SENATE DEMOCRATS URGE PROMPT 3G DECISION FROM BUSH WHITE HOUSE
Top Senate Democrats, including Majority Leader Daschle (D- N.D.) urged President Bush Mon. not to allow “unnecessary delays” in opening “at least some” of 1755-1850 MHz band for commercial users eager for 3rd generation wireless spectrum. “In recent years, Congress has mandated safeguards to ensure that DoD does not surrender frequencies in such a way as to compromise its mission capabilities,” said letter written by 7 Senate Democrats. “But executive agencies must take the initiative to drive the process forward.” Senators didn’t criticize recent FCC action to delay decision on which spectrum bands should be allocated for advanced wireless uses beyond July 2001 deadline set out in executive order by then President Clinton last Oct. “While this schedule may no longer be realistic, the Administration should move forward as rapidly as possible.”
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Letter is one of most public signals sent to date from Democratic leadership in Senate that they are mulling ways to free up 1.7 GHz band now occupied by Dept. of Defense (DoD). In House, Commerce Telecom Subcommittee Chmn. Upton (R-Mich.) and Rep. Pickering (R-Miss.) have been drafting bill to relocate some DoD operations (CD June 18 p1). U.S. govt. is examining other bands for advanced wireless uses, including 2.5 GHz spectrum licensed to MMDS and Instructional TV Fixed Service (ITFS) users. CTIA and others in wireless industry have expressed preference for spectrum at 1.7 GHz, in part because this would be harmonized with 3G spectrum allocated elsewhere in world. Letter notes that Canada, Latin America, Europe, Japan, China and Australia plan to use or are using 1.7 GHz for advanced wireless operations.
Sens. Breaux (D-La.), Kerry (D-Mass.), Dorgan (D-N.D.), Rockefeller (D-W.Va.), Wyden (D-Ore.) and Cleland (D-Ga.) also signed letter sent to Bush Mon. “Although we appreciate the complexities involved in opening at least some of this spectrum to commercial uses, we also believe that unnecessary delays would have serious repercussions for our national economic competitiveness,” they wrote. Letter particularly called for leadership from White House on this issue and stressed need for quick action. Letter lauded Commerce Secy. Donald Evans’s past statements on urgency of 3G issues, but Senators said that specific follow-up actions are needed. “Every day of delay threatens our ability to realize this potential gain.” FCC Chmn. Powell told Evans in letter last week that additional time is needed to complete “careful and complete evaluation” of all spectrum available for advanced wireless services (CD June 28 p1).
Separately, in lunch Mon. with reporters prior to letter’s release, PCIA Pres. Jay Kitchen also stressed importance of timely decisions for 3G spectrum being allocated. But based on amount of time it takes govt. to grind its way through decisions, 3G spectrum may not be ready for deployment for up to 10 years, he said. “The wheels of government turn slowly,” Kitchen said, noting spectrum occupied by Dept. of Defense (DoD) at 1.7 GHz is particularly attractive for 3G. “It is always going to take a while to just go through the process of the government deciding that we're ready to move in the direction of moving the DoD folks.” Factors affecting timing of potential decision to move DoD out of spectrum, which hasn’t yet been made by federal policy- makers, would include moving DoD users out of spectrum, replacing hardware for military users, identifying new bands, designing and manufacturing equipment for these new bands. It could take between 5 and 10 years before those switchovers can be made, Kitchen said. Issue on which Kitchen said he hasn’t yet received satisfactory answer is what DoD does when it’s engaged in operations abroad in cases where spectrum used for operations in U.S. is already in use by in-country users. “There are a lot of questions to which there are no answers to and DoD is very capable of hiding behind the cloak of ‘classified,'” Kitchen said.
On another 3G issue, Kitchen said he supports using revenue for eventual advanced wireless services auction to underwrite costs connected to relocation of military users. “Quite frankly, I'd be in favor of taking all the spectrum revenue from the auction and using it for that,” Kitchen said. “It’s the most logical way.” Separately, Kitchen noted that U.S. Court of Appeals, D.C., ruling that will return C-block licenses to NextWave has huge ramifications for industry on spectrum front. “As to whether there’s a settlement agreement, whether NextWave builds out, I have no idea but a lot of that could depend on the kinds of restrictions the FCC decides to impose on the construction deadlines” for the licenses, which are fast approaching, he said.
CTIA Pres. Thomas Wheeler hailed letter. “Their call for bold leadership and innovative solutions involving the 1755-1850 MHz band will enable the industry to bring advanced wireless services to U.S. consumers, while ensuring the Defense Department does not compromise national security,” he said.