CTIA, WCA Have Major Disagreements on BRS Relocation Rules

The FCC designated the 2155-2175 MHz band, occupied by BRS and fixed microwave service licensees, for AWS and sought comments on the incumbents’ efficient relocation to alternative spectrum (CD Sept 30 p5). The relocation rules the agency proposed largely follow the approach it used in the Emerging Technologies proceeding governing the relocation of point-to-point microwave licensees by PCS auction winners.

CTIA urged the FCC to adopt a fixed 15-year sunset date for BRS relocation, after which new licensees wouldn’t be required to pay relocation expenses. “Such a sunset date ensures that the transition will be completed by a date certain,” it said. But WCA argued such an approach would be unfair to BRS operators, since AWS licensees could delay deployments until after the sunset, forcing BRS licensees to pay for their own involuntary relocation. Instead, WCA asked the FCC to require AWS auction winners to fund the BRS system relocation to comparable facilities “no later than 10 years following the grant of its AWS license, if relocation has not otherwise occurred.”

Like in the 800 MHz rebanding proceeding, WCA said, BRS licensees should be responsible for deploying comparable facilities on the replacement spectrum. No need exists for a transition administrator, given the limited number of BRS relocations, it said, but to avoid delays, the FCC should require that the relocation be completed no later than 24 months after the end of unsuccessful negotiations. But CTIA said in an involuntary incumbent relocation, the relocating party must build new facilities at the relocation frequencies and demonstrate comparability to the old facilities. The relocating party should also guarantee payment of all relocation expenses, CTIA said.

WCA and CTIA agreed BRS operations should be afforded system-by-system relocation rather than piecemeal relocation of discrete end user stations. The groups have similar, although not identical, views on a technical standard used to determine whether an AWS auction winner must relocate a BRS licensee.

CTIA urged the FCC to use the rules adopted in the Emerging Technologies as a foundation with “only minimal modifications” in the areas of: (1) Transition plan. For example, it said, to protect BRS and AWS licensees from interference, a “relocation zone” should be established requiring any AWS licensee willing to deploy within the line of sight to a BRS hub station to relocate the BRS systems and its customers. BRS licensees should be required to file data on their relocation needs and costs before the AWS auction to enable new entrants to assess the licenses cost. (2) Negotiation periods. (3) Comparable facilities. (4) Licensee eligibility. (5) Sunset date. CTIA also said it supports the harmonization of the FS and BRS relocation rules and the establishment of a clearinghouse to “ensure the equitable implementation of the Commission’s cost sharing rules as applied to the BRS and FS relocation.”

TMI/TerreStar urged the FCC to authorize MSS and MSS- ATC authority holders to obtain reimbursement from AWS licensees for the cost of relocating FS links under the same clearinghouse rules applicable to AWS licensees seeking reimbursement. CTIA said it, in partnership with Comsearch, wants to be considered a clearinghouse candidate. But TMI/TerreStar believes clearinghouse oversight should be delegated to the FCC International and Wireless Bureaus “given the multiple services involved.”

WCA said adoption of the FCC’s proposed rules would “prove fundamentally unfair” to the incumbents. The group proposed that: (1) AWS auction winners may, after a fruitless 3-year mandatory negotiation period, require at its expense incumbents’ involuntary relocation to comparable facilities, but they can’t deploy any facilities that may interfere with BRS operations. (2) “No restrictions should be imposed” on the ability of BRS licensees to expand their operations, nor should AWS auction winners be freed from responsibility to pay for later relocation of expanded facilities. (3) BRS channel 1 and 2 licensees and lessees should have the same right of self-relocation as point-to-point microwave licensees under the initial Emerging Technologies rules. But AWS auction winners should reimburse relocation costs along the lines adopted for the 800 MHz rebanding. (4) AWS auction winners should be required to fund the refarming of broadcast auxiliary service channel A10 from the 2496- 2500 MHz band. (5) AWS auction winners should be required to reimburse the “transition proponent” for the pro rata transition costs related to BRS channels 1 and 2.