DESPITE SUPPORT FOR 3G BANDS, KEY QUESTIONS REMAIN ON RELOCATION

FCC had sought comments on further notice of proposed rulemaking covering additional frequency bands for advanced wireless services, including mobile satellite service spectrum. Further notice inquired about possible reallocation for 3G uses of unlicensed PCS spectrum at 1910- 1930 MHz and 2390-2400 MHz, latter of which is allocated on primary basis to amateur radio operators. Other bands involved include 1990-2025 MHz and 2165-2200 MHz, allocated to mobile satellite service, and 2150-2160 MHz, to Multipoint Distribution Service (MDS).

CTIA asked FCC to reallocate immediately to advanced wireless services all of MSS spectrum not already licensed to MSS applicants. Group has petition pending at Commission for reconsideration of decision to deny CTIA’s previous request to reallocate that spectrum for other uses. Group said it wanted Commission to adopt “in this proceeding” rule that would provide that “any and all abandoned 2 GHz MSS spectrum also will be reallocated and made available for advanced terrestrial wireless services.” CTIA wants interim milestone filings by MSS licensees to be put on public notice “so that interested parties can comment on whether they have met their milestone obligations.”

Several commenters from mobile wireless interests also asked Commission to keep in mind possibility of introducing new advanced mobile and fixed services in 1710-1850 MHz, which includes 1770-1850 MHz that govt. recently essentially took out of running for 3G in immediate term. In revised assessment of 3G spectrum, focus was placed on potential use of 1710-1770 MHz and 2110-2170 MHz (CD Oct 9 p1). Full use of 1710-1850 MHz over time “also offers the benefits of global harmonization with the commercial mobile services being provided today in most countries around the world in the DCS 1800 MHz band,” CTIA said. Group said: “Indeed, given the demand for wireless and advanced wireless services, no band identified for advanced wireless services by the ITU should be removed permanently from consideration in this country.” Group said FCC would have to “continually reassess” need for advanced mobile services over time and “should recognize that it may in the future determine that certain spectrum bands which are not being efficiently utilized should be reallocated to other services.”

Verizon Wireless approached longer term allocation of 1770-1850 MHz by saying it supported use of that spectrum for advanced wireless services but it was “clear that a decision to reallocate the majority of this band cannot be made in the near term.” Verizon supported: (1) Allocating 1710-1770 MHz and 2110-2170 MHz for advanced wireless offering and implementation of rules that would “ensure their availability for commercial use in the next 3-4 years.” (2) Relocating MDS operations in 2150-2162 MHz to alternate spectrum. (3) Reallocating 2385-2400 MHz band and making it available to accommodate MDS relocation. (4) Reallocating all unassigned and “abandoned” spectrum in 1990-2025 MHz and 2165-2200 MHz MSS bands and making it available for advanced wireless services. “Rather than continue to take spectrum off the table, it is time for the Commission to identify and make available spectrum to accommodate the growth of mobile services,” Verizon said.

Wireless Communications Assn. (WCA) told FCC that so far “no compelling argument has been advanced as to why MDS licensees should be relocated from the 2150-2162 MHz band, as opposed to making the band available for possible 3G use” by giving those licensees same flexibility as agency offered in recent order for 2.5 GHz MMDS band. If Commission seeks to clear 2150-2162 MHz along with rest of bands being considered on paired basis for 3G, WCA urged it to make reallocation subject to: (1) Identifying “truly comparable” spectrum to which MDS licensees could be relocated. Options are limited to unlicensed PCS spectrum at 1910-1930 MHz, 1990-2025 MHz allocated to MSS or 2170-2200 MHz allocated to MSS. (2) Providing replacement spectrum that is full 12 MHz and “usable.” (3) Paying all associated relocation costs to incumbents, including costs of clearing spectrum and relocating MDS operations. WCA also told FCC that its relocation and reimbursement policies must be modified “substantially” to account for cost considerations never before put forward in forced relocation. Group said that for “first time” spectrum at issue was used to provide mass market service to large numbers of consumers and in some cases spectrum was being leased from licensees to system operators that provided service to end users. WCA said: “To the extent that subscribers are lost in the transition, compensation will have to be provided.”

