Sprint Gets until March 2009 to Clear BAS While MSS Waits
The FCC was expected at our deadline to approve an order giving Sprint Nextel until March 5, 2009, to clear broadcast auxiliary service from spectrum that mobile satellite service operators want. After obtaining several delays, Sprint faced a Wednesday deadline for finishing that process. But the commission gave the carrier another year rather than vote an additional short delay.
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The extension is less than Sprint wanted and more than MSS carriers, especially ICO Global Communications, wanted. Sprint and broadcasters believe it will take until at least August 2009 to complete the BAS relocation, they said. ICO plans to launch its satellite next month and wants to begin offering commercial service, including mobile interactive media, as soon as possible and no later than January.
The FCC also approved a notice of proposed rulemaking asking how to eliminate harmful interference between satellite customers and BAS operators not yet cleared. Broadcasters fear harmful interference to local news gathering if ICO and TerreStar begin operations before clearing is complete.
The rulemaking notice tentatively concludes that the FCC should eliminate the top 30 market rule as of Jan. 1, 2009. Sprint and broadcasters claim the MSS carriers had to be out of the top-30 TV markets by Sept. 6, 2000. That obligation was eliminated with the 800 MHz reconfiguration, ICO said: “Sprint volunteered to clear BAS in 2004 in exchange for valuable spectrum it desired, and did not complain that MSS licensees had not already cleared the spectrum.” In the 800 MHz reconfiguration, Sprint got 10 MHz of 2 GHz spectrum, half occupied by BAS licensees that had to be moved.
Sprint and broadcasters want MSS operators to pay some BAS relocation costs. “ICO has proposed arbitrary and unrealistic requirements on [Sprint and the broadcasters], but has sought to avoid its own independent responsibilities,” said Sprint, the Association of Maximum Service TV, NAB and the Society of Broadcast Engineers in a letter filed Tuesday. ICO believes it should be compensated because Sprint didn’t complete the BAS relocation by September 2007.
More than 70 percent of BAS licensees have signed relocation agreements with Sprint Nextel and more than 63 percent have ordered replacement gear, a carrier spokesman said Wednesday. “Everyone involved in the transition wants to complete BAS relocation expeditiously,” the spokesman said. “However, relocating the approximately 1,000 BAS licensees while avoiding disruption to broadcasters’ news operations has proven far more complex than originally anticipated and included many factors beyond the control of Sprint and the broadcasters.”