EDUCATIONAL GROUPS FIGHT FCC'S ITFS PROPOSAL
Groups that hold ITFS spectrum are seeking a last-minute meeting with FCC Chmn. Powell to head off a proposal that they give up 18 MHz of spectrum as part of a final rule on the MMDS/ITFS spectrum allocation, which is being circulated at the FCC for a possible June 10 vote. Sources in the ITFS community said Tues. they were caught off guard by the proposal that they give up bite size chunks of spectrum as part of the order.
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“We're doing everything we can do to talk to the FCC about this,” Patrick Grossman, chmn. of the ITFS Assn., told us, noting that the order could go on the FCC agenda for June 3, cutting off further discussions with Commissioners as early as Thurs. “We only have a few days to meet with the Commission if they're going to put this on the agenda. There has been no discussion with us. We have been in on many occasions to see the Commission. All along there was going to be no spectrum takeaway.”
“This was a rulemaking to create a forward-looking bandplan and set of rule that would allow the owners of the band and other entrants to do great things,” said Todd Gray, counsel to the group. “What they've apparently done is decided it is an opportunity to open the candy store and give away goodies at our expense.”
Under the FCC proposal, 18 MHz of spectrum would be taken from ITFS users and shifted to address 2 other spectrum needs previously identified by the FCC. While details were still emerging, sources said the FCC is expected to propose taking 12 MHz from ITFS to provide a home for MDS channels 1 and 2 in an expanded 2.5 GHz band. The Commission had slated the MDS channels for relocation to make way for advanced wireless services, but has been struggling over where to find replacement spectrum. In addition, 6 MHz from ITFS would be combined with another 6 MHz block to be auctioned by the Commission for advanced services.
The ITFS Assn., the Wireless Communications Assn., and the National Catholic TV Network filed a plan with the FCC in Oct. 2002 proposing that the Commission “deinterleave” the various allocations. Officials with both WCA and the Catholic networks also expressed concerns about the latest proposal from the FCC.
“It’s a big surprise, given the rulemaking and the language, which said there wasn’t any threat to incumbents,” said Ed Lavergne, counsel to the Catholic network. “We're very troubled by this development. The band plan took a long to put together and if you start changing things there’s a ripple effect that could have an effect on a lot of other channels.”
WCA also is expressing concerns about the development. WCA filed an ex parte Mon. on a meeting between the association and John Muleta, Wireless Bureau chief. “WCA expressed its continuing concerns regarding any approach that strips spectrum from existing licensees to be reauctioned to promote new entrants,” WCA said. “As an example, WCA raised the situation of WATCH TV Company, which is utilizing all of the MDS/ITFS spectrum in a highly-efficient manner and would suffer a significant loss of capacity were spectrum taken from it and its ITFS affiliates.”