FCC EYES USE OF MSS SPECTRUM FOR TERRESTRIAL OPERATIONS

NPRM is response to proposals by both New ICO and Motient, which contend that allowing wireless ancillary terrestrial component into their satellite networks is needed to ensure economic viability of their systems and to help them reach rural consumers. FCC didn’t reach any tentative conclusions. New ICO had filed petition for 2 GHz band and Motient for operating in L- band. NPRM presented 2 scenarios that would provide MSS licensees with more flexibility: (1) Allowing 2 GHz and L-band MSS operators to provide service in areas where MSS signals were attenuated by integrating terrestrial operations with their networks using assigned MSS frequencies, along lines of what New ICO and Motient proposed. (2) Opening parts of 2 GHz and L-bands for any operator to provide terrestrial services that could be offered alongside MSS or as alternative mobile service. NPRM also sought comment on whether those preliminary approaches for terrestrial operations at 2 GHz could be adopted for satellite operators in big Low Earth Orbit (LEO) bands. “Mobile satellite communications have the potential to deliver broadband communications to rural, unserved and underserved areas, but only if the systems are robust enough to deliver quality services at reasonable prices,” said Breck Blalock, deputy chief of FCC International Bureau’s Planning & Negotiations Div. NPRM was drafted to create record on proposals made by Motient and New ICO, he said.

Notice asked whether offering ancillary terrestrial service would enhance commercial viability of MSS operations or services targeted to rural customers, Blalock said. Under scenario in which Commission would allow satellite operators in those bands to offer terrestrial services, it asked how it could ensure it remained “truly ancillary to mobile satellite service,” he said. As example, notice asked whether FCC should restrict authority to offer ancillary terrestrial services until mobile satellite operator’s satellites provided service to all 50 states “100 percent of the time.” If agency ultimately gave nod to terrestrial use, notice asked about: (1) Licensing requirements for ancillary terrestrial use by MSS operators. (2) Technical rules on protection of other spectrum users, specifically adjacent channel and intraband operations as well as limitations on tower heights and transmission powers. (3) Relocation and reimbursement of incumbent broadcast auxiliary services.

Further notice “identifies some additional spectrum that potentially provides further flexibility for the Commission for putting together a 3G reallocation plan,” Wireless Bureau Chief Thomas Sugrue said. FCC said point of further notice was to explore spectrum options “that would complement, rather than substitute for,” alternatives already identified for 3G. Item outlined bands for possible advanced wireless services use that weren’t part of FCC’s notice of proposed rulemaking on potential 3G bands released earlier, said John Spencer, senior attorney.

Four spectrum blocks on which Commission seeks comment on possible reallocation for advanced wireless services are: (1) Unlicensed PCS spectrum at 1910-1930 MHz. (2) 2390-2400 MHz, which is allocated on primary basis to amateur radio operators and also designated for use by unlicensed PCS developers under Part 15. Notice solicits feedback on possible reallocation of amateur radio services. (3) Bands of 1990-2025 MHz and 2165-2200 MHz, which are allocated to MSS services and recently were licensed by International Bureau; reallocating 10 to 14 MHz of remaining 14 MHz that weren’t part of licensing order; reallocating that spectrum to new advanced wireless services or whether it should be used for MSS expansion; reallocating “some additional spectrum later if authorized MSS operators either surrender spectrum or fail to meet progress milestones,” Spencer said. (4) 2150-2160 MHz, which is allocated to Multipoint Distribution Service and increasingly used primarily for uplink transmissions from subscriber locations to carrier receivers, “particularly to provide high-speed data service,” Spencer said. Comment is sought on possibility of relocating these incumbents. In general, further notice seeks feedback on additional spectrum clearing options, he said.

On NPRM on potential flexibility for MSS spectrum, Powell said: “This is another one of those items that increasingly is demonstrating the regulatory effects of convergence, in which increasingly innovators are coming up with even more creative ways to provide services.” MSS spectrum issue and flexibility options had been addressed by both Wireless and International bureaus at FCC. Powell pointed to extent to which regulators had been called in such situations to “apply differing regulatory approaches to similar sets of services.” He said: “This is going to continue to be a difficult set of issues for the Commission to deal with.”

Both CTIA and New ICO lauded extent to which NPRM marked “first step” toward more flexible spectrum use. “In an environment of scarce spectrum, allocations should be determined through the auction process, which will guarantee funds for the U.S. Treasury and ensure robust competition,” CTIA Pres. Tom Wheeler. He said NPRM considers reallocation of 10-14 MHz of MSS spectrum “and the possible reallocation of the full band.” Wheeler also encouraged FCC to enforce milestones for incumbents in band.

“The outcome of this proceeding may determine whether citizens in rural parts of the U.S. and world receive access to broadband communications services,” New ICO CEO Craig McCaw said. “Our satellites are built and if the FCC gives our proposal the green light, we'll move forward aggressively to make the necessary final technical modifications to our satellites to begin service.”