Tearing Down Access Barriers

Although a local New Orleans newspaper labeled the WCA '99 conference a coming-out party for fixed-wireless providers, the conference was much more than a celebration. For most attendees, it was time to get down to business and discuss critical regulatory issues.

According to Thomas Sugrue, FCC wireless bureau chief, the FCC recognizes the industry's concerns and is addressing key areas such as forbearance and spectrum availability (39GHz and 24GHz auctions should take place in late 1999, early 2000). But with a notice of proposed rulemaking (NPRM) released one week before the mid-July conference, the issue at hand was building access.

The NPRM seeks comments on a variety of fixed-wireless siting issues such as requiring building owners to provide access on a non-discriminatory basis. It also comments on the need for ILECs to make resources available for cabling and wiring. For fixed-wireless providers that are frustrated because their main competitors (LECs) have free access to buildings, but unreasonable and unequal fees are keeping new entrants out, the NPRM was a step in the right direction.

NPRM comments were due Aug. 13. Now carriers are waiting for the FCC's reply, which is due Sept. 3.

"We're on the cusp of exploding, but we have some big barriers," said Joe Sandri, Winstar vice president and regulatory counsel.

According to Ari Fitzgerald, FCC legal advisor to William Kennard, the FCC plans to do all it can to help. He said the FCC and the fixed-wireless industry have similar goals: Provide facility-based competition to overcome the bottleneck control in the local loop. Fitzgerald said Kennard and the commission recognize the critical need for equal access to multi-dwelling units.

But, Fitzgerald added, the FCC needs more information. On one hand, commissioners read investment articles in The Wall Street Journal about how well fixed-wireless providers are doing. Then, those same carriers go to the FCC with a completely different picture about how they can't deploy service because they are being blocked from buildings. According to Fitzgerald, fixed-wireless carriers must make sure commissioners truly understand and are aware of the extent of the problem. He encouraged carriers to keep extensive records.

He also encouraged carriers to continue working with building owners. Meanwhile, the FCC will do its part to protect fixed-wireless rights and private-property owners' rights.

"The goal is to craft something they (building owners) can live with. We need to present something reasonable," Fitzgerald said.

In addition to the FCC's work, Geoffrey Waldau, Maryland Public Service Commission telecommunications director, advised carriers to get more directly involved with states. According to Waldau, carriers need to identify and target a few leadership states and work with them on developing model policies that others can follow.