700 MHz NPRM ‘White Papered’ by Martin for Aug. Meeting Vote
Chmn. Martin last week began circulating a Notice of Proposed Rulemaking (NPRM) on revised service rules for the 700 MHz auction, readying for a vote at the Aug. 3 FCC meeting. Revised Emergency Alert System (EAS) requirements that have made carriers nervous aren’t on circulation, sources said. Commissioners also are being asked to vote on a broadband over powerlines (BPL) reconsideration item, plus one addressing maritime wireless issues.
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The 700 MHz NPRM asks a wide range of questions on the need to change the rules, developed years ago and perhaps in need of overhaul, sources said. A key issue is likely to be the size of license areas sold by the FCC. Rules now call for 6 massive license areas in the continental U.S.; rural and some other carriers want smaller areas.
“The broad speculation is you need to get a notice to make the rural guys happy,” said a regulatory attorney. National carriers may be split on the issue. “It depends on what spectrum position they're in,” the lawyer said: “There’s not one large carrier voice.”
“There are only 6 super regions for the entire country,” said a 2nd regulatory attorney. “The concern, which seems to be legitimate, is if you have the 6 blocks that would cut out a lot of competition. The pricing would be high. A lot of the smaller and even mid-size carriers wouldn’t be interested in buying a block that is so huge.” It would be tough to meet buildout requirements, the lawyer said: “How would you assure buildout in more than a handful of cities when the blocks are that big?”
The 700 MHz auction by law must begin by Jan. 28, 2008, selling spectrum cleared by broadcasters in the DTV shift. The FCC once planned to sell part of the spectrum, licenses at 747-762 and 777-792 MHz, the upper 700 MHz band, in a June 2002 auction, but that was delayed. The FCC also has service rules for the rest of the spectrum -- at 747-762 and 777-792 MHz, or blocks A, B & E of the lower 700 MHz band - in an as-yet-unnumbered auction.
Industry sources welcomed the BPL reconsideration. The timing is good,” an industry official said: “If the FCC were going to decide to put it on the agenda this would be the time for them to do it.” Among issues industry reconsideration petitions raised is a demand that the FCC let BPL providers keep deploying gear purchased before the July 7 equipment certification deadline (CD June 23 p8). “I'm fairly confident that the Commission would grant that application,” said the official.
Ham radio operators seemed confident the FCC will revise its rules. “They wouldn’t put it on the agenda if they plan to deny everything,” a amateur radio source said: “I guess they are planning on making some changes. Maybe there will be improvements.” That’s the amateurs’ “read on the politics, which is probably right,” said an industry attorney. Ham aficionados’ significant pressure spurred language calling for a new FCC BPL study in a House bill, he said. But with the technology in limited deployment and with equipment makers and providers “struggling, if anything significantly changed for the negative,” the FCC will undermine BPL’s potential, he said: “I don’t see the FCC killing this thing.” - Howard Buskirk, Dinesh Kumar