A proposal to create 2 MDS channels for auction to new market ent...
A proposal to create 2 MDS channels for auction to new market entrants -- by taking 6 MHz of spectrum from ITFS and MDS incumbents -- can’t move forward for a vote as is, under the Administrative Procedures Act,…
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the Wireless Communications Assn. told the FCC. The Commission is reportedly vetting for its June 10 meeting a proposal to take 18 MHz of spectrum from incumbents as part of a final rule on the MMDS/ITFS spectrum allocation (CD May 26 p4). “The Commission cannot even consider the proposal that is presently before it without first providing the public with the notice and opportunity to comment mandated by Section 553 of the APA,” WCA said: “If the Commission adopts the proposal at this juncture, there is every reason to believe that appellate review would be sought and that the Commission’s creation of the new MDS channels for auction would be reversed.” WCA said the “litigation risk” of delay in the pending MDS/ITFS bandplan “is not worth taking.” Meanwhile, House Education Committee Chmn. Boehner (R-O.) wrote FCC Chmn. Powell to urge the Commission not to eliminate eligibility requirements for the ITFS spectrum. He said the spectrum should continue to be used for educational purposes. “I firmly believe that once the FCC adopts new technical rules for the ITFS it will provide elementary and secondary schools, community colleges and universities with expanded opportunities to provide innovative services including 2-way interactive video, document and data exchanges, video-on-demand, wide area networking, and high speed Internet access,” he said.