An FCC report to Congress Thurs. said 800 MHz rebanding proposals...

20 p1), Congress directed the Commission to return a year later with a report on the progress of the DTV transition and the assignment of additional spectrum for advanced wireless services. It also sought information on the implications of the 800 MHz public safety interference proceeding. “Although some commenters in the 800 MHz public safety interference proceeding have suggested the possibility of using some 700 MHz spectrum to address public safety interference issues, any such proposal would be difficult to implement because legislation would likely be required to amend the 24 MHz/36 MHz public safety/commercial split required by Section 337 of the Communications Act,” the FCC report said. “Pursuant to our existing statutory authority, we do not believe the 800 MHz proceeding should implicate the timing of the 700 MHz auctions, because substantial steps in that proceeding will be taken well before any auction date, and certainly within the next several months.” Last year’s legislation delaying the auctions also directed the FCC to specify when it planned to reschedule the lower and upper 700 MHz auctions. The agency said it planned to do so “upon or near” the completion of proceedings on advanced wireless services (AWS) and the DTV transition. “Barring unexpected circumstances, we anticipate announcing new 700 MHz auction schedules near or upon completion of the AWS and DTV proceedings,” the report said. Such rescheduling would have to keep in mind the current expiration of the FCC’s auction authority on Sept. 30, 2007, the report said. The agency told Congress it anticipates adopting service rules for the initial 90 MHz that had been made available for AWS “in the coming months.” As for 800 MHz, the FCC said some commenters, including CTIA and Cingular, had suggested that rebanding could involve removing public safety systems from 800 MHz to the nonpublic safety portion of the upper 700 MHz band. Under that scenario, the upper 700 MHz band wouldn’t be subject to competitive bidding and incumbent TV stations would be required to vacate the spectrum by a date certain. The 800 MHz public safety systems would be relocated to the upper 700 MHz and the remaining 800 MHz spectrum would be subject to competitive bidding. The report said it wasn’t prejudging the outcome of the proceeding but such a plan would require legislative action. Another plan, backed by Nextel, public safety and private wireless groups, involves rebanding at 700, 800 and 900 MHz, in part by Nextel’s giving up some spectrum in return for capacity elsewhere. The carrier also would pay $850 million to help relocate displaced incumbents. An alternative backed by CTIA, the United Telecom Council and others would rely on best practices and enforcement measures rather than relocating incumbents.