SATELLITE COMPANIES EXPRESS OPINIONS ON SPECTRUM SHARING

FCC, moving toward spectrum sharing in effort to introduce new services, has proposed sharing by NGSO FSS, GSO and terrestrial systems in Ku-band along with terrestrial use of 12.2- 12.7 GHz band by multichannel video distribution and data service operators (MVDDS) currently used by DBS operators. Petitions for license by start-up Northpoint also sparked debate on how Commission should allocate bandwidth in available spectrum that historically has been “service specific,” industry officials said. Boeing, MDS America, Northpoint, PanAmSat, Pegasus and Skybridge filed comments by deadline Tues. NBC affiliate KKCO Grand Junction, Colo., filed on behalf of new Sky TV service that seeks to provide local broadcast signals to customers who can’t receive DBS service.

Skybridge said there was no technical, factual, legal or public policy basis to support proposals by DirecTV and PanAmSat: “DirecTV and PanAmSat proposed certain revisions to the rules that directly contradict the agreement reached at WRC-2000 and that would be unworkable from a practical standpoint.” Validation limits, interference limits and enforcement mechanisms are chief among concerns, Skybridge said.

PanAmSat said it opposed Skybridge petition despite being in general agreement with many of points made by others, particularly DirecTV. PanAmSat said requirement that NGSO licensees demonstrate compliance with operational limits only 90 days before being placed into service was inadequate. By that time, most or all of satellites comprising NGSO system in question would be constructed, it argued. It’s unlikely Commission will have any substantial leverage to insist upon design or operational changes to ensure compliance with spectrum sharing limits, PanAmSat said. Instead, it said FCC should require applicants to demonstrate compliance within 90 days of launch of first satellite in constellation. Company also wants agency to impose rules setting limits on power levels.

Pegasus generally supported spectrum-sharing proposal and recommended FCC adopt explicit operating requirements and detailed mitigation process. Company said that would allow for deployment of new service while protecting both DBS and NGS FSS. Pegasus also wanted mitigation process that established 60-day notification period before start of service. Boeing said FCC should revise rules for NGSO-FSS network to ensure they were consistent with WRC-2000 consensus agreement. It said Commission also should reject attempts to adopt additional rules for NGSO FSS licensees that do nothing to enhance spectrum sharing in Ku-band.

MDS said Commission had made great strides in facilitating innovation and more effective use of scarce spectrum resources by allowing terrestrial MVDDS services into 12.2-12.7 service band. Company said FCC also advanced goals of intended rulemaking by proposing auctions be employed to ensure not only greatest opportunities for participation among MVDDS providers, but also maximum degree of competition for wireless communications marketplace.

Sky TV said spectrum allocations sought by Northpoint and Skybridge could preclude development of promising experimental technology that it wanted to introduce because of lack of spectrum. Company said FCC shouldn’t license Northpoint or Skybridge at expense of technology pioneers such as Sky TV. Company asked FCC for pioneer’s preference.

Northpoint said Commission correctly determined its terrestrial technology could share spectrum ubiquitously with DBS and NGSO FSS systems. FCC decision is well reasoned and supported by substantial evidence in record, it said. Northpoint said its service wouldn’t cause harmful interference and FCC could assuage concerns about technical neutrality by issuing waivers on case-by- case basis instead of creating new MVDDS service.