The Network for Instructional TV (NITV) asked the FCC to consider...

week that it was caught in a “triangle of unmanageable conflicts” involving the FCC’s interest in encouraging the fullest use of ITFS spectrum, a proposal by EarthLink to open parts of the band for broadband uses and educators who argue ITFS spectrum should be kept intact. NITV proposed a 4th alternative that would: (1) Let educators keep full use of the spectrum or lease options, as is the case under current rules. (2) Give educators the option of selling ITFS spectrum to commercial interests if they could demonstrate to the FCC they would use acquired funds to meet “their educational mission.” (3) Provide that 5% of any spectrum sold to the commercial sector be set aside for the continued use of the educator who held the original ITFS spectrum. “Leaving educators with only midband spectrum, as EarthLink suggests, and leaving educators potentially saddled with the entire cost of operating that spectrum, will not encourage auction participation because this approach is likely to diminish interest by educators fearful that no commercial party will provide operational support if ITFS is left only with the midband,” NITV said. The FCC adopted a proposal last year that asked a wide range of questions on how ITFS spectrum should be regulated. It sought comments on possible changes that would move away from a broadcast-style regulatory approach for ITFS and MMDS spectrum to one that would hasten the rollout of next- generation systems for wireless broadband.