11/13. The Federal Communications Commission (FCC) announced, but did not release, a Report and Order to provide an additional 255 MHz of spectrum for unlicensed wireless devices operating in the 5 GHz region. The FCC issued only a short press release [2 pages in PDF] summarizing its action.

The main use of this spectrum will likely be 802.11 (Wi-Fi) and Bluetooth devices. The additional spectrum will be in the 5.470-5.725 GHz band. It would be available for use by unlicensed National Information Infrastructure (U-NII) devices, including Radio Local Area Networks (RLANs), operating under Part 15 of the FCC's rules.

Currently, there is a total of 300 megahertz of spectrum allocated for U-NII devices, in the 5.150-5.250 GHz, 5.250-5.350 GHz and 5.725-5.825 GHz bands.

The FCC release states that "The additional available spectrum for U-NII devices will enable continued growth and innovation in wireless broadband services, including services offered by wireless internet service providers (WISPs). WISPs use unlicensed devices to provide a broadband alternative for rural and underserved areas. Although they are a relatively nascent industry, their deployment rates have been increasing rapidly."

While the release states that this addition spectrum will benefit "broadband", nothing in the release, or the separate statements of Commissioners, states that use of this spectrum is restricted to broadband.

Commissioner Kathleen Abernathy (at right) wrote in a separate statement [PDF] that this "spectrum that has the potential to be used for broadband networks".

She continued that "the true key to achieving Congress's objective of a deregulatory and procompetitive framework lies in moving beyond duopoly towards a world where multiple facilities-based providers compete in the broadband arena. Last week’s Rural WISP forum demonstrates that unlicensed wireless technology is tremendously valuable in promoting the core statutory goals of broadband deployment and facilities-based competition."

Chairman Michael Powell wrote in a separate statement [PDF] that "Wireless broadband is increasingly a reality in the marketplace. As demonstrated by our recent WISP forum, making more spectrum available for this important application will foster facilities based broadband competition and significantly advance the public interest. Moreover, additional unlicensed spectrum was a key recommendation of the Spectrum Policy Task Force. Today we deliver on the promise."

On May 15, 2003, the FCC announced its NPRM. See, story titled "FCC Adopts NPRM to Increase Unlicensed Spectrum" in TLJ Daily E-Mail Alert No. 663, May 16, 2003.

On June 4, 2003, the FCC released the text of this NPRM [28 pages in PDF]. See, story titled "FCC Releases NPRM Regarding Increasing Amount of Unlicensed Spectrum" in TLJ Daily E-Mail Alert No. 674, June 5, 2003. The FCC published a notice in the Federal Register on July 25, 2003 (Vol. 68, No. 143, at Pages 44011 - 44020) describing this NPRM and setting comment deadlines.

Representatives and Senators also introduced legislation early this year to require that the FCC allocate more spectrum for unlicensed uses. See, stories titled "FCC Unlicensed Spectrum NPRM and the Jumpstart Broadband Act" in TLJ Daily E-Mail Alert No. 663, May 16, 2003; and "Sen. Boxer and Sen. Allen Introduce WiFi Spectrum Bill", in TLJ Daily E-Mail Alert No. 586, January 20, 2003.

Also, the WRC-03 conference in Geneva, Switzerland from June 9 through July 4, 2003 adopted a resolution pertaining to spectrum for unlicensed devices. It provides "that this Conference has allocated the bands 5 150-5 350 MHz and 5 470-5 725 MHz on a primary basis to the mobile service for the implementation of wireless access systems (WAS), including radio local area networks (RLANs)". See also, story titled "Delegates Discuss World Radiocommunications Conference" in TLJ Daily E-Mail Alert No. 703, July 22, 2003. This Report and Order harmonizes spectrum use for U-NII devices internationally.

Craig Mundie, a SVP at Microsoft, stated in a release that "Coming only four months after the World Radiocommunication Conference harmonized this spectrum globally, the FCC's action reflects the potential for Wi-Fi and other radio LAN technologies to deliver broadband communications in geographies where broadband is currently unavailable, and will encourage the development of ever-more innovative products and services for businesses and consumers."

This is FCC 03-287 in ET Docket No. 03-122. The FCC adopted this item on November 12.

