WCA, Others, Argue for Technical Changes to EBS/BRS Order
The Wireless Communications Assn. and other groups want technical changes in an FCC broadband radio service (BRS) and educational broadband service (EBS) order, they said in filings to the FCC. The Commission approved the order to promote wireless broadband in spectrum once reserved for educational broadcast. The WCA filing was unsurprising, since the group has said since the order was released that changes are needed (CD May 1 p 3).
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“This is sort of the final cleanup of the rules,” Paul Sinderbrand, counsel to WCA, told us Thurs. “None of the issues here are what I would consider to be showstoppers. It is important that the Commission fix them, but nothing here is going to keep the industry from moving forward in the interim.”
Top among WCA complaints is that the 2006 order doesn’t set deadlines to handle licensee complaints of a base station operating outside its height benchmark causing interference. WCA also urged changes to rules on out-of-band emissions to provide more protection for companies buying licenses, then encountering interference.
In a petition for reconsideration, NextWave Broadband sought its own list of change. Among them: that the FCC “immediately” auction available but unassigned BRS and EBS spectrum, rather waiting until 2010 as proposed. “Postponing the auction… for 4 years will severely disadvantage new entrants and will not serve the policy objectives set forth by the Commission as guiding principles in the rulemaking,” NextWave said.
The American Petroleum Institute asked the FCC to rethink its decision not to create a BRS service area in the Gulf of Mexico. “The spectrum is sorely needed to support petroleum and natural gas operations,” the group said: “Petroleum and natural gas companies have substantial communications requirements throughout the Gulf, and they are growing along with exploration and production in that area.”
The Hispanic Information & Telecommunications Network said the order should be tweaked to keep holders of legacy one-way video-only leases from indefinitely “warehousing” spectrum. “In its discussion of such grandfathered leases, the Commission neglected to specifically address and close a loophole… that has allowed operators to argue that vague language within their leases allows them to simply extend their lease term each time the FCC extends the limit on allowable lease terms,” the group said.