Verizon Sues FCC Over Open-Access Auction
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Asks the U.S. Court of Appeals to review the FCC's decision to require so-called open-access rules.
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Internet phone service provider Vonage  Holdings Corp.  on Monday said it has been served with a  patent infringement lawsuit filed by two units of Verizon  Communications Inc. .
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The head of the Federal  Communications Commission wants to require the winning bidder  in an upcoming auction of valuable wireless airwaves to make  them accessible to consumers using any device or software  application, an FCC source said on Tuesday.
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As the FCC opens a multibillion-dollar spectrum auction, questions remain, including  whether the auction will produce a winning bidder that will challenge telecom and cable-based broadband providers with a national wireless broadband network.
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Verizon and Qwest have asked a federal court to force the FCC to drop its price freeze on the fees their competitors pay to connect to their regional networks.
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(InfoWorld) - On the heels of a similarÂ suit filed Thursday by Verizon Wireless Inc., Cingular Wireless LLC on Friday suedÂ private investigators used by Hewlett-Packard Co. to obtain phone records of a CNET News.com journalist. Cingular filed suit in a U.S. District Court in Atlanta against Charles Kelly and CAS Agency Inc. alleging they used pretexting -- or pretending to be someone else to obtain phone records -- to get information from Cingular about customer Dawn Kamamoto, a CNET journalist that HP was investigating. Cingular also named "John Does 1-100" and "XYZ Corps. 1-100" in the suit to accommodate other private investigators that may not have been named who also were involved in obtaining information from Cingular, said company spokesman Mark Siegel. "Sometimes it's hard to identify who is in these companies and who runs them," he said "We [used those terms] to accommodate for the vagueness of the industry." During Congressional hearings Thursday about HP's investigation of journalists -- including Kamamoto and writers from the Wall Street Journal and BusinessWeek -- Kelly and CAS Agency were identified as investigators that HP used to obtain phone records information through pretexting, Siegel said. The defendants called customer service agents posing as Kamamoto to obtain her personal information, and also gained unauthorized access to her online account information, Cingular alleged in its filing. They then sold that information to HP. HP executives, including Chairman and Chief Executive Officer Mark Hurd, testified before the House Energy and Commerce Congressional Committee on Thursday about an investigation of journalists that took place in 2005 and earlier this year in an attempt to find out who at HP was leaking sensitive information to the press. The scandal has already forced Patricia Dunn to resign as HP's chairman and sparked investigations by the California attorney general and the U.S. House of Representatives. On Thursday, Verizon Wireless filed suit in New Jersey against investigators who used pretexting to obtain information about an HP director and that director's spouse, and then sold that information to HP. In its suit, Cingular is asking that a judge require the defendants to pay punitive damages to the company and be permanently restricted from: contacting Cingular for any reason, obtaining information about Cingular customers and advertising that they can obtain phone records from wireless companies about their subscribers. Cingular is also asking for the return of any information obtained about Cingular customers to the company. Cingular's Siegel said this is not the first time his company has filed suit against companies that have used pretexting to obtain customer information. "They call themselves data brokers -- we call them data burglars," he said. The company currently has several cases pending against other investigators who have used pretexting, which is not technically illegal, although Cingular believes it should be, Siegel added.
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To the surprise of no one As you might expect, Verizon isn't too happy about recent news from the FCC. A day after Federal Communications Chair Kevin Martin called for open-access to the U.S. wireless spectrum, the company's general counsel told Congress that giving consumers the freedom to control their own wireless destiny is a bad idea.â¦
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The FCC's auction of prime wireless spectrum could create new competition for broadband Internet. Or not. The bidding rules will be key.
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The U.S. government raised $2.25  billion in an auction of wireless airwaves that ended on  Tuesday, with Verizon Wireless and a partner collectively  winning 63 licenses with almost $697.4 million in bids.
