Industry to Ask for More Changes to Rules for Broadband on Educational Spectrum
Transition issues for licensees that the FCC wants cleared from the 2150-2162 MHz band, as well as rural and safe harbor policy calls, are drawing fire after the FCC released its massive report and order on broadband radio service (BRS) and educational broadband service (EBS) spectrum. The Wireless Communications Assn. said it expects to go back to the Commission asking for additional changes to the order. But it’s not clear how many matters it will asked to be reconsidered.
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“We are troubled that the Commission has given short shrift to some of the technical concerns regarding BRS 1 after the relocation,” WCA attorney Paul Sinderbrand told us: “We've got a substantial record on the issue that we don’t think has been given due consideration.” Sinderbrand said the record demonstrated the difficulty of MSS and BRS users sharing the spectrum, but this problem wasn’t adequately treated by the FCC. “I don’t think it’s a win for anybody,” he said: “It certainly is a loss for BRS.”
Companies that want to use the spectrum for wireless broadband scored a number of victories when the FCC voted out an order April 12. The FCC endorsed an agreement between WCA and the Catholic TV Network allowing 30-year leases of the spectrum. Previously, the FCC had examined lease terms as brief as 15 years. The FCC also agreed with industry that basic trading areas (BTAs), rather than much larger major economic areas (MEAs), should be the geographic benchmark for transition to the new BRS/EBS band.
Sinderbrand said after looking more closely at the text that WCA remains pleased with critical parts of the order. “The important message is the transition can now move forward,” he said: “The rest of it is cleanup.” But, he added, another petition for reconsideration appears inevitable: “What’s not clear is how extensive it will be.” WCA members are still reviewing the details of the order.
Rural carriers also have concerns. The Rural Telecom Group was disappointed the FCC ignored a request by rural carriers already offering wireless video on the spectrum that they be automatically allowed to opt out of requirements to switch from high power to low power operations. Instead, rural firms will have to seek a waiver on a case by case basis. “I think the future of many rural systems is very much in jeopardy,” said Dee Herman, an attorney for RTG. “We believe that the waiver process is long, it could be costly and it’s extremely uncertain. They may be forced to turn off their existing video services.”
Other industry officials were unhappy the FCC rejected a proposal by several operators on some of the “safe harbor” definitions that BRS and EBS licensees can use to satisfy the “substantial service” requirements. Among other things, industry had asked that licensees be considered to provide “substantial service” if they cover 20% of the population in a given license area. The FCC’s “safe harbor” set the mark at 30%.
“That decision reflects a change from the broad consensus,” said Stephen Coran, who represents EBS/BRS operators: “The stricter standards for service reflect the high expectations the FCC has for deployments in this band.”