700 MHz Guard Band Filings Offer FCC Little Consensus

The FCC previously auctioned off the guard band licenses in 2000 -- but few winners have deployed services in the band. The future of the guard bands is at issue as the FCC moves toward a 700 MHz auction, likely late next year.

The FCC in Sept. specifically sought comments on proposals by Motorola and the United Telecom Council that the spectrum should be reallocated as narrowband channels for critical infrastructure, and a proposal by Nextel that the reclaimed spectrum should be set aside for public safety use. A band plan by Access Spectrum and Pegasus, consolidating the public safety narrowband channels at the upper end of each of the two 700 MHz band public safety blocks was a main focus of many commenters. The 2 companies call their proposal the broadband optimization plan (BOP).

“We're ending up with a real mishmash of competing, alternative ideas for the FCC to consider,” said a regulatory attorney representing a client monitoring the proceeding. “It leaves open the question of where does the FCC go with this proceeding. It’s hard to know where they're going to come out based on what we see here. The hardest question is whether or not they do any rebanding.

“The broadband optimization plan group is doing everything they can to say there is some consensus here, but I'm not seeing it,” the attorney added: “The public safety groups are saying, sort of lukewarmly, ‘yeah we support this.’ But they're concerned about the costs of retuning equipment and… international border issues.” The source said most commenters did support giving guard band managers more flexibility, making it more like secondary market leasing in general.

“Public safety comments came in I think in favor of [the Access plan] because they're being offered more spectrum and these guys sort of have a knee jerk reaction, in my experience -- more spectrum is a good thing and that tends to take precedence over everything else… as long as somebody else pays for any moving that needs to be done,” said an attorney who has been active in the proceeding and who opposed the Access plan: “Motorola is coming in and saying we don’t think there’s a problem in getting everybody moved who needs to be moved and here’s another way of doing it.”

The source said Access and Pegasis, which control guard band spectrum, likely aren’t in a position to pay for substantial clearance of the band: “They are certainly not a Nextel. They can’t afford to spend a lot of money like Nextel is doing at 800 MHz, but they need something to make those licenses they hold worth something.”

“The [FCC’s] notice correctly asserts that ’the primary responsibility of the guard band manager would be to ensure non-interference with the adjacent public safety band,” CTIA said: “Many of the proposals are aimed at improving the commercial prospects of the guard band licensees. If the Commission makes modifications to the rules governing Guard Band operations or to the band plan, it must consider the implications for public safety interference protection.”

CTIA said many questions remain -- such as whether the Access proposal would create interference in the upper B and C block and lower C band block, to be sold by the FCC in the 700 MHz auction. If the FCC adopted the plan by Motorola/UTC, the Commission needs to resolve whether adjacent commercial spectrum licensees would have to provide additional protection from interference, which could reduce the value of the 700 MHz spectrum, CTIA said.

“Licensees in the 700 MHz guard band, seeking a better return on the capital invested, are pursuing amendments to the Commission’s rules to allow broader and more flexible use of the spectrum. The Commission notes that there are few systems operating in the spectrum,” NPSTC said. “Current guard band rules are premised on protecting adjacent public safety communications; any revisions must uphold this fundamental premise.”

Access and Pegasis highlighted what they saw as the unique advantages of their overall plan. “In all the comments filed… no preferable or even comparable plan has been proposed that results in such compelling benefits to both public safety and commercial users. It would maximize the flexibility of public safety spectrum, positioning public safety agencies to take advantage of developments in future broadband technologies.”

The Critical Infrastructure Communications Coalition, a group put together by UTC in support of its plan, said it also offers the FCC many advantages: The plan “would serve the public interest by promoting the safety, efficiency and reliability of the delivery of essential services to the public at large… It would also promote interoperability between critical infrastructure industry and public safety communications systems.”

Motorola recommended designating the 775-776 MHz band as a guard band, then pairing it with 805-806 MHz and making it available to utilities and other critical infrastructure companies under the FCC’s part 27 rules. “Motorola believes that it is premature to make any final determination regarding changes to the interference protection limits for the guard bands,” Motorola said: “Such interference standards will necessarily depend on the final configuration of the public safety spectrum and on the technology and network configuration deployed by public safety.”

Ericsson encouraged the FCC to approve an alternate plan for the upper 700 MHz frequencies, which it has submitted to the Commission. “Ericsson offers a revised band plan that creates even greater spectrum efficiencies, encourages public safety broadband deployment in additional ways, and provides more protection from interference, with fewer modifications to the existing band plan,” Ericsson said: “The plan encourages the development of interoperable products for public safety users, particularly by setting rules for duplex direction, aligning commercial and public safety spectrum allocations and eliminating a guard band that can ‘get in the way’ of synergies between commercial and public safety broadband use.”

Radiofone, which holds spectrum in the band, opposed part of the Access proposal, which would take away spectrum from B Block licensees: “Radiofone applauds Access’ desire to explore the more efficient provision of broadband services in the 700 MHz bands, and supports certain rule changes proposed by Access, as discussed below,” the firm said. “However, any forcible confiscation of spectrum from existing licensees… would wreak havoc on the Commission’s auction process.”