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Dec. 16, 2008

In the never-ending and ongoing controversial AWS-3 spectrum that has been raging on for the past 4 to 5 months, Wireless Industry News has just learned that Thursday's much-anticipated FCC vote has been postponed to at least February 2009.

The postponement was requested by both Sen. Jay Rockefeller and Rep. Henry Waxman, who will lead the Senate and House commerce committees in 2009.

It is vital for the FCC to focus on next February’s digital television transition and not be distracted by other issues, the elected officials said... (!)

This now means that the FCC commissioners can vote at any time after an item’s rules are agreed upon, and WITHOUT a set timeframe or the public spotlight of a formal meeting!!

Adding insult to injury, the approval of an auction for AWS-3 spectrum could theoretically still occur, but is not likely, during the remainder of FCC Chairman Kevin Martin’s tenure, which is expected to expire after President-Elect Barack Obama takes office on Jan. 20, 2009.

You will remember that FCC Chairman Kevin Martin has been recently the target of a lot of bad press.

Martin’s proposed rules for the AWS-3 spectrum auction are very controversial and for several reasons: incumbent wireless carriers strongly disagree with the requirement to use such spectrum for free public service.

A variety of parties claim the rules are designed to unfairly help startup M2Z Networks. Incumbents also say that M2Z’s plan would cause interference to existing networks. There are also public advocacy groups that disagree with the requirement to filter traffic on that service.

Additionally, government budget-watchers say the spectrum would be grossly underpriced.

At the same time, M2Z says the FCC was legally required to take action on AWS-3 spectrum by Nov. 14 of this year. M2Z officials point to section 7(b) of the Communications Act, which states, “if the FCC initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.”

The AWS-3 rulemaking began within the FCC in the fall of 2007, and even the latest possible choice of an official starting date would have been Nov. 14, M2Z says, meaning more than 12 months have now passed.

M2Z CEO John Muleta late yesterday has declined to comment on whether his company will seek any legal enforcement of that timeframe. T-Mobile USA, a leading opponent of the auction, previously said it hopes the Obama Administration will reconsider the issue.

T-Mobile's broadband wireless deployment does use TDD technology but in an unpaired spectrum band that is adjacent to paired FDD operations without special protections or limits to guard against mobile-to-mobile interference.

M2Z Networks has pointed out that T-Mobile is currently providing broadband services in the Czech Republic using similar spectrum and similar technical rules to those that the FCC plans to adopt for the free broadband service.

Other items on the December meeting agenda have now been moved into circulation and include E-911 location accuracy, a regulatory framework for Satellite Digital Audio Radio Service and Wireless Communications Service, along with Wireless Radio Services renewals.

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Source: BGA News.