INCUMBENTS CAUTION FCC ON PENDING 3G SPECTRUM PROPOSALS

Report outlined way to clear total of 90 MHz for advanced wireless services, including 1710-1755 MHz used by DoD and 45 MHz of 2110-2170 MHz, which is occupied by non- govt. users. This totals less than 120 MHz that NTIA and other agencies left on table last year for 3G assessment, after taking 1770-1850 MHz used by DoD out of consideration. In part, plan would allow Pentagon to use 2025-2110 MHz on co-equal primary basis with incumbents, which include electronic newsgathering operations used by broadcasters in BAS spectrum.

ICO Global Communications raised concern that NTIA report suggested 1990-2025 MHz as alternative for relocating displaced MDS operations at 2050-2062 MHz. Specifically, ICO cited recent proposal by BellSouth and other MDS operators that they could move from 2150-2162 MHz band to 1910-1916 MHz and 1990-1996 MHz. In comments on report filed late last week, ICO argued there’s no basis to relocate any part of 1990-2025 MHz for displaced MDS licensees. ICO complained proposal “would wreak havoc on 2 GHz MSS systems that have been designed and constructed in reliance on existing service rules and technical requirements and would further compromise the international allocation of the 1980-2010 MHz band to MSS.” ICO said it instead would prefer that 45 MHz in 2.1 GHZ band come from 2110-2150 MHz and 2160-2165 bands. ICO disagreed with MDS operators contention that 1990-1996 MHz hasn’t yet been licensed for MSS and is likely to be orphaned because it is paired with 2165-2170 MHz MSS downlink that FCC has proposed to reallocate for 3G.

NAB and MSTV told FCC they didn’t oppose idea of relocating some federal operations to BAS band as long as broadcasters and viewers aren’t deprived “of essential BAS services.” NTIA report proposed making spectrum available by relocating DoD ground stations at 1710-1755 MHz to 2025-2110 MHz, which used by BAS and limited amount of space science research. Broadcasters touted BAS as “critical link” to provide breaking news and emergency information. They said broadcasters extensively use full seven 2 GHz BAS channels for electronic news gathering, special events coverage, including blimp shots, as well as studio-to-transmitter links and inter-city relays. Round-the-clock coverage following Sept. 11 attacks was “made possible largely by broadcasters’ effective sharing on a nationwide basis of 2 GHz BAS spectrum.” Broadcasters said NTIA report doesn’t provide enough information to fully assess impact that DoD ground stations would have on BAS stations. Ground stations usually have protected area around which other communications services can’t operate because of potential to cause harmful interference. Exclusion zone of 5 km wouldn’t have significant impact on BAS operations in area such as central Fla., but protection zone of 250 km would essentially preclude BAS operations in most of central Fla., they said. Filing also said it could pose problem if DoD sought to meet future mission requirements by adding stations to 2 GHz band or changing technical or operational requirements for existing ground stations. “The joint broadcasters strongly caution both the FCC and NTIA against viewing the 2 GHz band as a dumping ground for a wholesale relocation of DoD ground based systems,” filing said. Broadcasters said relocation of DoD ground stations to BAS spectrum should be based on limited number of military ground stations that would operate there, full disclosure of operating and technical parameters and assurances that BAS and other incumbents wouldn’t be disrupted.

MDS incumbents BellSouth, Nucentrix Broadband Networks, Sprint and WorldCom acknowledged in comments that clearance of 2110-2170 MHz for 3G will mean relocation of MDS operators from 2150-2162 MHz. But they said that NTIA report provides few details on how this could be accomplished. Compromise plan they floated to clear this band and move incumbents to 1910-1916/1990-1996 MHz involved less-desirable replacement spectrum but was contingent on removing regulatory uncertainty over their operations, filing said. MDS operators said they were concerned that NTIA report suggested FCC would start rulemaking for allocation and service rules that would make 45 MHz available in 2110-2170 MHz available for 3G. “Even if conducted on an expedited basis, the time it would take to conduct a new notice and comment rulemaking proceeding would undermine an essential predicate to the compromise,” filing said. FCC raised possibility of reallocating 2150-2162 MHz for 3G in Dec. 2000 notice of proposed rulemaking and in Aug. 2001 further notice. So MDS compromise plan could be put in place without launching new proceeding or issuing 2nd further notice, incumbents said.

