Communications Daily is a Warren News publication.

FCC Paves Way for Controversial H-Block Spectrum Auction

The FCC Thurs. overrode wireless industry objections and approved a rulemaking and spectrum reallocation that will start the ball rolling toward a controversial auction of H-block spectrum, most likely within the next 2 years. The order passed 5-0 despite the vociferous objections of most wireless carriers.

Sign up for a free preview to unlock the rest of this article

Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!

Edmond Thomas, chief of the Office of Engineering & Technology, told reporters the FCC had done preliminary tests and didn’t share the grave concerns of some carriers. In a filing last week, which was mentioned by Chmn. Powell, Sprint and Nokia said use of the H-band for mobile services could lead to massive interference problems for other PCS users. FCC sources told us that while FCC did some preliminary testing at its lab in Columbia, Md., those results aren’t cited in the order. Instead, the FCC based its conclusions on its review of the data provided by industry, including the Nokia tests (CD Sept 2 p1).

“The devil is really in the assumptions,” Thomas said. “The first thing is the proximity of the interferor. The second thing is the propagation loss. The third thing is the gain of the antenna. The fourth thing is the amount of attenuation through the body… You can put those things together in such a way, and based on how you make the assumptions, you can argue that this is a disaster and it'll never work or it’s a chip shot and very easy.”

Other parties, notably Agilent Technologies and Nextel, don’t see the same risks of interference, Thomas noted. “We always have antagonists and protagonists,” he said. “Staff is very confident… this is usable spectrum and will apply the caution in the service rules, specifically in the masks, to make sure that the incumbents are protected.”

The service rules, if too restrictive, could make the spectrum almost unusable, carriers have argued. In their fight against the auction, carriers have reminded the FCC of its failed Wireless Communication Services (WCS) auction. Thomas replied: “Obviously, that’s a concern, but I believe that the answer is no. There are people right now who say it can be used for PCS… I believe it can be more generally used as well.”

“The best way to deal with these issues is to allow the marketplace to come up with… the solutions that are possible,” said Wireless Bureau Chief John Muleta: “Get it out there so that really smart people who can fix problems can actually start working on it. I don’t think the solution will be to sort of hold it back until we've sort of overanalyzed it.”

Powell and other members of the Commission expressed concerns about interference issues, Comr. Martin said: “It is critical to make sure that their legitimate concerns about interference are addressed. I too am confident that there will be a final way to do that.”

Carrier sources said they were pleased that the comrs. appeared to recognize industry interference concerns. “While we support getting this spectrum out into the competitive marketplace, the FCC has a critical role to play in protecting millions of PCS customers in adjacent bands from harmful interference,” said CTIA Pres. Steve Largent: “We're confident the FCC also appreciates this role, and are particularly encouraged that all 5 Commissioners recognize how important it is to protect consumers from interference before licensing the new spectrum for a PCS-type service.”