FCC DENIES PETITIONS FOR RECONSIDERATION LINKED TO 700 MHZ BIDS

“Granting these applications would result in substantial consumer benefits with little or no harm to the digital transition or the ability to auction the spectrum at issue,” Martin said. “Indeed, had these applications been granted, 9 communities would have their own local channels for the first time.” He said it was his understanding that only 16 pending applications were “grantable” from technical perspective and they were in areas that already were encumbered. With 100 analog and 165 digital stations in operation, lower 700 MHz band already is 4 times more encumbered than upper band, he said, so impact of granting several of those applications would have been minimal and it would have been in public interest to do so, he said.

Commission affirmed earlier decision to adopt uniform maximum power limit of 50 kw for services in lower 700 MHz and left unchanged out-of-band emission limit to address interference that might result from 50 kw operations to systems on adjacent channels. Access Spectrum had proposed that FCC reduce power limits in upper portions of lower 700 MHz band. Concern of Access Spectrum, which holds guard band licenses at 746-747 MHz, is that interference mitigation measures in original order don’t adequately protect guard band operations from interference from high-power base stations. In rejecting that petition, order said FCC had adopted general rules that protected all adjacent channel licensees, whether they were operating in lower 700 MHz band or in lower part of upper 700 MHz band.

Order turned down petition for reconsideration by Office of Chief Technology Officer of D.C. govt. That office had argued that public safety users should be allowed to obtain lower 700 MHz licenses under auction exemption for public safety services under Sec. 309(j) of Communications Act. D.C. govt. had asked FCC to confirm that Part 27 service rules for lower 700 MHz band allowed public safety eligible entities to apply to provide “private, internal communications services in spectrum without participating in an auction.” D.C. govt. office had cited U.S. Appeals Court, D.C., decision last year that ruled on auction exemption for noncommercial educational broadcast stations. D.C. govt. contended that based on that ruling, eligible public safety providers could not be compelled to bid for lower 700 MHz spectrum used for private internal radio services. Order issued by FCC Mon. held that ruling didn’t alter its determination that public radio services exemption under Sec. 309 didn’t apply to lower 700 MHz band. D.C. Circuit had concluded that Sec. 309 exemption exempted noncommercial educational broadcasters from participating in auctions for broadcast spectrum, whether or not it had been reserved for noncommercial educational use. But public safety radio services exemption in Sec. 309(j) doesn’t refer to ultimate recipient of license, FCC said.

Band plan and geographic scope of licenses had been challenged by Spectrum Exchange, which is developing private market mechanism to ease 700 MHz band clearing through secondary auction. Spectrum Exchange had argued at FCC against use of MSAs and RSAs to license C-block portion of lower band. It had contended that choice of MSA/RSA licensing was inconsistent with FCC provisions to facilitate band-clearing in Ch. 59-69. Commission said: “While the Commission identified the early clearing of incumbents as an upper 700 MHz band consideration that would also be important in the lower 700 MHz band, it does not follow that removing potential obstacles to band clearing on Channel 59 should be the overriding objective of our service rules for the lower 700 MHz band.” Ability to license band for wide array of applicants and services outweighed “the potential that this band plan may present some obstacles to clearing Channel 59,” order said.