FCC ADOPTS SERVICE RULES FOR LOWER PART OF 700 MHZ BAND
FCC at its agenda meeting Wed. unanimously adopted allocation and service rules for 48 MHz of spectrum in lower 700 MHz band now occupied by Ch. 52-59 TV broadcasters. Order paves way for introducing new fixed and mobile wireless operations in band as well as new broadcasting services, Commission said. Order, which covers spectrum that Congress required to be auctioned by Sept. 30, 2002, reallocates that part of band to fixed and mobile services and keeps existing broadcast allocation for new and incumbent services during transition to DTV. Spectrum being reallocated is subject to same digital TV transition target of 2006 as upper channels in 700 MHz. But because lower channels don’t have additional public safety allocation like Ch. 60-69, Commission said it wasn’t putting in place same presumptive guidelines used to expedite clearing in upper bands. Order doesn’t contain specific band-clearing rules, instead providing that regulatory requests for voluntary band clearing be considered on “case-by-case basis.”
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Service rules contain band plan that divides lower 700 MHz band into three 12 MHz blocks, consisting of pair of 6 MHz segments, and two 6 MHz blocks of contiguous, unpaired spectrum. Commission said unpaired and paired blocks were designed to allow for multiple uses of spectrum. Report and order said FCC would license 2 of three 12 MHz blocks and two 6 MHz blocks on regional basis using 6 economic area groupings. Remaining 12 MHz block of paired spectrum would be licensed using 734 Metropolitan Statistical Areas and Rural Service Areas. At end of DTV transition, analog TV service in band will cease, with remaining broadcast operations above Ch. 51 being relocated into core broadcast spectrum (Ch. 2-51). Order includes technical criteria to protect incumbent TV operations in band during DTV transition and allows lower power TV and TV translator stations to retain secondary status and remain in spectrum after transition. Order also dismisses pending petitions for new NTSC allotments in Ch. 52-59 and provides 45-day window to modify pending applications for new NTSC construction permits to provide analog or digital service.
FCC Comr. Copps said order advanced goals of promoting DTV transition and creating path for making that spectrum available for new services. “Importantly, the order furthers these goals without reducing our responsibility to conduct a public interest review of any proposed transaction that would clear an existing broadcaster from the band,” Copps said. He said he hoped spectrum eventually would be used to bring more broadband wireless services to rural Americans.
CTIA Pres. Thomas Wheeler said order “continues to labor under the conflicting constraints of the congressionally mandated auction deadline of September 2002 and the sweetheart deal that allows the current incumbents to squat on this valuable and underutilized national resource.” Wheeler called on Congress to “find the courage” to free that spectrum “from infomercials, reruns and home shopping networks so it may be available to wireless consumers.”
Aside from lack of public safety allocation in lower bands of 700 MHz, that spectrum also is seen as different from upper channels because it is somewhat less tailored for 3G services. Also, FCC officials said one major incumbent didn’t hold majority of bands, as was case in Ch. 60-69 with Paxson Communications. Instead, larger group of smaller broadcasters holds spectrum at Ch. 52-59, which generally is seen as more encumbered by broadcasters than upper band. Possible applications in lower bands include mobile wireless, wireless local loop, video and multimedia. Asked at news conference after meeting about approaching auction date, Wireless Bureau Chief Thomas Sugrue said it represented “daunting task,” but noting “the law is there” to enforce Sept. 30, 2002, deadline for proceeds being deposited into U.S. Treasury. While concerns among wireless carriers about how incumbent broadcasters will be cleared, one potential benefit of service rules is that it accommodates both large providers as well as small, rural operators. Band has 100 analog broadcasters and 160 digital stations.
Comr. Martin said he was “disappointed” by approach that order took on pending applications. Citing extent to which FCC was “asking applicants to reapply for analog licenses in the core,” he said that in many cases that would involve stations that would provide first local service in some small communities. He cited markets such as New Iberia, La., and Hampton, Va. “I think if there was more of a prospect that you would be able to be proceeding on clearing out this band, then I would feel more comfortable denying these pending applications to provide analog service,” Martin said. Because band is 4 times more encumbered than Ch. 60-69 spectrum, “it may be unrealistic for there to be clearing the band anytime soon,” he said. As result, Martin said he would have at least voted for approving analog services for local communities that now had no local broadcast service: “I am disappointed in that regard today.”