FCC ADOPTS ORDERS PROMOTING SHARING IN ITFS/MDS, BIG LEO BANDS

As expected, the Commission approved an order adding 5 MHz of spectrum to the front end of the multipoint distribution service (MDS) and instructional TV fixed service (ITFS) band at 2.5 GHz, in addition to physically restructuring the band and proposing transition mechanisms for certain incumbents. A related order from the International Bureau (IB) adopted changes in the Big LEO band at 1.6 GHz and reallocated parts of the 2.4 GHz band for ancillary terrestrial component (ATC) operations. Both orders received unanimous approval.

The MDS/ITFS order from the Wireless Bureau (WB) expanded the existing 190 MHz band to 194 MHz (one MHz was allocated as a guard band), making room for 2 channels (6 MHz each) of MDS operations at 2496 and 2618 MHz. The new plan then divided the band into 3 parts, with the upper and lower portions designated for low power operations and the middle portion for high power services. “By grouping high and low power users into separate portions of the band, the new band plan reduces the likelihood of interference caused by incompatible uses and creates incentives for the development of low-power, cellularized broadband operations, which were inhibited by the prior band plan,” the WB said. The plan is expected to encourage one-way video transmissions and 2-way fixed and mobile broadband services, prompting to bureau to rename MDS as broadband radio service (BRS) to “reflect these new opportunities.”

The WB order also proposed to: (1) Maintain eligibility rules, limiting ITFS license eligibility to qualified educational institutions. ITFS licensees can continue to lease spectrum to BRS providers complying with educational content requirements, and existing lease agreements are grandfathered. (2) Establish a 3-year period for transition proposals within major economic areas (MEAs). Once a plan is filed with the FCC within the 3-year limit, a 90-day transition planning period will begin, during which licensees will negotiate and coordinate transitions, culminating in an 18-month period of transition following negotiations. A further notice of proposed rulemaking (FNPRM) asked for comment on adopting transition plans for MEAs where no proposals are submitted, and on whether spectrum auctions might be a way to accomplish transitions in those markets.

Though Comr. Adelstein said he was excited about the changes, he said he was disappointed that transition plans were based on MEAs: “The BRS and ITFS services are local services, and I believe that broadband deployment for the foreseeable future will be rolled out on a relatively localized basis. I am concerned that the obligation to transition an entire MEA will make it exceedingly difficult for proponents to effectuate transitions in their particular market.” WB Chief John Muleta asked the Commission to “remain vigilant” over changes made in the band: “The adage that government is getting in the way… will no longer apply. We are stepping out of the way, we are affording the industry… the great opportunity to create something valuable for our great nation by providing technical and operational flexibility… There is no longer an excuse for a lack of innovation.”

Paul Sinderbrand, attorney for the WCA, said the association was pleased with the new rules as they were “largely based” on previous proposals jointly submitted by the WCA, National ITFS Assn. (NITFSA), and Catholic TV Network. NITFSA Pres. Patrick Gossman said his association was also pleased at the results, but said the wording of the order would determine whether there were further issues to be discussed, particularly concerning transitioning of services in different areas.

Some groups, like NY3G Partnership, weren’t thrilled. NY3G expressed concern that there weren’t enough rules adopted governing the relationship between existing ITFS operations and the newer commercial MDS operations. The company said it has been blocked from deploying its planned broadband service by the Diocese of Brooklyn, and the new rules won’t help: “It is not clear at this point whether the FCC order requires the Diocese to come to a resolution with NY3G or simply engage in further talks.” A wireless source also expressed concern about sharing the spectrum with Globalstar. Despite the “huge step in the right direction,” the proposed rules don’t appear to specify who will share what and what the rules will be, the source said. A Globalstar spokesman cautioned that the wording of the order would determine Globalstar’s final reaction to sharing between the company and ITFS/MDS operations. He said it’s “our understanding that sharing is possible with fixed services. Our position has been that sharing is not possible with another mobile service, but if you know where the fixed links are, sharing is possible.”

Separately, the IB’s Big LEO order proposed that Globalstar share 5 MHz of S-band spectrum, 2495-2500 MHz, with ITFS/BRS. The order determines that S-band sharing is feasible and won’t result in harmful interference because of the likely urban locations of terrestrial wireless and remote locations of Globalstar’s code division multiple access (CDMA) system, said Jennifer Gorny of the IB Policy Div. The order also proposes: (1) A 5 MHz shift of ATC operations to 2487.5-2493 MHz. (2) Sharing between Globalstar and Iridium of 3 MHz of spectrum in the 1.6 GHz band. Gorny said the bureau was also proposing an FNPRM to consider more sharing between the 2 MSS services in the band.

Globalstar and Iridium are pleased with the Big LEO order and got what they wanted, spokesmen for the companies said. The Iridium spokesman said the company’s main concern was for additional spectrum, and it got it. He didn’t express concern that the company would have to share the spectrum with Globalstar. The spokesman didn’t specify whether the additional 3 GHz would be enough or if Iridium would request more as part of the FNPRM: “Iridium… looks at what the landscape is at the FCC. We'll go back… and see where our business is going. It’s more of a planning element.” A Globalstar spokesman said their concern was that spectrum might have been taken away from them and given to Iridium, and it wasn’t, “unless you consider sharing [to be] taking away. It doesn’t immediately hinder our ability to use the spectrum.”

Meanwhile, the IB also introduced an NPRM proposing to mandate electronic filing for all international telecom submissions. Electronic filing would become mandatory for individual forms as they became available in the bureau’s IB Filing System site, the bureau said. Nondocket filings and petitions would also come under the mandate, said Asst. Policy Div. Chief JoAnn Ekblad. Special rules would apply for filings needing confidential treatment. The bureau also proposed to allow entities to request waivers of the rule to make paper filings in some cases, she said. Comments are also requested on the issue of a transition period and whether it’s necessary for changes by applicants to their filing processes. Comments are due 60 days after publication in the Federal Register, replies 30 days later.