NTIA urged the FCC to take steps to phase out use of emergency locator transmitters (ELTs) that are operated in the 121.5 MHz band by pilots of small aircraft, in favor of systems that use the 406 MHz band. ELTs must be installed in many aircraft under FAA rules. NTIA said that “406 MHz ELTs are superior to 121.5 MHz-only equipment in their ability to increase the efficiency and accuracy of search and rescue operations, thereby minimizing threats to life and property, reducing costs of federal and state search and rescue operations, and improving the likelihood that such operations will be successful"(http://bit.ly/1dtA4jz). “The costs to aircraft owners to transition from 121.5 MHz-only to 406 MHz ELTs have declined in recent years and likely will continue to do so in the years to come. These costs are significant but must be balanced against other compelling factors in this proceeding.” Last year, the Department of Transportation and FAA said the FCC should allow use of both systems. While 406 MHz systems are superior “we believe that 121.5 MHz-only ELTs continue to provide a beneficial means of locating missing aircraft in critical emergency situations and that a prohibition of their use should not be imposed by regulation,” DOT and FAA said (http://bit.ly/1ki2gOQ).

Intellectual Ventures’ patent infringement lawsuit against Google-owned Motorola Mobility temporarily halted Wednesday when U.S. District Judge Sue Robinson in Wilmington, Del., declared a mistrial. Intellectual Ventures, which some critics have called a patent troll, had claimed that Motorola Mobility hardware and the Google Play app used on Android mobile devices violated three Intellectual Ventures patents. Robinson declared the mistrial and ordered a retrial of the case after the jury found it could not reach a verdict just a day after it began deliberations on evidence presented during the two-week trial. Intellectual Ventures had originally filed the lawsuit in 2011, when Motorola Mobility was still part of Motorola, but Google became involved in the case when it bought Motorola Mobility in 2012. Lenovo recently announced it would buy Motorola Mobility as part of a $2.91 billion deal, but Google will continue to own most of Motorola’s patents. Melissa Finocchio, Intellectual Ventures chief litigation counsel, said in a statement that “Mistrials are an occasional fact of life, and it is disappointing (for us, and probably also for Motorola) that the jury could not reach a unanimous verdict. But we are looking ahead to the retrial on these patents and also to our two other upcoming trials with Motorola Mobility Inc. later this year.” Intellectual Ventures and Motorola Mobility are set to return to U.S. District Court in Wilmington for a second patent case April 7. The two companies will face each other in another case Nov. 17 in U.S. District Court in Fort Lauderdale, Fla. Motorola Mobility said in a statement “we continue to believe this lawsuit was based on overbroad patent claims meant to tax innovation.”

The government should impose market-based fees on federal agencies to force them to rationalize their spectrum holdings, Brattle Group said in a white paper paid for by Verizon. “By imposing a spectrum based fee, the cost of spectrum based services for federal users will reflect the use of this scarce resource,” Brattle said (http://bit.ly/1bu6eM7). “Consistent with the principle that government spectrum users should consider the [foregone] economic value of spectrum deployed for their services, we suggest that a federal user fee should be based on the commercial value of spectrum. By tying the fee for federal spectrum to spectrum’s commercial price, federal users would be incurring the foregone economic value or opportunity cost of the spectrum in deploying these federal services.” Brattle said, like industry, the government has a growing need for spectrum. “As of September 2012, federal users had over 240,000 frequency assignments and their needs are increasing,” Brattle said. “Superstorm Sandy and the Mid-Atlantic Derecho only reinforced the need for accurate satellite weather tracking and hardened wireless infrastructure that can sustain the force of brutal storms. Even before the nationwide interoperable public safety network is built, local public safety groups foresee a growing need for video surveillance and mobile wireless video support for rapid response.”

Intel continues to favor allocating additional spectrum at 5 GHz for unlicensed use and maximizing the amount of spectrum for unlicensed in the TV band, said Peter Pitsch, executive director-communications policy, in a meeting with Jeffrey Neumann, aide to FCC Commissioner Ajit Pai. Intel favors a band plan for 600 MHz spectrum with seven pairs of wireless licenses offered for sale if possible, Pitsch said, said an ex parte filing from the company. “The licensees in the top markets, if they unanimously agree, should be able to make band plan changes after the auction closes,” he said. “The FCC should consider setting nationwide reservation prices for the guard band and duplex gap based on its assessment of the societal value of unlicensed use of these bands and put the guard band and duplex gap out for bid. If the total bids exceeded the respective reservation price, then the guard band or duplex gap would be licensed, otherwise, they would be unlicensed.” Other companies have been lobbying the FCC in recent days on Wi-Fi and unlicensed spectrum (CD Feb 6 p17).

