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SUGRUE MAY ADDRESS CPP, 911 ISSUES BY SUMMER

WASHINGTON-The previously announced Wireless Day at the Federal Communications Commission will occur June 10, said Thomas Sugrue, chief of the FCC’s Wireless Telecommunications Bureau.

“I am hopeful that (the agenda) will be devoted entirely” to wireless issues, Sugrue said, noting other bureaus may want to have issues voted on during the open meeting.

The announcement came during Sugrue’s first press conference since assuming the WTB helm. “The initial phase-in has taken place, and now we are looking at our plans for the next year or so,” he said.

Dismissing criticism that having a Wireless Day was gimmicky, Sugrue defended the day, noting that substantive issues would be addressed. Sugrue also admitted having a specific date for wireless issues to be brought before the commission helped in managing both the internal and external activities of the wireless bureau.

Sugrue would not specifically identify items to be voted on at the June meeting, but he did name some issues he considers to be ripe between now and the FCC’s meeting in July.

Calling party pays

FCC Chairman William Kennard announced his support for calling party pays in February when he spoke to CTIA’s Wireless ’99 trade show.

CPP is similar to long-distance toll calling where the person placing the call to a wireless subscriber pays for the call rather than the wireless subscriber. CPP is the norm in some countries, while American carriers traditionally have required the subscriber to pay all charges related to mobile phone usage.

The Cellular Telecommunications Industry Association petitioned the FCC to allow nationwide CPP, claiming it would increase competition and wireless phone use. There are several trial programs under way.

Sugrue said industry representatives and market analysts have been split over whether CPP’s time already has come and gone in the United States, but noted, “In my mind that is not a reason to not go forward … if it is the greatest thing since sliced bread, the marketplace will take over. If it isn’t, it will fade away … We’re interested in letting carriers have a shot.”

The CPP notice of proposed rule making will deal with a number of issues, including customer notification.

Competitive networks

As part of WTB’s implementation of Kennard’s competition agenda, Sugrue announced the FCC will put out an NPRM discussing barriers to wireless and wireline competition. This item is to be known as the competitive networks item. A key issue to be examined is rooftop access.

James Schlichting, WTB deputy bureau chief, who also participated in the press conference, said competitive networks represent a combination of responding to specific concerns-such as the reconsideration petitions filed by WinStar Communications Inc. and Teligent Corp.-and identifying barriers to competition. Schlichting noted there would need to be coordination with other FCC bureaus, but said the item would focus on wireless issues so WTB would have the lead. The item would not deal with wireline competition issues, he said.

The thorny question of whether the FCC or the states have jurisdiction over wireless-when-it-acts-like-wireline will not be included in this item, Sugrue said. Connected with this is Western Wireless Corp.’s request that the FCC give the states guidance in defining which types of carriers qualify for eligible telecommunications carrier status (and thus, universal-service-support subsidies). FCC Commissioner Harold Furchtgott-Roth has been adamant this is a states-only issue as dictated by the Telecommunications Act of 1996.

911

Implementation issues dealing with 911 and enhanced-911 also could be addressed during this time frame, Sugrue said. These include an item addressing the strongest/adequate signal petition for completing calls to 911 emergency operators, and implementation issues for Phase I and Phase II mandates.

Other candidates

WTB also hopes to resolve outstanding issues regarding implementation of its Universal Licensing System, Sugrue said.

The trunking issues that were not dealt with in the recent refarming order should be addressed during the Wireless Day window, he said.

And, finally, the FCC should establish service rules for commercial uses of spectrum made available from the digital conversion of TV channels 60-69.

CALEA

What does not appear to be specifically teed up for Wireless Day is issuing rules implementing the digital wiretap act. These rules should be released sometime this summer, Sugrue said, but he did not vocally react when reminded that Kennard told congressional appropriators earlier this year CALEA would be finished by the end of June.

The FCC has been moderating a dispute between the telecommunications industry and law enforcement over technical standards to implement the Communications Assistance for Law Enforcement Act of 1994.

The backlog

On the issue of the infamous licensing backlog, Sugrue deflected criticism that perhaps WTB was sweeping too many issues off the table without careful consideration of their policy implications. “We really do a disservice when we let things hang around … to not decide is to decide.”

Sugrue said he remembers the most frustrating thing he dealt with as a private attorney was not getting the FCC to make a decision because it stalls the entire process.

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