Nokia outlined potential spectrum options that equipment-manufacturer said were “feasible” for 3G uses, with most do-able scenarios either creating in-band pairing of spectrum from 1710-1850 MHz or pairing spectrum above 1710 MHz with bands above 2110 MHz. Nokia presented 2 versions of primary option that would pair 1710-1745 MHz with 1805-1840 MHz. That “has the advantage of providing longer term global harmonization by aligning with second generation GSM 1800 frequency arrangements -- which should eventually be allowed to evolve to 3G -- used in much of Europe and Asia and some countries in the Americas.” One drawback, it said, is that in near term that arrangement wouldn’t lead to global spectrum harmonization for 3G because Europe and other countries weren’t expected to refarm 1800 MHz to 3G until after 2010. Another variation of proposal would provide larger chunk of spectrum for 3G. Second iteration of that option would be to pair 1710-1745 MHz with 1805-1840 MHz and 1755-1795 MHz with 2110-2150 MHz. “This option would provide some longer term harmonization with 2G GSM 1800 MHz pairings globally,” Nokia said. That scenario also would use “portion of the globally allocated and licensed downlink spectrum for 3G at 2110-2170 MHz, the one band that is globally available for 3G.” However, Nokia said one downside was that complexity of band-pairing here would provide challenges to equipment manufacturing.

Ericsson largely agreed with tentative conclusions reached by FCC in further notice, urging agency to take quick action on allocating more spectrum for advanced wireless services based on growing demand for applications such as short-messaging. Most “urgent” steps that Ericsson wants FCC to take in that direction include: (1) Reallocating 2150- 2160 MHz now assigned to MDS for 3G wireless services. (2) Reallocating 2165-2170 MHz now allocated but not licensed to mobile satellite service. (3) Creating new spectrum pairing of 1710-1770 MHz and 2110-2170 MHz. As for reallocation of MDS spectrum, Ericsson told FCC it should base need for MDS spectrum allocations “on actual market demand.” Company said: “In light of the recent addition of 2-way digital service to MDS spectrum, the Commission should consider replacement spectrum only if the MDS market development indicates a clear need for replacement of the channels in the 2150-2160 MHz band.” Potential replacement spectrum could be found at 2385-2400 MHz, in “abandoned” MSS spectrum below 2025 MHz or in 700 MHz bands, company said.

New ICO urged FCC that if some MSS spectrum must be reallocated for other uses, not more than 10 MHz should be put in play “to ensure that this global MSS allocation is preserved.” New ICO also stipulated that MSS spectrum should be reallocated for use only by incumbent federal govt. users who themselves may potentially be displaced from 1.7 GHz band. That would “support critical federal government operations, facilitate the entry of new advanced wireless services in the 1.7 GHz band” and minimize relocation costs of incumbents in 2 GHz, it said. Otherwise, it said, “reallocation of MSS spectrum to 3G uses would severely undermine this policy by depriving 2 GHz MSS operators of adequate spectrum, eliminating the flexibility and efficiency of the existing allocation plan.” Such reallocation to 3G also “likely could not be sustained as a rational exercise of the Commission’s rulemaking power,” New ICO warned. It would mark radical departure from agency’s 2 GHz MSS allocation policy “without any change in circumstances that can justify such action.”

AT&T Wireless also urged FCC to ensure that more spectrum was made available than just bands covered in further notice, citing agency’s previous notice that examined larger blocks of MMDS/Instructional TV Fixed Service and DoD spectrum. AT&T Wireless said 5 bands covered in further notice, which totaled 50 MHz, should be considered only additions to frequency bands already under consideration.

FCC shouldn’t reallocate any portion of 2 GHz band allocated for mobile satellite services (MSS), Satellite Industry Assn. said in comments. MSS may offer only effective means of access to communications as well as educational, medical and other information for people residing or traveling through rural areas, as well as those who are involved in natural or other disasters. SIA said preserving 2GHz MSS allocation was necessary to satisfy public needs for ubiquitous MSS and FCC should support development of 2 GHz systems. Adherence to international allocations is critical for success of global MSS systems and U.S. credibility abroad, SIA said. Reallocation of MSS spectrum for terrestrial uses wouldn’t speed up service delivery or lead to more efficient spectrum use.

Lockheed Martin (LM) wants Commission to continue interagency process now under way to examine additional spectrum alternatives for provision of 3G services in U.S., company said in filing Mon. LM supports deployment of advanced wireless services, but says exploration of options for domestic 3G spectrum should be artificially constrained by global harmonization goals and, furthermore, it opposes reallocation of MSS spectrum assigned.