11/13. The Federal Communications Commission (FCC) announced, but did not release, a Notice of Inquiry and Notice of Proposed Rulemaking regarding the "interference temperature" method of quantifying and managing interference among different services. The FCC issued only a short press release [2 pages in PDF] describing this item.

The FCC release states that "this model for addressing interference takes into account the actual cumulative radiofrequency (RF) energy from transmissions of spectrum-based devices, and would set a maximum cap on the aggregate of these transmissions. In contrast, the current approach for managing interference focuses on specifying and limiting the transmit powers of individual spectrum-based devices as the chief way to prevent interference."

The release also states that this NPRM "seeks comment on various technical rules that would establish procedures and use the interference temperature model on a limited basis in the following two bands: 6525-6700 MHz and portions of the 12.75-13.25 GHz bands." It adds that "these procedures would enable unlicensed devices to operate in these bands, which are used primarily for satellite uplinks and fixed point-to-point microwave services. The Notice of Proposed Rulemaking also seeks comment on whether the possible introduction of unlicensed operation into these bands would impact these existing services."

FCC Chairman Michael Powell wrote in a separate statement [PDF] that "The introduction of a new ``interference temperature´´ model has the potential to tremendously improve radio spectrum management. Rather than assess interference based solely on transmitter operations, the interference temperature model introduced in the Commission's Spectrum Policy Task Force Report takes into account the cumulative effects of all undesired radio frequency energy. The marketplace demands for spectrum require that we explore new ways to use this resource more efficiently."

Commissioner Michael Copps wrote in a separate statement [PDF] that "the idea has great promise".

In contrast, Commissioner Jonathan Adelstein wrote in a separate statement [PDF] that "this is one of the more controversial proposals" to come out of the SPTF's report [73 pages in PDF].

Adelstein (at right) wrote that "I support the discussion in the item considering the application of the interference temperature approach to unlicensed operations in the 6525-6700 MHz and 12.75-13.25 GHz bands, I do not believe that this portion of the item should be styled as a Notice of Proposed Rule Making, as opposed to remaining part of the Notice of Inquiry. I think it is very clear that we are exploring an entirely new concept in the interference temperature model, and it is quite premature to actually discuss proposed rules when the Commission has not even engaged in a preliminary discussion on the interference temperature approach as a whole."

Steve Largent, P/CEO of the Cellular Telecommunications & Internet Association (CTIA), stated in a release that "Spectrum is a limited resource, and the wireless industry understands the need for exploration of new and creative ways to use this scarce commodity. But the FCC must take care to ensure that a new and untried spectrum management technique not be allowed to disrupt the millions of consumers already utilizing the airwaves ... An interference temperature approach should only be considered if it can be shown, based on real world tests, that current consumers would not experience interference as a result of the new uses."

This is FCC 03-289 in ET Docket No. 03-237.

11/13. The Federal Communications Commission's (FCC) Spectrum Policy Task Force (SPTF) reported to the FCC at its November 13 meeting on steps taken during the past year to implement spectrum policy reform, and initiatives planned for the next 12 to 18 months. See, FCC release [PDF].

Chairman Michael Powell wrote in a statement [PDF] that "the Spectrum Policy Task Force Report has provided the intellectual and policy foundation for the Commission's spectrum work. ... The Commission has considered and incorporated the Task Force's findings and recommendations in a number of spectrum allocation and licensing proceedings, including the Unlicensed National Information Infrastructure (UNII) Report and Order and the Interference Temperature item adopted today."

Powell formed the SPTF in June of 2002. It solicited comments and held hearings, outside of the context of any rule making proceeding. See, story titled "Powell Creates Task Force to Conduct Spectrum Inquiry" in TLJ Daily E-Mail Alert No. 446, June 7, 2002. The FCC announced its report on November 7, 2002. See, story titled "FCC Announces Report on Spectrum Policy" in TLJ Daily E-Mail Alert No. 545, November 8, 2002. The SPTF released its Report [73 pages in PDF] on November 15, 2002.

11/13. The Federal Communications Commission (FCC) adopted, but did not release, an item titled "Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking". It expands the entities eligible for universal service subsidies for rural health clinics. It also expands the services that qualify for subsidies. The FCC issued only a press release [2 pages in PDF] describing this item.

