After 5-Month Delay ITFS Rebanding Moving Forward
Nearly 5 months after it was adopted, the FCC is about to publish in the Federal Register its long-awaited order promoting provision of wireless broadband on spectrum previously set aside for educational channels. The FCC approved the ITFS-MDS rebanding order June 10 amid much fanfare. The Commission last week approved an erratum sought by the Wireless Communications Assn. making clarifications and launching the rebanding process.
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Todd Gray, counsel to the ITFS Assn., said Thurs. the group was “anxious” for the FCC to publish the rule: “We are obviously looking forward to the eventual transition to the new bandplan, but we have to have new rules.” Gray said ITFS interests and small carriers are likely to file a petition for reconsideration questioning how large an area an operator must address to negotiate the transition to new spectrum assignments in the restructured band.
The order requires MSA-level transitions. While that may suit large carriers or companies like Clearwire seeking widespread presence (CD Oct 26 p7), Gray said smaller players want to “transition” smaller areas. For example, he said, to set up a system in Richmond, Va., operators may not want to have to oversee the transition of all of N.C. “There are some matters in the report and order we're going to probably need to address on reconsideration,” he said. “With the exception of the parts requiring transition based on MSAs, I think a lot of things aren’t going to be earth-shattering.” Gray added his group has many more concerns about the rulemaking attached to the order.
An official representing operators said WCA was largely satisfied with last week’s erratum. “They did all that we asked them to do,” the source said. “The most important thing is to adopt technical rules to apply during the period during the transition to the new bandplan. They've done that.” The source said the relatively long period between release of the order and expected publication likely hasn’t slowed many business deals. “Certainly, this may have slowed a few deployments, but by and large I don’t think it’s had a serious effect,” the source said. “This was a pretty routine matter.”
“The good news is that within 30 days, licensees will be able to take advantage of the geographical licensing rules and bring their services to market more quickly without the need to wait for prior FCC approval,” said Stephen Coran, an attorney who represents ITFS clients. “Given that many systems will be transitioning from video to wireless broadband service over the next few years, it’s important for the FCC to state what level of service will be sufficient to justify license renewal. Rural operators are also concerned that the transition opt-out rules may inhibit their ability to continue providing video services.”
“We're deeply gratified at this progress, with each of these regulatory steps a necessary pre-condition to what we all eagerly seek: Deployment of advanced services in this band,” said Andrew Kreig, pres. of WCA.
In June, the FCC approved a report and order revising some rules, and a notice of proposed rulemaking looking at further potential changes. In the order, the FCC said that through the revised rules the Commission makes “[s]ignificant progress towards the goal of providing all Americans with access to ubiquitous wireless broadband connections, regardless of their location."