Common theme of many wireless industry commenters was that NTIA report’s proposed 90 MHz for advanced wireless services was good start but won’t be enough for ultimate requirements of carriers. Many wireless filings particularly stressed need to eventually make 1755-1770 MHz that isn’t covered under NTIA assessment available for 3G. Future allocation of 2155-2170 MHz paired with 1755-1770 MHz “to the extent it could be made available would provide an ideal supplement to the 90 MHz of spectrum that is being recommended for reallocation now,” Verizon Wireless told FCC. To this end, FCC needs to adopt contiguous allocation of 2110-2170 MHz, possibly by pairing 1710-1755 MHz with 2110- 2150 MHz and 2160-2165 MHz. Verizon also noted that NTIA proposed that 2025-2110 MHz be made available to support DoD space operations, meaning that relocation of satellite control frequencies from 1755-1850 MHz would make more spectrum available for other military uses. “While it is not yet clear whether the spectrum made available above 1755 MHz through the relocation of DoD space operations to 2025-2110 MHz would be needed for other DoD uses or could be made available for commercial services, Verizon Wireless believes that making the 2025-2110 MHz band available for DoD space operations now is in the public interest,” carrier said.

Motorola noted 90 MHz would be insufficient to meet demand for 3G services, and that even allocating full 120 MHz at 1710-1770 MHz and 2110-2170 MHz wouldn’t be enough. “Motorola’s estimate that 160-200 MHz of additional spectrum is needed to meet the demand for 3G services by the end of the decade is in line with industry estimates,” company said. Because only 45 MHz is now being made available at 1.7 GHz -- 1710-1755 MHz -- Motorola said supports delaying assignment of 15 MHz of 2110-2170 MHz by auction until FCC “allocates an additional 15 MHz of spectrum to create a symmetrical pairing.” Motorola said 1755-1770 MHz is most logical option for this pairing, and NTIA and DoD should resolve issues that now preclude freeing this block for 3G. Ericsson also highlighted need to pair 1755-1770 MHz with 2155-2170 MHz, again recommending that this block of spectrum at 2.1 GHz be held in reserve until remaining 1.7 GHz block can be released. Decision involving this pairing “is needed in a relatively short time frame to address the market demand and to create the necessary regulatory environment to encourage investments,” Ericsson said. CTIA also flagged 1755-1770 MHz as eventual candidate band for 3G, paired with 2155-2170 MHz. While NTIA report highlighted making certain commercial bands available for relocated govt. users, including 2385-2395 MHz and 2025-2110 MHz, converting such bands to govt. use isn’t necessary to reallocate spectrum at 1710-1755 MHz, CTIA said. But group said it doesn’t object to having this spectrum reallocated. It cautioned against any work that FCC does on these bands not holding up rulemakings that would set service rules for 3G spectrum in 1.7 GHz and 2.1 GHz bands.

Sirius Satellite Radio and XM Radio argued that any DoD incumbents relocated to 2360-2395 MHz or nearby bands should not interfere with satellite radio operations in 2320-2345 MHz. NTIA report cited possibility of DoD airborne operations relocating to 2360-2395 MHz by Dec. 2008. Other potential relocation spectrum options include 1755-1850 MHz or 2385-2395 MHz. Sirius and XM sought assurances that DoD relocations to 2360-2395 MHz not interfere with their satellite radio operations and that satellite radio licensees aren’t subject to new coordination obligations with users relocated to band. “The potential interference to satellite radio from aeronautical operations is particularly acute as satellite radio receiver antennas are predominantly located on the roofs of automobiles in order to have a clear line of sight to SDARS satellites,” Sirius and XM said, meaning antennas will also be in line of sight of aircraft. To guard against interference to SDARs, Sirius and XM urged FCC to adopt same out-of-band emission limits for potential new govt. operators in 2360-2395 MHz band that now apply to Wireless Communications Service licensees operating in 2305- 2320 MHz and 2345-2360 MHz.