CTIA again urged FCC not to grant ancillary terrestrial component...

for dual-mode phones as condition of ATC, has pitched to FCC version different from CTIA’s on proposed gating criteria. Different proposals are based on what conditions MSS operators would have to meet to provide ancillary terrestrial services on MSS spectrum (CD Dec 19 p1). In filing that stemmed from Dec. 23 meeting with Comr. Adelstein, CTIA said FCC should seek comment on gating criteria before it made final decision. “This issue need not be decided by the Commission immediately, as the 2nd MSS milestone is still more than 7 months away,” CTIA said. “Hasty” decision on ATC would lead to “a morass of legal proceedings” and guarantee that spectrum would be underutilized or unused “for years to come,” group said. “Consumers would be far better served if the Commission were to reallocate and auction the 2 GHz spectrum that is licensed to MSS companies that have missed milestones or are not viable, than to grant those licensees additional terrestrial capabilities that the MSS licensees themselves have conceded will do nothing to help their profitability outlook,” CTIA Pres. Tom Wheeler said in letter to Adelstein. Group contended grant of terrestrial capability to MSS licensees must involve auction “open to all interested bidders.” FCC interpretation of ORBIT Act recognizes holds that terrestrial operations using spectrum shared with international satellite services don’t fall within competitive bidding exemption. That means Sec. 309(j) of Communications Act requires that any grant of terrestrial service be auctioned, it said. Meanwhile, Wireless Communications Assn. (WCA) told FCC that if it granted ATC in Big LEO band, agency must ensure it didn’t cause interference to terrestrial Multipoint Distribution Service (MDS) and Instructional TV Fixed Service (ITFS) operations in adjacent 2500-2690 MHz band. WCA responded to Iridium request that FCC postpone decision on whether to allow MSS licensees to offer ancillary terrestrial service in Big LEO bands of 1610-1626.5 and 2483-2500 MHz. Iridium wanted agency first to adjust Big LEO band plan to rectify what it called “spectrum inequity” between Big LEO operators that stemmed from failure of several original licensees. FCC notice of rulemaking on MSS flexible use said technical rules for protecting adjacent channel and intraband operations could be modeled on broadband PCS rules. WCA said that while those technical requirements could be starting point to limit interference from ATC, “they are not a complete solution absent the establishment of appropriate guardbands to protect MDS and ITFS usage.” WCA backed alternative band plan in recent Iridium filing that would limit ATC to 2483.5-2490 MHz, reducing potential for interference from ATC if 2490-2500 MHz were set aside as guardband protecting MDS, ITFS and ATC from interference, group said. While WCA couldn’t say with certainty whether 10 MHz guardband would protect against interference, it told FCC that it was worth “further study.”