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Depending on who's talking, the wireless spectrum auction that starts on Jan. 24 will significantly change the mobile and wireless landscape in the U.S., or it won't have much impact at all.Some believe it will lead to creation of new nationwide wireless networks and the entry of new wireless operators. That increased competition could benefit users."This spectrum auction is the first real chance we've had to see a competitor emerge that could compete with the telephone and cable companies," said Gigi Sohn, president of the Public Knowledge consumer rights organization. Aggressive bidding is expected from several well-funded companies that aren't currently in the wireless business, such as Microsoft co-founder Paul Allen's Vulcan Spectrum and Google.Others, however, beg to differ. "The auction won't change anything per se," said Jack Gold, principal of J. Gold Associates, a telecommunications consulting firm. "But other pressures in the system -- market forces -- could ultimately change a lot of things." For example, Gold said he expects more competition and more open wireless networks to emerge over time, no matter who wins the auction.Besides the possibility of new competition, this auction is also receiving a lot of attention because it is likely to be the last time that large chunks of wireless spectrum will become available. Also with this auction, the Federal Communications Commission (FCC) has imposed rules that will, to some extent, open up wireless networks.However, a lot of confusion about the auction remains. Here are the answers to some frequently asked questions.What is being auctioned?The FCC is auctioning off a huge swath of wireless spectrum in the 700-MHz range. This spectrum has been used by television broadcasters, which must return the spectrum to the FCC when they switch next year from analog to digital broadcasts.In particular, the FCC is auctioning many "blocks" of spectrum. Two of those blocks, the so-called C-block and D-block, have enough capacity and geographical coverage to create nationwide wireless networks. The smaller blocks of spectrum also could receive a lot of attention from bidders. Those blocks are regional in nature, and many small telecommunications providers are expected to bid on them.How is the 700-MHz portion of spectrum different than others?The physical nature of the 700-MHz spectrum makes it attractive to users and service providers alike. Many digital cellular systems in the U.S. use radio signals in the 1,800-MHz and 1,900-MHz ranges, although some older analog systems still use spectrum in frequencies as low as 800 MHz. Because radio waves in the 700-MHz range are physically longer than higher-frequency radio waves, they travel farther and are better able to penetrate walls and other impediments.These characteristics are important for several reasons. First, the better penetration makes it feasible to use wireless services indoors. That makes these wireless services competitive with land-line broadband services such as Digital Subscriber Line and cable.A second important advantage is that, because radio waves in this portion of spectrum travel farther, it is easier to bring wireless access into rural areas that currently aren't well served by wireless providers. This greater transmission range also means that operators would need to invest less in towers and base stations and other wireless infrastructure.These advantages, combined with the nationwide coverage, explain why the available 700-MHz spectrum is often referred to in the media as "beachfront property."What technologies can be used in this portion of spectrum?Virtually any wireless technology that is currently in use can also be used in the 700-MHz range. That includes traditional and next-generation cellular service and other wireless broadband technologies such as WiMax.What potential benefits could come from this auction?Besides increased competition, the FCC decreed that the winner of the C-block must make networks that use that portion of spectrum available to any device that employs compatible technology. For example, if a carrier builds an EV-DO 3G (Evolution Data Optimized third-generation) network, any device with that technology built in will be able to access the network.This openness will increase consumer choice. Currently, cellular operators in the U.S. typically limit what devices can be used on their networks and what applications can run on those devices. Because this approach gives them so much control, the incumbent carriers fought the open network provision vigorously.Note, however, that this provision applies only to the C-block. Carriers that win any of the other blocks can continue to limit access to those networks.What other rules apply to the spectrum?The effort to open up new spectrum to all devices was led by Google and several public-interest organizations. In addition, those groups urged the FCC to require that the winning bidders make some spectrum available, on a wholesale basis, to other carriers. That was another attempt to foster more competition among wireless carriers. However, this effort failed. The FCC refused to require winning bidders to resell some of that spectrum although, as always, that could occur voluntarily.There are other limits on how the spectrum can be used. One notable mandate is that any network using the D-block must be built to specifications particular to public safety applications and that portions of the spectrum are available for those uses. Because of the emphasis on public safety, the D-block is mandated to be available to 99.3% of the U.S. population by 2019.There are limits on the other blocks, too. For instance, there are use-or-lose provisions that require wireless networks to be built out within a certain time frame or the license will be lost. This is an attempt to make sure that large companies don't buy spectrum simply to block other companies from acquiring it.Who is