FCC Pushed to Order Quick Resale of EBS White Spaces
The FCC should auction educational broadband service (EBS) white spaces spectrum well before 2010, when a sale is scheduled, the Wireless Communications Assn. (WCA) and others said in oppositions to petitions for reconsideration filed as part of that longstanding debate. Allies of WCA include the WiMAX Forum, NextWave Broadband and Sprint Nextel. They're opposed by the Catholic TV Network and National ITFS Assn., which urged the agency to proceed with caution.
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The continuing debate provides the backdrop against which several operators are set to offer wireless broadband using spectrum leased from educational institutions to provide broadband radio service (BRS).
The FCC wants to put off the auction of EBS white spaces until after the industry completes its transition to the 2.5 GHz bandplan. “There is spectrum out there in many areas that is what we used to call the ’table scraps,'” a regulatory lawyer representing wireless broadband operators said: “It’s the little pieces here and there that haven’t been auctioned. There are areas in the country where the white spaces matter. If the Commission is serious about getting broadband out there auctioning the white spaces now makes a difference.”
The FCC is under the “misconception” that new market players could come in and buy these white spaces licenses, the lawyer said -- but the reality is that existing licensees are likelier to buy up the spectrum to add to their service.
NextWave in July called on the FCC to auction the white spaces spectrum, insisting a delay until 2010 or later would “severely disadvantage new entrants” and work against the rulemaking’s guiding principles: “(1) speeding service to the public; (2) promoting competition; and (3) creating opportunities for new entrants.”
As many as 75 forfeited BRS basic trading area (BTA) authorizations could be reauctioned, WCA said: “The inventory of BRS spectrum held by the Commission is substantial and making it available now… could substantially improve the prospects for bringing wireless broadband service to the residents of the affected BTAs.” In “isolated cases” there may be a “theoretical economic benefit” to auctioning all leftover EBS spectrum together, it said: “However, any arguable benefit pales in comparison to the substantial benefits that American consumers will realize by promptly re-auctioning all currently available spectrum and getting that spectrum into the hands of those ready, willing and able to deploy much needed wireless broadband services.”
“The petition for reconsideration submitted by Nextwave Broadband… makes a compelling case for the Commission to expedite the auctioning of forfeited BRS basic trading area authorizations and EBS white space,” the WiMAX Forum said. There may be some benefits to delaying an auction but “they are far outweighed by the tangible benefits of re-auctioning forfeited BRS… authorizations and EBS white space as quickly as possible, getting the spectrum into the hands of those who stand ready, willing and able to deploy new broadband facilities,” the Forum said.
CTN and NIA, representing educational and religious entities that hold the rights to the spectrum, urged caution. “The Commission should wait until at least 2008 to conduct an EBS auction,” the groups said: “EBS licensees will be significantly occupied with other matters over the next few years, including transitions to the new band plan, spectrum lease negotiations, and critically, the development of educational service plans that focus on new technologies tailored to the revised band plan and rules.”