FCC to Seek Comment on Multiple 700-MHz Band Plans
FCC Chmn. Martin was unable to convince a majority of the commissioners to endorse a specific band plan for the upper 700 MHz band. Instead, the FCC adopted a further notice of proposed rulemaking seeking comment on several plans for the spectrum, which is being made available with the transition to DTV. The decision came during a meeting that had originally been scheduled to start at 9:30 a.m., but which didn’t start until an unprecedented 7:14 p.m. because of continuing negotiations over the 700-MHz issue. Attendees were called back to the FCC meeting room at least once in anticipation of the meeting, only to wait for additional hours for the start.
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Until the end of the negotiations Wed., Martin pushed for a band plan slicing the upper band into large blocks, making it easier for a bidder to win a nationwide license. The Martin band plan would have no cellular marketing areas (CMAs) in the upper 700 MHz band and only one 12-MHz (two 6-MHz paired slices) CMA block in the lower band. That plan had been promoted by the 4G Coalition consisting of DBS and Silicon Valley. Martin said he was puzzled that the other commissioners didn’t endorse “taking the minimum steps necessary to enable a wireless broadband alternative to develop for all Americans.” The proposal was also pushed by Verizon Wireless, which analysts said wants to buy up to 30 MHz of the spectrum.
The Martin plan was vigorously opposed by Commission Democrats, who were joined by Comr. McDowell. Substantive conversations occurred all day as the various offices tried to broker a compromise, but the chairman wouldn’t budge, said a source close the action. “It took a while and some doing but I think this notice now proceeds in a good and measured way regarding band plans,” said Comr. Copps.
In an unusual move, the Commission had allowed lobbying to continue until Mon. evening (CD April 23 p1). While this gave parties more time to press their views, it also shortened the time available for the agency to reach a decision, sources noted.
The Broadband Optimization Plan (BOP), which Martin had wanted to reject, survived after proponents submitted an alternative at the deadline, said a source. The revised BOP will be put out for comment.
The text of the rulemaking wasn’t released at the meeting. Comments will be due 21 days after publication in the Federal Register, replies 7 days later. Chmn. Martin still intends to give bidders 6 months between the final service rules and band plan and the start of the auction, he told reporters. Congress has mandated the auction start by Jan. 28, 2008.