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FCC Officials Say Licensed Uses of Spectrum Remain Priority

To the detriment of licensed users, the FCC isn’t focusing on unlicensed uses of spectrum, FCC officials assured carriers during a regulatory panel at the CTIA’s fall conference. Carrier officials on the panel had said the industry perceives an FCC preference for unlicensed uses. “There’s been a lot of attention at the FCC recently on unlicensed issues, Wi-Fi issues, we would say to the detriment of licensed uses,” said CTIA Vp Diane Cornell.

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Tom Sugrue, head of T-Mobile’s Washington office, said the Office of Engineering & Technology used to be viewed as a neutral spectrum broker at the Commission, but of late it’s perceived more as an advocate for unlicensed wireless. “OET has become the champion of the unlicensed space and that’s a constituency,” he said. Sugrue said wireless carriers feel they almost have fallen out of favor. “We used to be the sort of fair-haired child, we were the favorite, we were the rapidly growing,” he said: “There is a sense at least in the industry, maybe it’s paranoia, that we've lost a little bit of our edge… This other thing has come along in unlicensed, which is cute and new and so forth.” Sugrue said carriers such as T- Mobile need more spectrum to offer advanced services.

Wireless Bureau Deputy Chief Scott Delacourt said providing more spectrum for licensed uses remains important at the FCC. “We've been pretty active in the advanced wireless services (AWS) docket, trying to make… 90 MHz of spectrum into something that’s more compatible for broadband,” he said: “We've also been trying to increase flexibility, make flexibility available for licensed services, through both the secondary markets proceeding and the rural proceeding.”

OET Deputy Chief Bruce Franca cited the FCC’s work on the AWS docket, H-block and 800 MHz rebanding, all of which address licensed uses of the band. “Spectrum allocation is a fairly dynamic process,” he said: “We kind of look at it on both sides.” Franca said OET isn’t biased toward unlicensed uses. “There is nothing new about unlicensed,” he said: “The rules… have been around a very, very long time. The spectrum that they occupy, I think they'd want to trade with you guys.” Delacourt said some spectrum that has become available is simply better suited to unlicensed uses. “The Spectrum Policy Task Force noted that both models have their merits in the appropriate context and we try to be faithful to that,” he said.

Cornell said the industry was encouraged by recent comments by Comrs. Martin and Copps and others at the FCC about the need to protect licensed users from interference from “underlays,” and said the FCC should proceed cautiously in ordering those who are paying for spectrum to share it with unlicensed users.

“My boss does believe strongly in unlicensed spectrum and in creative ways of sharing spectrum, and the Commission ought to promote those things,” said Sam Feder, an aide to Martin. “The question is whether we impose them on top of already licensed bands. I think we need to be very cautious… With our secondary markets proceeding and other things spectrum holders can have underlays if they want them. I think that people who pay for their spectrum have legitimate expectations of protection from interference.”