The FCC's release states that "With today's action, the FCC is seeking to increase participation in the rural health care support program, which is capped at $400 million annually. Demand for Funding Year 2001 averaged $14 million, or only 3.5% of the possible discounts."

While the statute provides that only a "public or nonprofit health care provider" is eligible, the FCC's release states that a "Dedicated emergency departments of rural for-profit hospitals will become eligible to receive prorated support". It also states that "Non-profit entities that function as health care providers on a part-time basis will be eligible to receive prorated support".

Also, while the statute provides that only "telecommunications services" are covered, the FCC's release states that the subsidies will now also cover "Internet access" services.

The release also states that the order revises standards for urban area rate comparisons.

FCC Chairman Michael Powell (at right) wrote in a separate statement [PDF] that "Telemedicine creates medical expertise on demand for people living in rural America. The telemedicine support measures we adopt today have the potential to bring millions of Americans from rural and remote parts of the country closer than ever to top quality doctors and medical specialists. Geographic isolation should no longer be a barrier to timely, quality medical care."

Powell added that "Innovations in computing and telecommunications technology, however, allow doctors to perform many medical procedures even though hundreds or even thousands of miles separate doctor and patient."

Chairman Powell also discussed this item in a speech [3 pages in PDF] on November 7 at the University of Virginia's Office of Telemedicine. See also, story titled "FCC To Consider Item Expanding Eligibility for Support for Rural Clinics" in TLJ Daily E-Mail Alert No. 775, November 10, 2003.

FCC Commissioner Kathleen Abernathy wrote in a separate statement [PDF] that "We often talk about the benefits of broadband services, but telemedicine may be the most important application of them all. Telemedicine has the potential to make it irrelevant whether a patient lives in a downtown urban area or on a mountaintop."

FCC Commissioner Michael Copps wrote in a separate statement [PDF] that "This is a program that we need to put to work. We need to put it to work because rural America lags the rest of the country in access to premium health care".

FCC Commissioner Jonathan Adelstein wrote a separate statement [PDF] that there "There are only winners in today's decision." None of the Commissioners mentioned who bears the financial burden of supporting the universal service fund, or how this item might impact them.

Statutory authority for this program is codified at 47 U.S.C. § 254(h)(1)(A). It provides, in full, that "A telecommunications carrier shall, upon receiving a bona fide request, provide telecommunications services which are necessary for the provision of health care services in a State, including instruction relating to such services, to any public or nonprofit health care provider that serves persons who reside in rural areas in that State at rates that are reasonably comparable to rates charged for similar services in urban areas in that State. A telecommunications carrier providing service under this paragraph shall be entitled to have an amount equal to the difference, if any, between the rates for services provided to health care providers for rural areas in a State and the rates for similar services provided to other customers in comparable rural areas in that State treated as a service obligation as a part of its obligation to participate in the mechanisms to preserve and advance universal service."

This subsection only addresses "telecommunications services". The order provides that "Internet access" services are covered by this program. While the FCC has not yet released the text of its order explaining its reasoning, the apparent implication is that "Internet access" services provided to rural health care providers are "telecommunications services".

In contrast, the FCC wrote in its wireline broadband NPRM that "we tentatively conclude that, as a matter of statutory interpretation, the provision of wireline broadband Internet access service is an information service. In addition, we tentatively conclude that when an entity provides wireline broadband Internet access service over its own transmission facilities, this service, too, is an information service under the Act." This is Docket 02-33. The FCC adopted this NPRM [58 pages in PDF] at its February 14, 2002 meeting. See also, the FCC's notice in the Federal Register. This NPRM pertains to the appropriate regulatory framework for broadband access to the Internet over wireline facilities.

Similarly, the FCC wrote in its cable modem service Declaratory Ruling and NPRM that "we conclude that cable modem service, as it is currently offered, is properly classified as an interstate information service, not as a cable service, and that there is no separate offering of telecommunications service." This is Docket No. 00-185 and Docket No. 02-52. The FCC adopted this Declaratory Ruling and Notice of Proposed Rulemaking [75 pages in PDF] at its March 14, 2002 meeting.

