Compromise Elusive on EBS Lease Terms
The Wireless Communications Assn., National ITFS Association (NIA) and Catholic TV Network (CTN) are trying to resolve conflicts over the length of leases on spectrum owned by educational groups to be made available for sale in the secondary wireless broadband market. But the groups may not be able to broker a deal, onlookers said Wed.
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Last week NIA and CTN offered a compromise, but WCA said the 20-25 year lease proposed wasn’t enough (CD March 22 p11). The groups may be at an impasse, sources said.
“We have told the Commission where we are. The commercial folks have made their pitch,” Todd Gray, attorney for NIA, said: “The Commission is going to have to decide.”
“We'd hope that there remain opportunities to work with the EBS community to try to find an acceptable solution,” said Paul Sinderbrand, attorney for WCA: “We're keeping in touch, but right now there aren’t proposals floating back and forth.”
Industry and FCC sources said an order resolving EBS/BRS issues, including lease terms, could be voted out of the FCC in April, though by Wed. afternoon Chmn. Martin hadn’t begun circulating a revised rulemaking. He circulated an order late last year that eventually was withdrawn.
The main motivation seems to be an advanced wireless services auction set to start in June. The FCC hopes to decide on rules for moving BRS operators from the 2150-2162 MHz band, to make way for awards of AWS licenses before then.
“The FCC would sure like the groups to work out a solution for themselves, but I'm not sure that’s going to happen,” a regulatory lawyer said: “We're hearing they've reached a bump in the road, even if it’s not an impasse.”