Fibertech Networks said it activated what it called the “first outdoor metro small cell site in the nation.” An unidentified wireless carrier for commercial traffic is using the small cell site, Fibertech said. “There has been a tremendous amount of press and speculation in the wireless segment about small cell, and the potential explosion of wireless carrier’s deployment of this technology, but until now it has been limited to planning discussions and internal testing,” said Michael Hurley, Fibertech vice president-sales and marketing, in a Wednesday news release. Metro small cells look similar to outdoor distributed antenna system nodes, but have their own deployment requirements, Fibertech said. The company said it expects metropolitan small cells will become a key way to allow “wireless carriers to increase broadband network reach and capacity” (http://bit.ly/1ke567k).

The Free State Foundation said the FCC should take seriously Lifeline changes sought by TracFone (http://bit.ly/LQAyuc), including a proposal that eligible telecommunications carriers be allowed to retain income-based and program-based eligibility documentation. The FCC Wireline Bureau sought comment on the petition (http://bit.ly/1eyjELs). “By now, the Commission should be aware of its problematic rules which erect unnecessary barriers to efficient subscriber eligibility determinations,” FSF said in a blog post Wednesday (http://bit.ly/LzfuHL). “Reforms that help ensure Lifeline subsidies are distributed only to eligible applicants, based on a proper application review process, will help achieve the commendable goals of the program. Unlike those parts of the USF program that distribute subsidies in a more indiscriminate fashion, like the high-cost fund, Lifeline provides targeted subsidies to those in need who meet income eligibility requirements. The Lifeline program is worthwhile, but it can only be sustained if it is administered efficiently and with minimal levels of fraud and abuse. That’s why reforms like those proposed by TracFone are necessary to improve the Lifeline program and to maintain public confidence that Lifeline funds are not being wasted."

The FCC should not impose broad tower siting rules on local governments, said the National Association of Telecommunications Officers and Advisors, the National Association of Counties, the National League of Cities and the U.S. Conference of Mayors in comments filed at the agency. The comments are at odds with industry arguments in the same docket (CD Feb 5 p3). “The vast majority of wireless broadband infrastructure projects are processed and deployed in a timely manner, respecting not only the needs of providers, but also the desires of the communities they serve,” the groups said. “Therefore, Commenters urge the Commission to refrain from adopting formal rules that would impose a one-size-fits-all interpretation of Section 6409, which, we believe, could prove to be unworkable to the extent that such rules could hinder deployment.” Joseph Van Eaton, a lawyer from the Best Best firm who represents cities, said in an email late Tuesday he sees room for compromise on siting rules now before the FCC. “There is definitely room for common ground,” Van Eaton said. “That’s one of the reasons we suggested that the agency allow local governments and industry to agree on best practices. And even if rules are adopted, I think we'll see broad consensus that Section 6409 does not preempt all local conditions on placement. Some industry commenters conceded, for example, that localities could maintain stealth requirements and that local authority to protect public health and safety was not implicated by Section 6409.”

Representatives of Space Data and Oceus Networks briefed FCC Public Safety Bureau staff on the results of a July test of a high altitude balloon platform outfitted with a 4G LTE unit, said an ex parte filing from the companies (http://bit.ly/1au95cB). The tests were designed to “assess the viability of using a deployable aerial communications architecture (DACA) for communications restorations within the first 72 hours of a disaster,” the companies said.

Many more U.S. adults are protecting smartphones with a password, but nearly half are sharing those passwords with others and more than half are sending or receiving intimate content with those smartphones, said McAfee Tuesday (http://on.wsj.com/MrEfq9). Sixty-nine percent secure their smartphone with a password, up from 39 percent in 2012, said a news release about the survey. But 46 percent of those surveyed share that password with another individual, McAfee said. “With all the stories we've heard about intimate photos being leaked, it’s hard to believe people are still sharing their passwords,” said Gary Davis, vice president of McAfee consumer business. “Ultimately, they're increasing the risks of these photos becoming public and possibly jeopardizing their identity and reputation.” The conclusions were drawn from 1,519 online surveys conducted Dec. 3-16 of U.S. adults ages 18 to 54.

Bidders need certainty “well in advance” of the AWS-3 auction, “scheduled to begin as soon as September 2014,” including what spectrum will be sold and what the rules of the road will be, Verizon Wireless representatives told FCC Wireless Bureau officials in a meeting last week, said an ex parte filing. “The FCC should continue to work with other government agencies to ensure that it can auction 1755-1780 MHz paired with 2155-2180 MHz,” Verizon said (http://bit.ly/1eRgZJ3). “We discussed the need for potential bidders to know as much as possible about the schedule for re-locating federal users out of the 1755-1780 MHz band, as uncertainty on that issue will affect their valuation of the spectrum.” Verizon also recommended that the AWS-3 spectrum be sold in large Economic Area licenses. “If, however, the Commission were to adopt smaller license area sizes, it is imperative that auction participants be able to combine licenses through package bids,” Verizon said. “We also support auctioning the spectrum in a combination of 5x5 MHz and 10x10 MHz blocks.”