Motorola, Intel Say WCS Operators Deserve More Time to Build Out Systems
The FCC should grant a request by Wireless Communications Service (WCS) license holders asking for a delay in build out deadlines for companies that want to offer broadband wireless at 2.3 GHz, until several areas of uncertainty are resolved by the agency, Motorola and Intel said in a filing. But Sirius urged the FCC to take the spectrum back and reopen the band for other uses. WCS spectrum was sold by the FCC in a 1997 auction for what was considered a disappointingly low $13.6 million.
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Current WCS license holders -- including AT&T, BellSouth, Sprint Nextel and NextWave Broadband -- face a July 2007 deadline for substantially building out their networks using the spectrum. But the operators have done little to offer service. The problem is 2-fold, the WCS operators told the Commission in a series of filings. They're reluctant to invest in equipment because of fear the equipment it will become obsolete as WiMAX or another standard takes hold. Second, the FCC hasn’t completed long- delayed rules for digital audio radio service (DARS) repeaters that XM and Sirius use to extend their reach, carrying signals into areas without direct line of sight with a satellite.
Motorola told the FCC WCS operators want to offer service but still face too much uncertainty. “While WCS Coalition members have deployed a variety of limited fixed service systems, the technical uncertainty surrounding the band has stymied larger-scale deployments,” the equipment maker said. Uncertainty over interference rules for DARS repeaters in particular “has led to technical uncertainty regarding the interference environment which WCS operations will ultimately face, making it difficult for WCS licensees to design their networks and for equipment vendors to design and build equipment,” Motorola said.
Motorola said the companies are wise to wait since standardized equipment will lead to lower equipment costs, more competition among vendors and greater certainty that equipment will remain available.
Intel agreed the FCC must resolve DARS issues before WCS operators will invest in wireless networks. Unless appropriately regulated, “the operation of terrestrial DARS repeaters can cause harmful interference to WCS operations,” Intel said: “The continuing lack of permanent rules for terrestrial DARS repeaters has effectively rendered it impossible for WCS licensees to develop and implement wireless broadband networks that provide the ubiquitous, fast, and reliable service that consumers demand.”
Sirius urged the FCC to take the spectrum back if WCS companies don’t deploy as required by rules for the spectrum. Sirius said the WCS owners themselves are to blame for delays in developing repeater rules. “The delay in completing DARS repeater rules stems from intractable opposition by the WCS licensees themselves,” Sirius said; “Employing the argument here is the regulatory equivalent of killing one’s parents then begging for the mercy due an orphan.”
XM agreed with Sirius that the WCS arguments are flawed: “The absence of final rules for facilities operating in an adjacent frequency band and the failure of equipment manufacturers to produce mobile wireless broadband equipment for the band - fail to justify the proposed waiver request.” NAB said the WCS arguments make clear the need for the FCC to finalize DARS rules.
A source who represents WCS license holders said he was optimistic the FCC would grant the extension request. “We've advised the FCC… that there is some equipment available to do a buildout, and that most carriers will meet the safe harbors if no extension is granted, but that resulting networks will not serve the public as well as the WiMAX standards-based networks that are envisioned if an extension is granted,” the source said: “We expect the FCC will understand that a great network in 3 years is better for consumers than a make-do network a year from now.”