 rounds of bidding. During a conference call with reporters Tuesday after the bidding closed, FCC Chairman Kevin Martin said the 700MHz auction was the most successful auction the agency has ever conducted, raising more money than all previous auctions put together, excluding the Advanced Wireless Services, or AWS, auction in 2006.

"The $19.6 billion generated by the auction nearly doubled congressional estimates of $10.2 billion," Martin said. "All other 68 auctions conducted by the FCC in the past 15 years collectively generated a total of only $19.1 billion in receipts. Even with open-platform and aggressive build-out obligations, each of these blocks sold for more than AWS-1 blocks with comparable bandwidth and license areas."

Despite the obvious financial success of the auction, it will be a long time before it's clear whether the FCC was successful in achieving some of its broader policy goals, such as creating a more open wireless marketplace and a nationwide interoperable public safety wireless network.

The 700MHz spectrum has long been considered the last bit of beachfront wireless real estate left in the air. The spectrum, which is being vacated by the switch to digital TV in 2009, is considered valuable because of inherent properties that allow it to propagate over long distances and penetrate walls. Some experts believe the spectrum is ideal for offering robust, affordable wireless broadband services.

The spectrum auction attracted a broad range of companies, including nontraditional players such as Internet search giant Google and wireless technology provider Qualcomm. Traditional phone companies Verizon Wireless and AT&T were also interested in getting their hands on the spectrum.

Trying a new approach As part of its rule making for this auction, the FCC tried something new. It set specific rules for two of the five blocks of wireless spectrum. For the C block, it established rules that require license winners to build a network allowing any device to operate on it. The C block reached its threshold of $4.6 billion in only 17 rounds of bidding, triggering this open-access rule. But the D block, set aside to build a nationwide public-safety network, did not meet its reserve price.

Google, which had pushed for open-access rules for some of the spectrum, was bidding on the open-access C-block licenses. But Rebecca Arbogast, a principal telecommunications analyst with Stifel Nicolaus, said she wouldn't be surprised if Verizon Wireless, and not open-access proponent Google, takes home that slice of spectrum. (Google had committed to bidding up to $4.6 billion, but the final price for that block was $4.75 billion, according to FCC figures released Wednesday.)

"When it finally came time to go into the auction, I think they (Google) were pretty firm about wanting to enforce the open-access conditions as much as it could be enforced, but also being firm on not really being interested in becoming a network operator," she said. "I think they were a willing loser."

Why open access matters The open-access requirement is significant because today, U.S. wireless operators have tight control over which devices can be used on their networks and which applications can be used on those handsets. Google and other companies, such as Skype, have complained that this is too restrictive.

Verizon, which has traditionally been the most strict operator in the U.S. about what it lets on its network, recently said it would allow non-certified devices on its network. On Wednesday, the company is hosting a developer conference in New York where it's expected to reveal details of the first version of specifications for these new open-access devices for its network.

If Verizon Wireless is the winner of the C-block licenses, it will likely include this spectrum in its open-access plans. But until details about the actual service plan are revealed, it's difficult to say just how serious Verizon is about open access. If the service is priced too high or customers find that buying their own handsets is too expensive, the whole notion of an open-access network could be moot.

Still, Chairman Martin said on the conference call with reporters Tuesday evening that he was pleased the auction had prompted the open-access rules to take effect.

"With the open-platform requirements on one-third of the spectrum, consumers will be able to use the wireless device of their choice on those networks and download whatever software or applications they want on it," he said. "The open platform will help foster innovation on the edge of the network, while creating more choices and greater freedom for consumers to use the wireless devices and applications of their choice."

Another slice of the spectrum called the D block was set aside to build a nationwide network for public-safety operators. But that segment didn't attract the FCC's $1.3 billion reserve price. In fact, it didn't attract any bids beyond the $472 million opening bid.

Stifel Nicolaus's Arbogast said she thought a combination of factors caused the lackluster bidding on the D block, including lack of certainty over what was expected of the public-safety network that had to be built, and general tightening of capital markets.… Read more