EVANS WANTS NTIA, FCC TO DRAW UP 3G PLAN WITH FLEXIBLE TIME
Commerce Secy. Donald Evans told FCC Chmn. Powell that with “additional time” NTIA should work with Commission to develop “a new plan for the selection of 3G spectrum.” Evans wrote: “The aim will be to build upon the good work already done and to develop and execute the new plan as quickly as possible.” Evans said he was asking that the work be done in coordination with other Executive Branch agencies, including National Security Council, National Economic Council (NEC), Office of Management & Budget, Defense Dept. Evans said in letter that he was urging participants to consider ways to “achieve flexibility” on statutory auction dates if flexibility was needed to implement plan. Letter appeared to be response to Powell letter last month outlining Commission’s plans to delay spectrum allocation decision for 3G that had been due this month under timeline set in White House executive memorandum last fall (CD June 28 p4).
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Several sources indicated Fri. that letter calling for new plan to be worked out between FCC and NTIA didn’t appear to herald strategic shift by Evans. Rather, sources said, he appeared to be calling for all parties involved to sit down at table and hash out spectrum discussions under more flexible timeline than that in executive memorandum. “The American people expect a solution that will enhance our position as a world leader in commerce and technology while ensuring that our national security needs are met both today and in the future,” Evans wrote. CTIA Pres. Thomas Wheeler, hailing letter as “good news,” said “Secretary Evans should be commended for his willingness to consider every option - - including the flexible auction dates -- needed to implement the right spectrum plan for America.”
Letter came in advance of House Telecom Subcommittee hearing set for Tues., at which NTIA Office of Spectrum Management Dir. William Hatch is among agency officials expected to testify. Industry source said Evans’ letter appeared to be signal “to give everybody more time to dig down on issues” related to 3G. Source said 3G spectrum policy had gained increased attention in last few months at White House staff level, with more working group meetings to discuss spectrum issues including members of National Communications System and NEC.
Meanwhile, steady stream of ex parte filings has continued at FCC, including parrying between stakeholders on where additional spectrum for 3G should be drawn. Countering requests to govt. by Instructional TV Fixed Service (ITFS) and MMDS licensees, Verizon Wireless asked FCC to not take those bands off table for consideration as part of upcoming 3G decisions. ITFS and MMDS licensees have asked federal policymakers to provide certainty to their industry by removing 2.5 GHz band from consideration, noting that FCC report on spectrum indicated that segmentation or sharing options wouldn’t be viable to make way for 3G users. “Until the Commission has devised a plan for accommodating the needs of advanced mobile services, it is extremely premature for it to eliminate any spectrum bands from consideration, particularly bands that have been identified worldwide for 3G use,” Verizon Wireless told FCC Chmn. Powell in July 13 letter. Position puts Verizon Wireless at odds with companies such as Sprint and WorldCom, which have asked that 2.5 GHz be taken out of consideration from 3G decisions. “Verizon Wireless remains committed to working with government and industry to develop a 3G band plan based on the 1710-1850 MHz band as the primary band,” carrier told Powell. “However, in the event that the 1755-1850 MHz band cannot be reallocated for commercial use, the Commission must consider other spectrum options, including the 2500-2690 MHz band currently licensed to MDS/ITFS.”
In another ex parte filing, Motorola asked FCC to hold off on making final allocation of 2385-2390 MHz. That slice of spectrum is part of pending FCC proposal that would allocate 27 MHz in several bands to nongovt. from govt. uses. Coupled with unlicensed spectrum in middle of PCS band at 2390-2400 MHz, that would provide 15 MHz “potentially for accommodation of federal government spectrum users currently in the 1710-1850 MHz band,” Motorola told FCC July 18. Govt. has been considering 1.7 GHz band now occupied mostly by military users as candidate band for deploying advanced wireless services such as 3G. Other main swathe of spectrum under consideration is 2.5 GHz now occupied by Instructional TV Fixed Service and MMDS licensees. Motorola said FCC planned to issue further notice of proposed rulemaking to address other pieces of spectrum to be considered as part of 3G decisions. Industry observers have anticipated that unlicensed spectrum in middle of PCS band would be covered under upcoming further notice (CD June 11 p2). Motorola said 2385-2390 MHz “has not received particular support from potential users.” Aerospace & Flight Test Radio Coordinating Council has asked FCC to protect that 5 MHz for flight test operations in several locations. Motorola also noted that MicroTrax had rejected use of that spectrum for its personal location and monitoring service due, in part, to reimbursement requirements for displaced federal users. “Therefore, it is clear that no parties would be adversely affected by the Commission postponing final action on this band” and deciding to consider it as part of further notice, Motorola said. Company told FCC that one current military use for 1.7 GHz was air combat training. “Such use should be compatible with the aeronautical telemetry use of the 2360-2385 MHz band,” Motorola said.