NEXTEL, SPRINT FILE ALTERNATE ITFS/MMDS PLANS

“We're in a stage of don’t call us, we'll call you,” one ITFS source said Tues. “I've not heard from anyone at the FCC, and I'm not heard of anyone on the commercial or education side who has.” “It has been completely quiet,” a 2nd source said: “We've done everything we can do. We made the best case we can.” Sources said the order will be a massive document that could take several weeks after the meeting for the FCC to finalize and industry some time to digest. Several sources said, given the number of meetings held last week, the Commission is eager to vote out the item and not put it off.

Sprint officials said Tues. they supported the Wireless Communications Assn.’s original proposed bandplan, but Sprint’s proposal takes into account recent concerns at the FCC about carving spectrum out of the ITFS allotment to make room for MDS Channels 1 & 2. “We're trying to work within the bandplan and accommodate Channels 1 & 2,” the official said.

Sprint officials said in filings they met with Comr. Abernathy and aides to Chmn. Powell and the other commissioners, to make its case that the FCC shouldn’t “strip” spectrum from existing licensees to make room for auction of new MDS channels. Sprint said any plan must provide a 2-MHz separation between the MSS ancillary terrestrial component (ATC) that currently exists, and ensure that there are no new restrictions on ITFS licensees.

Monsignor Michael Dempsey of the Catholic TV Network, Patrick Grossman, chmn. of the National ITFS Assn., and Todd Gray, its gen. counsel, met with Comrs. Copps, Martin, and Adelstein. The groups also reported other meetings with various legal advisers as release of the sunshine notice approached. The groups also met with Chief John Muleta and other Wireless Bureau officials to express their anxiety. The associations noted they understood the FCC was looking at a “sunset provision” for ITFS eligibility requirements: “We are adamantly opposed to any sunset provision or presumption that eligibility should go away because it would create further uncertainty.” The associations also said that while the use of 4 MHz transition bands was “feasible,” FCC also must mandate a requisite noise floor “under all circumstances.” The groups said they wouldn’t oppose a further rulemaking, but it should be “limited to evaluating ways to enhance the use of ITFS for the benefit of education” and must not “reopen the question of whether eligibility itself should be kept in place.”

Wireless entrepreneur Craig McCaw and other officials from his company Clearwire, which has announced plans to build a wireless broadband network, met with Abernathy and Adelstein to discuss concerns based on expectations for the order. Clearwire supported a spectral emission mask from PCS, Sect. 24.238 in the 2.5 GHz band. “Clearwire believes that adoption of the PCS special mask for the MDS/ITFS spectrum will accomplish a number of goals,” Clearwire said: “First, it ensures consistency in the Commission’s technical rules across varied wireless technologies. Second, it ensures lower cost availability of common components for different spectrum bands.”

Exec. Vp Sean Maloney and communications policy Dir. Peter Pitsch of Intel reported meetings June 3 with Martin and Adelstein and other legal advisors. The filing said they made clear “Intel’s belief that ITFS licensing should be permitted to sell out to commercial interests. This approach appropriately balances ITFS and educational interests with the consumer and larger public interest benefits to be gained from dramatically improving the use of this valuable spectrum.”