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FCC Asks for Guidance on Rules for 700 MHz Guard Bands

The FCC is looking for ways to spur greater use of 700 MHz guard bands. Sources said Mon. the proposal, released late Fri., is potentially significant because it could provide more spectrum for public safety and for carriers to offer wireless broadband. The FCC is also seeking comment on proposals for the best use of guard band licenses returned to the FCC by Nextel.

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One regulatory source said the NPRM seeks to make better use of spectrum largely neglected following the Commission’s 2000 and 2001 auctions of the guard bands. “There’s very little question that was a failure,” the source said. “No one is using these guard bands for much of anything. It’s possible that’s because the DTV transition hasn’t been completed, but it seems likely that this plan is not a plan that is going to work.”

The FCC by law must auction 700 MHz spectrum returned by broadcasters as part of the DTV transition before a Jan. 2008 deadline. Michael Gottdenker, chmn. of Access Spectrum, which asked the FCC to reconfigure the guard bands, told us Mon. he appreciated the “foresight” of the FCC in seeking guidance well before the 700 MHz auction.

“This NPRM is tied in to both the public safety [700 MHz] NPRM and the commercial 700 MHz NPRM. It is essential that the Commission consider them at the same time and that all decisions be made before the auction,” he said: “The FCC has an opportunity to reconfigure a band that was originally configured before broadband was in our vernacular,” he added. “This particular spectrum is very important due to its propagation characteristics. Proper configuration is essential to maximizing its usefulness.”

The 2000 auction guard band was the larger by far, with 9 bidders paying $519.89 million for 96 licenses. In 2004, Nextel agreed to surrender 700 MHz guard bands licenses in 42 markets as part of the 800 MHz rebanding.

The NPRM asks a series of questions, such as whether the agency should extend its secondary markets spectrum leasing policies to the guard bands and whether to eliminate the prohibition on deploying cellular architectures in these bands. The FCC also asks whether reclaimed Nextel spectrum should be reallocated so that critical infrastructure industries have better interoperability with public safety or reallocated for exclusive public safety use.

Chmn. Martin said the changes contemplated by the FCC should “increase the amount of spectrum available for public safety and facilitate more efficient use of both public safety and commercial spectrum in the band.” But Comr. Copps said the FCC must proceed with caution: “We need to make absolutely sure that we do not approve any changes that would reduce the overall efficacy of the guard bands, impose radio reprogramming costs on public safety entities without a plan for reimbursement, or jeopardize our ability to commence the 700 MHz auction before our Jan. 2008 statutory deadline."