NASUCA Says FCC Should Grant Spectrum M2Z Seeks
NASUCA backs M2Z’s petition seeking authority to build and run a broadband network in the 2155-2175 MHz band, it said in a filing at the FCC. M2Z also got potentially significant support from the National Assn. of Telecom Officers & Advisors (NATOA). The endorsements contrasted with a number of harsh oppositions in the FCC docket on M2Z’s controversial proposal.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
NASUCA said “under normal circumstances and as a general principle” its members would be inclined to oppose the plan. But “M2Z’s commitment for free ubiquitous broadband service appears to be superior to the competing petitions that were filed by other parties,” NASUCA said: “And the bases of the various petitions to deny do not appear to be impediments to granting M2Z’s Petitions, in the furtherance of the public interest.”
M2Z’s plan “sets forth a workable framework on which to build a national system” and offers advantages for the public, NATOA said: “The primary benefit of the proposal, relative to other existing and planned alternatives, is that it potentially provides a form of free Internet access covering most of the United States. Carrier-based broadband wireless solutions are, at the moment, priced beyond the reach of the average consumer and Wi-Fi-based alternatives are only beginning to emerge.”
But CTIA filed a formal opposition to the plan, alleging “legal and public policy infirmities” as grounds for denial. “Most notably, M2Z fails to make a proper showing that forbearance is allowed or required under Section 10” of the Communications Act, CTIA said: “Additionally, what M2Z requests is not a true request for forbearance. M2Z’s request essentially is a plea for the Commission to grant its application, not merely forbear from application of the rules.”
AT&T opposed the proposal, saying M2Z wants the FCC to ignore “whether the alleged benefits of the M2Z proposal are illusory, the planned use of the spectrum is the best use, and the proposal is otherwise contrary to law.” The Wireless Communications Assn. restated its opposition to M2Z. “Without an auction, a rulemaking or any other process through which the Commission could evaluate whether M2Z’s proposal represents the highest and best use of the spectrum,” WCA said.
NetFreeUS, which in early March sought the same spectrum as a rival to M2Z, told the FCC it shouldn’t grant M2Z an exclusive license. “Unlike M2Z, NetFreeUS believes that the Commission should not grant M2Z exclusive access in this spectrum but rather also should consider other applications for this band,” that company said: “Using existing processes, the Commission should establish a cut-off date for new applications to be filed and a short period of time for applicants to resolve application conflicts.”
M2Z reminded the Commission that its application has been pending almost a year. “This matter pits the Commission’s consideration of the public interest benefits of M2Z’s application against the machinations of a handful of companies seeking to eliminate a perceived competitive threat,” the company said: “These opposing parties seek to use the regulatory process to delay or otherwise inhibit the benefits that M2Z would bring to consumers by connecting more Americans to broadband.”