T-Mobile Asks FCC to Put Additional 700 MHz Waiver Requests on Hold
T-Mobile asked the FCC not to grant any additional waivers to state and local jurisdictions to make early use of 700 MHz public safety spectrum before it addresses “lingering uncertainties” about the spectrum, including the future of the 700 MHz D-block. Other commenters asked the commission to proceed with care because of potential future interoperability concerns if it grants the waivers. On Dec. 2, the Public Safety Bureau sought comment on three additional waiver requests beyond the 21 already granted: by Miami-Dade County, Fla., Indianapolis and Marion County, Ind., and West Virginia.
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The FCC has fallen behind its published schedule for addressing some of the public safety recommendations in the National Broadband Plan. The plan set a target date of Q2 2010 for release of a D-block order and rulemaking notice. It set a target date of Q3 for a 700 MHz further notice of proposed rulemaking. Agency officials said Friday they haven’t received further word on the D-block from the chairman’s office. The chairman’s office didn’t respond by our deadline to an inquiry about the status of the proceeding.
T-Mobile asked the FCC to hold off until it completes various rulemaking proceedings on the use of the D Block and the 700 MHz public safety broadband spectrum. “It would be a disservice to public safety entities to grant them waivers now, only later to resolve these issues in a manner that materially affects the deployment of their networks,” the company said.
The FCC should also re-evaluate its decision not to require demonstration that funding is available before granting a waiver: “As T-Mobile has noted, with no additional opportunities for waiver applicants to seek funding under the Department of Commerce’s Broadband Technology Opportunities Program, waiver recipients have no clear path to secure funds for building and operating networks.” The commission should also evaluate the effect of issuing waivers to overlapping jurisdictions before approving additional waivers, the carrier said. “As the comments of the Commonwealth of Virginia in this proceeding make clear, overlapping jurisdictions have still not reached the type of agreements that will permit this spectrum to be used as the Commission intends -- for interoperable communications.”
The FCC should “proceed cautiously with the pending petitions and ensure that any new early buildout waiver recipients can demonstrate a solid commitment to participate in related ongoing testing efforts and provide evidence of adequate funding to begin their network deployment expeditiously,” the Public Safety Spectrum Trust said. Virginia raised concerns about West Virginia’s application and the effect on Virginia’s Statewide Agencies Radio System (STARS). “The State of West Virginia’s Request for Waiver promises coordination with Maryland and Pennsylvania, but did not address protection of Virginia,” the state said. “Since Virginia and West Virginia share a border approximately 489 miles long, West Virginia’s 700 MHz deployment plans raise obvious concerns of potential co-channel interference with the Commonwealth’s STARS operations.”