bidding?The auction has attracted some predictable bidders, some surprise bidders and many smaller bidders. More than 260 applications to participate in the bidding process were initially submitted to the FCC. The predictable companies included incumbent telecommunications operators such as Verizon Communications and AT&amp;T.Then, there are some well-funded bidders with unknown motives, such as petroleum giant Chevron and Vulcan Spectrum. Also in the mix are some cable operators.Besides the big players, many local and regional wireless carriers have applied to participate in the auction and are likely to bid on the regional chunks of spectrum. A local telephone company, for instance, could use such spectrum to provide wireless broadband service to its local customers using a technology like WiMax.What about Google's bid?The potential bidder that has received the most attention is Google, which has been mum about its specific plans. Most observers believe the company's interest in the auction is tied to its recently announced Linux-based Android mobile phone system.Google likely wants to use Android to sell mobile advertising. However, that won't be successful if existing wireless carriers don't allow phones based on it to be used on their networks. If Google owns the open C-block, it will be certain that phones based on its Android system can be used.Few, however, expect Google to create a whole new wireless network from scratch -- if it wins."Google will rent out the spectrum, said consultant Gold. "It would be insane on their part if they decided to put up their own network. Being landlords of the airspace, that makes sense."As a result, it is widely expected that, if Google wins the C-block, it will work with other providers. For instance, rumors have been circulating that Google will work with T-Mobile USA, which has been constrained in expanding its network by a lack of spectrum. Neither company has been talking about such specifics.How will the auction be conducted?A "mock auction" will be held on Jan. 22, and the auction will begin in earnest two days later. Many observers believe the bidding, which will be largely electronic, could last a couple of weeks.Bidding will be anonymous. That is to say, nobody will know who is bidding or how much they are bidding. The goal of this rule is to prevent collusion aimed at keeping out specific bidders."There are quite a few studies that show that, if you know who is bidding, you can engage in anticompetitive blocking behavior," said Public Knowledge's Sohn.How much will spectrum cost?Buying spectrum will require very deep pockets. In particular, the large, nationwide spectrum blocks will surely be expensive. The C-block, for instance, has a reserve, or floor, bidding price of about $4.7 billion. The total reserve price for all blocks is about $10 billion, and many believe the bidding will go much higher than that.
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The U.S. government raised &#36;2.25 billion in an auction of wireless airwaves that ended on Tuesday, with Verizon Wireless and a partner collectively winning 63 licenses with almost &#36;697.4 million in bids.
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AT&amp;T and Verizon Wireless want to go up against other current mobile operators and some possible future competitors, including Google, in next month&#39;s&#160;auction for 700MHz wireless spectrum&#160;around the U.S.The U.S. Federal Communications Commission on Tuesday released lists of accepted and incomplete applications for the auction, in which it will sell licenses to frequencies that are set to be vacated by analog TV stations. It has accepted 96 applications and reported 170 as incomplete. The latter need to be completed by Jan. 4.AT&amp;T and Verizon are not surprise entrants but are the country&#39;s biggest mobile operators. If either carrier won a portion of the spectrum that has been designated for use by any device and any service, it would have to open up its network more than any big U.S. operator ever has. Verizon has already unveiled part of a plan to further open its network.They were on the list of incomplete applications, along with smaller mobile operators Alltel and MetroPCS. Cable operator Cox Communications, an archrival of the telecommunications giants, is also preparing an application. And cellular technology giant Qualcomm, which is already building a mobile entertainment network on vacated TV channels, is also gearing up to bid. Would-be bidders with incomplete applications have until Jan. 4 to complete their paperwork.Google earlier this year&#160;offered to participate in the auction&#160;in return for the FCC imposing open-network requirements. The booming Internet company&#39;s involvement could drive up bids all around, helping the government reap its hoped-for $10 billion payday for the spectrum.&#160;Google&#39;s application&#160;has already been accepted, the FCC said Tuesday. So has that of Towerstream, a wireless broadband provider to businesses.One surprise applicant yet to complete its papers is oil giant Chevron.Participation by Chevron in the auction comes &#8220;out of the blue,&#8221; said analyst Jack Gold of J. Gold Associates. However, oil companies and utilities are big wireless users, so he can see why Chevron might be interested.Chevron, like Google, is unlikely to actually build a network, though, he said. &#8220;I can see them potentially winning but then becoming landlords, renting it out,&#8221; he said. For both companies, that decision wouldn&#8217;t be based on the cost of building a network but on the experience required: Neither company has any history of constructing and operating a wireless network, a complicated undertaking.Also Tuesday, the agency extended the Dec. 28 deadline for upfront payments in the auction to Jan. 4 and pushed back a mock auction until Jan. 22. The auction itself is set to begin Jan. 24.Nancy Gohring, in Seattle, contributed to this report.