So, perhaps, if a broadband cable or wireline internet service provider provides service to a rural health clinic, it is providing an information service, for the purpose of the regulatory classification of those service providers, but when that rural health care receives that service, it is receiving telecommunications service for the purposes of determining its eligibility for support under Section 254.

The FCC adopted its Notice of Proposed Rulemaking (NPRM) [35 pages in PDF] in this proceeding, which is titled "In the Matter of Notice of Proposed Rulemaking (NPRM) Regarding the Universal Service Support Mechanism for Rural Healthcare", on April 18, 2002. It released this NPRM on April 19, 2002. This is WC Docket No. 02-60.

11/13. Blaise Scinto was named Special Counsel for Spectrum Policy in the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau's (WTB) Office of the Bureau Chief. She will oversee the WTB's implementation of the Spectrum Policy Task Force's (SPTF) recommendations and other spectrum policy initiatives. She has worked for the FCC since 1995. Before that, she was an associate in the Washington DC office of the law firm of Winston & Strawn. See, FCC release.

Day two of a three day convention of The Federalist Society. At 3:35 - 5:15 PM there will be a panel discussion titled "NGO Influence Over the Harmonization of International Intellectual Property Policy". The participants will be Judge Edward Damich (U.S. Court of Federal Claims), Jon Dudas (Deputy Director of the U.S. Patent and Trademark Office), Ralph Oman (Dechert Price & Rhoads), Jerome Reichman (Duke University School of Law), and Judge Randall Rader (U.S. Court of Appeals for the Federal Circuit). See, schedule. Location: Chinese Room, Mayflower Hotel, 1127 Connecticut Ave., NW.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirsksen Building.

RESCHEDULED FOR NOVEMBER 20. 9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in CA Metro Mobile Comm v. FCC, No. 02-1370. Judges Sentelle, Henderson and Garland will preside. Location: 333 Constitution Ave. NW.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "Copyright Protection and the Broadcast Flag". The speakers will be Rick Chessen (Chair of the FCC's Digital Television Task Force), Mike Godwin (Public Knowledge), Fritz Attaway (RIAA), William Adkinson (PFF), Robert Atkinson (Progressive Policy Institute), and James DeLong (PFF). There will be a buffet lunch. See, notice [PDF]. Location: Room 1539, Longworth Building.

12:30 PM. The Federal Communications Bar Association's (FCBA) Legislation Committee will host a brown bag lunch. The topic will be the "The Northpoint Issue: Will Congress Provide Spectrum Without an Auction? The View From the Hill". For more information, contact Lee Carosi at 202 224-0990 or Lee_Carosi@commerce.senate.gov. Location: Wiley Rein & Fielding, 1750 K Street Building, 5th Floor Conference Room.

The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau's (WTB) web site will be offline on November 14-15.

11:00 - 12:30 PM. The Heritage Foundation will host an event titled "Preserving Privacy, Providing Security: Information And Technology At The DHS". The speakers will be Nuala Kelly (Chief Privacy Officer of the Department of Homeland Security) and Paul Rosenzweig (Heritage Foundation). See, notice. Location: Heritage Foundation, Lehrman Auditorium, 214 Massachusetts Ave., NE.

Deadline to submit written comments to the Trade Policy Staff Committee (TPSC) regarding negotiations with Bahrain on a free trade agreement (FTA). The TPSC seeks comments and testimony to assist the Office of the U.S. Trade Representative (USTR) on many topics, including "Relevant trade-related intellectual property rights issues that should be addressed in the negotiations" and "Existing barriers to trade in services between the United States and Bahrain that should be addressed in the negotiations". See, notice in the Federal Register, August 25, 2003, Vol. 68, No. 164, at Pages 51062 - 51064.

8:00 AM - 5:30 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST), Judges Panel of the Malcolm Baldrige National Quality Award will hold the first day of a four day closed meeting. See, notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at Pages 61189 - 61190. Location: NIST, Building 222, Red Training Room, Gaithersburg, MD.

