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FCC HOPES TO TACKLE FIXED BROADBAND SPECTRUM

The FCC has started to circulate a proposal to reform the MMDS/ITFS spectrum allocation, with an eye to a vote at the June 10 meeting. The proposal is viewed as significant since it could open up 190 MHz of spectrum in the 2500-2690 MHz bands for mobile broadband. The FCC has also started to circulate for a potential vote a petition for reconsideration of one section of the Triennial Review Order (TRO) and a rulemaking on the Big LEO satellite band.

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The MMDS/ITFS proposal is particularly controversial. Comr. Copps is on record as deeply concerned about it. In 2003, when the FCC released a rulemaking on opening the MMDS/ITFS bands, Chmn. Powell said the “opportunity is monumental.” Powell observed at the time that the 190 MHz of contiguous spectrum in play “is more than double the 83 MHz that spurred the development of Wi-Fi at 2.4 GHz” and is “roughly equal to all spectrum currently devoted to terrestrial, mobile wireless.”

Interest in the spectrum has grown in recent months. Cellular pioneer Craig McCaw has been quietly buying up spectrum in the band since last year through a company called Flux U.S. McCaw hasn’t disclosed his plans.

Andy Kreig, pres. of the Wireless Communications Assn., acknowledged that drafting an order has been complicated. WCA, with the National ITFS Assn. and the Catholic TV Network, originally asked the FCC to revise its rules in the area. “WCA is pleased that the proceeding is moving toward an imminent conclusion,” Kreig told us: “Although we do not know all of the details, we trust that the final decision will be fair to incumbent stakeholders that have spent billions of dollars to date, and will rely on the active MDS/ITFS secondary market to provide new entrants with access to spectrum.”

The wireline item is expected to take on petitions filed by Verizon, BellSouth and others, asking the FCC to clarify that fiber deployed to multiple dwelling units be treated the same as fiber to single family homes. Competitive local exchange carriers in general have asked the FCC to stick with the definition in the TRO.

FCC officials wouldn’t discuss the Big LEO item that reportedly is on the agenda because they said they don’t comment on open proceedings. But the Commission did adopt an NPRM concerning the Big LEO band last year in connection with its decision on the mobile satellite service (MSS) ancillary terrestrial component (ATC) decision (CD Jan. 31/03 p1). The NPRM proposed that changes may be appropriate because of the surrender of some licenses, “changing traffic patterns and consumer demands.” The Commission asked for comments on the original plan, Iridium’s request for more spectrum and other uses for the spectrum.