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InfoWorld - Verizon Wireless has encountered strong opposition for its request that an appeals court overturn U.S. Federal Communications Commission auction rules on a portion of wireless spectrum.
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Frontline Wireless, a startup that had planned to bid in the U.S. Federal Communications Commission&#39;s upcoming&#160;700MHz spectrum auction, has &quot;closed for business,&quot; a spokeswoman said Wednesday.Frontline, backed by veterans of the wireless industry and U.S. government, was one of the major advocates of a plan for the FCC to pair about 10MHz of spectrum set aside for emergency response agency communications to another 10MHz to be sold in the auction starting Jan. 24. The auction winner would then be required to build a wireless network that emergency responders such as police and fire departments could share with commercial interests.Frontline had also pushed the FCC to adopt so-called&#160;open-access rules&#160;on part of the 62MHz of spectrum to be auctioned.The FCC in July largely adopted the emergency communications auction plan advocated by Frontline and other groups, and it approved an amended open-access plan on 22MHz of the spectrum. The FCC required that the winner of the 22MHz allow any wireless devices to connect to the network, meaning wireless telephone customers could bring their handset devices from other carriers. The FCC also prohibited the winning bidder on the 22MHz block of spectrum from blocking or slowing wireless and Web content from competitors.Frontline spokeswoman Mary Greczyn said Wednesday the company would have no further comment beyond saying Frontline is &quot;closed for business at this time.&quot;Up-front payments for bidding in the 700MHz auction were due Jan. 4. The up-front payment for the D block, the spectrum for emergency communications, was $128.2 million, and the payment for the 22MHz C block was $282.1 million.Frontline, based in Greensboro, North Carolina, first made a splash in early 2007, when it&#160;proposed an open-access network&#160;that emergency responders would share with commercial providers. Frontline said then it planned to offer wholesale access to the network to other wireless providers.Frontline was backed by several heavy hitters in the wireless and tech industries, as well as former senior U.S. government officials. Haynes Griffin, founding CEO and president of Vanguard Cellular Systems, served as Frontline&#39;s CEO, and Janice Obuchowski, former head of the U.S. National Telecommunications and Information Administration, served as the company&#39;s chairwoman. Reed Hundt, a former chairman of the FCC, served as Frontline&#39;s vice chairman.James Barksdale, former CEO at Netscape, and John Doerr, a partner in the Kleiner Perkins Caulfield &amp; Byers venture capital firm, were among the company&#39;s backers.
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Wireless technology company  Freedom Wireless Inc. said on Friday it sued five wireless  carriers and services providers -- including Cingular Wireless  and Ericsson -- over patent infringement charges.
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An anonymous bidder has met the reserve price for the so-called C-block of 700 MHz in the FCC's ongoing auction, virtually guaranteeing that the FCC's open-access conditions will be met. Open-access advocates greeted the news with mixed reactions.
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Cingular Wireless LLC, the nation's largest cell phone provider, on Friday sued a private eye caught up in the scandal over the Hewlett-Packard Co. leak investigation, seeking to make him pay for allegedly obtaining customer call records under false pretenses.