9:00 AM - 4:15 PM. The Federal Communications Commission (FCC) will hold electronic licensing and filing systems training (ECFS, EDOCS, ULS, CDBS and IBFS). Location: FCC, 445 12th Street, SW, Room TW-C305 (Commission Meeting Room).

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Mountain Communications, Inc. v. FCC, No. 02-1255. Judges Sentelle, Garland and Silberman will preside. Location: 333 Constitution Ave., NW.

9:30 AM. The Senate Judiciary Committee will hold a hearing "to examine America after the 9/11 terrorist attacks". Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirsksen Building.

12:00 NOON - 2:00 PM. Progress & Freedom Foundation (PFF) will host a panel discussion on "communications sector regulations". The speakers will be Kenneth Arrow (Stanford University), Robert Solow (MIT), and Dennis Carlton (University of Chicago). See, notice. Arrow is an emeritus professor of economics whose Nobel prize winning career is built upon his "Arrow's Theorem"; see, Social Choice and Individual Values, first published in 1951. Location: Room 124, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch. The speaker will be Stacy Fuller, Legal Advisor to FCC Commissioner Kathleen Abernathy. RSVP to ttruong@dlalaw.com. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, 8th Floor.

2:30 PM. The Senate Governmental Affairs Committee will hold a hearing on the nomination of James Loy to be Deputy Secretary of Homeland Security. Room 342, Dirksen Building.

8:00 AM - 5:30 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST), Judges Panel of the Malcolm Baldrige National Quality Award will hold the second day of a four day closed meeting. See, notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at Pages 61189 - 61190. Location: NIST, Building 222, Red Training Room, Gaithersburg, MD.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. This meeting will be partially closed. The agenda of the open portion of the meeting on November 19 includes a discussion of field programmable gate arrays. See, notice in the Federal Register, November 3, 2003, Vol. 68, No. 212, at Pages 62279. Location: DOC, Hoover Building, 14th Street Pennsylvania and Constitution Avenues, Room 3884.

9:30 AM. The Senate Judiciary Committee will hold a hearing on pending judicial nominations. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirsksen Building.

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Cybersecurity & Consumer Data: What's at Risk for the Consumer?". The hearing will be webcast. See, notice. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

10:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "Digital Dividends and Other Proposals to Leverage Investment in Technology". The hearing will be webcast by the Committee. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch. For more information, contact Laurie Sherman laurabsherman@hotmail.com. Location: Latham & Watkins, 555 11th Street, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Online Communications Committee will host a brown bag lunch. The topic will be "FCC's Cable Broadband Access Order". The speakers will be Mike Schooler (NCTA), Cheryl Leanza (Media Access Project), and Geoff Cook (Cole Raywid). RSVP to Evelyn Opany at 202 689-7163. Location: Piper Rudnick, 1200 19th Street, NW.

8:00 AM - 5:30 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST), Judges Panel of the Malcolm Baldrige National Quality Award will hold the third day of a four day closed meeting. See, notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at Pages 61189 - 61190. Location: NIST, Building 222, Red Training Room, Gaithersburg, MD.

8:30 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee (CAC) will hold a meeting. See, notice and agenda [4 pages in PDF] and notice in the Federal Register, October 31, 2003, Vol. 68, No. 211, at Pages 62078 - 62079. The FCC has stated that the start time is 8:30 AM and 9:00 AM. Location: FCC, Room TW-C305, 445 12th Street, SW.

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. This meeting will be partially closed. See, notice in the Federal Register, November 3, 2003, Vol. 68, No. 212, at Pages 62279. Location: DOC, Hoover Building, 14th Street Pennsylvania and Constitution Avenues, Room 3884.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in CA Metro Mobile Communications v. FCC, No. 02-1370. Judges Sentelle, Henderson and Garland will preside. Location: Courtroom 20, 333 Constitution Ave. NW.

10:30 to 11:30 AM. Dane Snowden, Chief of the Federal Communications Commission's (FCC) Consumer & Governmental Affairs Bureau, will hold a media briefing on consumer issues, including the soon-to-be implemented wireless local number portability rules. Location: Conference Room 5, 8th floor, FCC Headquarters, 445 12th St., SW. 

6:00 - 9:15 PM. The D.C. Bar Association will host a CLE course titled "How to Litigate an Intellectual Property Case Series: Part 1 How to Litigate a Patent Case". Prices vary. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 level.

