Wireless Wave - Spring 2008 - (Page 36)

▼ ▼ LEGS, REGS, AND WIRELESS noted the Commission’s failure to comply with several requirements of the Administrative Procedure Act. The petitioners argued that the Commission failed to provide adequate notice of its intention to impose a mandatory eight hour back-up power rule on all cell sites. Petitioners further demonstrated that the back uppower rule, which is unsupported by record evidence, undermines the goal of emergency preparedness. The petitioners asked the DC Circuit, among other things, to vacate those portions of the Katrina Order adopting the back-up power rule. On February 28, 2008, granted a Motion by Sprint Nextel Corporation asking the Court to stay the effectiveness of the Commission’s emergency back-up power rules. As a result, the back-up power rules will not take effect until after the DC Circuit has completed its review of the appeal. CTIA Files Comments in Response to FCC’s Commercial Mobile Alert System Notice of Proposed Rulemaking On February 19, 2008, CTIA filed reply comments in response to the FCC NPRM seeking comment on proposals to establish a Commercial Mobile Alert System (“CMAS”) that would enable commercial wireless providers to elect to transmit emergency alerts to subscribers. In the original Order (November 8, 2007), the FCC granted T-Mobile and Sprint Nextel’s joint petition seeking clarification of the Commission’s LNP rules. Specifically, the Commission agreed with Petitioners and clarified that providers may not hinder the porting process by demanding from the port- ing-in entity information in excess of the minimum information needed to validate the customer’s request. The Commission concludes that LNP validation should be based on no more than the following four fields for simple ports: (1) 10-digit telephone number; (2) customer account number; (3) 5-digit zip code; and (4) pass code (if applicable). In its comments, CTIA urged the Commission to expeditiously adopt the recommendations of the Commercial Mobile Service Alert Advisory Committee (“CMSAAC” or “Committee”) in their entirety. CTIA emphasized the importance of several of the CMSAAC’s conclusions. Specifically, CTIA agreed with the Committee that geo-targeting should be initially limited to the county level and that the FCC should delay consideration of incorporating multiple languages into the CMAS until technology has further evolved. CTIA further advocated for cost recovery by wireless providers for the implementation of CMAS as well as adequate flexibility to determine the form and content of customer notifications. CTIA also urged the Commission not to overly regulate the process through which subscribers may terminate service based on CMAS participation. CTIA believes the CMSAAC’s recommendations should be promptly adopted to give wireless providers sufficient time to opt-in or opt-out of the CMAS. Finally, CTIA stressed that the FCC’s authority to develop a commercial mobile service alert system lies solely in the WARN Act, in which wireless carrier participation is voluntary. A well-reasoned solution should be reached by all stakeholders through the WARN Act process. FCC Announces Plans for Testing Prototype Television White Space Devices On January 24, 2008, the FCC began a second phase of laboratory bench testing (“Phase II”) on the performance of prototype devices that would operate in the unused portions of the broadcast television bands (“white spaces”). In conjunction with the Commission’s proceeding to consider authorization of low power devices in the unused portions of the white spaces, the Commission is conducting a test program to assess the prototype devices’ interference potential and to establish appropriate technical requirements. Phase I testing of early prototype devices was completed in July 2007 and will be transparent and open to observation by any interested parties. The Phase II bench testing is expected to last between four and six weeks. The Commission anticipates field testing to begin immediately after the conclusion of the bench testing period. FCC Adopts Order Deferring the Streamlined Local Number Portability Implementation Deadline On February 5, 2008, the FCC adopted an Order waiving the February 6, 2008 deadline to comply with the Commission’s local number portability (“LNP”) validation requirements. In the Order, the Commission granted a request from Embarq to defer compliance with the Commission’s declaratory ruling that validation for LNP requests should be based on no LEGS, REGS, AND WIRELESS W ir e l e s s W a v e 36

Table of Contents Feed for the Digital Edition of Wireless Wave - Spring 2008

Wireless Wave - Spring 2008 Contents A Letter from Our Chairman A Letter from Our President Pryor Approval The Promise of M-commerce Moving Targets Foreign Service Multiple Choice Legs, Regs, and Wireless Wireless News The Supplier’s Voice CTIA Welcomes New Members Index of Advertisers Roaming with….

Wireless Wave - Spring 2008

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