TIME? Neil Netanel (University of Texas Law School) will give a lecture titled "Copyright and First Amendment: Eldred v. Ashcroft and Beyond". See, Supreme Court opinion [89 pages in PDF], and TLJ story titled "Supreme Court Upholds CTEA in Eldred v. Ashcroft", January 15, 2003. This is a part of Georgetown University Law Center's (GULC) Colloquium on Intellectual Property & Technology Law Series. For more information, contact Julie Cohen at 202 662-9871. Location: GULC, 600 New Jersey Ave., NW.

11/13. The Federal Communications Commission (FCC) announced, but did not release, a Report and Order and Second Further Notice of Proposed Rulemaking regarding the scope of its enhanced 911 rules. The FCC issued only a short press release [PDF] describing this item.

FCC Chairman Michael Powell wrote in a separate statement [PDF] "Our balanced approach takes into consideration reasonable consumer expectations regarding access to emergency call features, the need to deploy life saving services in times of crisis, and the needs of entities offering various services and devices to compete in a competitive marketplace."

He summarized the order: "we revise and broaden the scope of our existing enhanced 911 (E911) rules to clarify the obligation of mobile satellite services (MSS), telematics services, multi-line telephone systems, resold and pre-paid calling services, and disposable phones to provide E911capabilities. In the Second Further Notice of Proposed Rulemaking, we seek additional comment, concerning MSS carriers with integrated ancillary terrestrial component (ATC), and their ability to comply with our location accuracy standards. In addition, our continued participation with local and state public safety organizations and private industry, such as the FCC’s E911 Coordination Initiative, will further encourage the full deployment of prompt emergency response."

The FCC release states that "In today's Order, the FCC considered and addressed the E911 obligations of the following telecommunications services: mobile satellite services (MSS); telematics services, which are services provided by in-vehicle communications systems; multi-line telephone systems (MLTS) that allow multiline businesses and multi-tenant buildings to eliminate the need for an external line for each telephone within their operation using private branch exchanges (PBXs); resold wireless services, including prepaid services; and disposable wireless phones."

The release states that "the FCC concluded that the following services should be subject to its E911 requirements: certain telematics services and resold cellular and broadband PCS mobile wireless services, including mobile pre-paid calling cards. MSS carriers that provide interconnected voice service are required to establish call centers for the purpose of answering 911 calls and forwarding such calls to an appropriate PSAP."

It also states that "Regarding telematics services, the FCC decided that only those providers that offer interconnected commercial wireless voice services, in addition to standard telematics services such as navigational and roadside assistance, would be subject to the FCC’s E911 requirements."

It also states that "Today's Order establishes that resellers of wireless services offered over cellular and broadband PCS spectrum are obligated to provide E911 services to their customers under the FCC’s E911 requirements."

And, its states that "This Order also addresses the E911 compatibility of multi-line telephone systems or ``MLTS.´´ Multi-line telephone systems allow businesses and multi-tenant residential building owners to provide service to their users more efficiently, by eliminating the need for an external line for each individual telephone within their operation. Given the particular requirements of E911 over multi-line telephone systems, the Order concludes that for now state and local governments are in a better position to devise rules to ensure that E911 is effectively deployed over MLTS in their jurisdictions. Accordingly, the Order does not adopt national regulations at this time."

FCC Commissioner Michael Copps wrote a separate statement [PDF] in which he addressed voice over internet protocol (VOIP). He wrote that "I note that as the Commission continues its examination of IP telephony, we must keep 911 issues in mind. We need to find a way to allow this technology to bring much needed new competition to our consumers without undermining the ubiquity of our 911 system."

See also, the separate statement [PDF] of Commissioner Kathleen Abernathy, the separate statement [PDF] of Commissioner Kevin Martin, and the separate statement [PDF] of Commissioner Jonathan Adelstein.

This is FCC 03-290 in CC Docket No. 94-102 and IB Docket No. 99-67.

11/12. The Center for Strategic and International Studies (CSIS) published a report titled "Spectrum Management For The 21st Century". Copies of the report are sold by the CSIS. See, release.