NORTHPOINT AND SBCA CONTINUE MVDDS SPECTRUM FIGHT

AT&T, which led call for auction; Assn. of America’s Public TV Stations (APTS), Boeing, joint broadcaster filing, National Indian Telecom Institute (NITI) National Rural Telecom Cooperative (NRTC), Pegasus, Satellite Receivers, Skybridge, Society of Bcst. Engineers (SBE) and Virtual Geo were among others filing comments. Boeing and SBCA were only ones to oppose Commission action, and each promised to file petitions for reconsideration immediately after decision was final.

SBCA “remains adamant” in its “opposition to allowing Northpoint or any other terrestrial MVDDS providers to share the DBS spectrum,” Pres. Charles Hewitt said. He reiterated earlier position that tests by DirecTV and EchoStar had “proven the proposed Northpoint system would cause ruinous interference.” He said “the Commission has handled this process in reverse order by mandating sharing of the spectrum” assigned to DBS and then trying to create “an evidentiary record.” Hewitt said proceeding had “strayed far from decades of Commission precedent” involving secondary users and signal interference. If Commission must license terrestrial companies, DBS wants service to be introduced “one market at a time.”

Northpoint opposed auction, saying: “The unique aspect of the current proceeding is that Northpoint’s technology created spectrum out of thin air by re-using spectrum already in service, but without displacing incumbent users.” Company attorney Kellogg Huber said terrestrial technology used by Northpoint could share spectrum with up to 10 satellite companies. Collier said “FCC isn’t creating anything here -- only Northpoint has.” She said without Northpoint technology, patents and 7 years of work, MVDDS proceeding “wouldn’t be occurring,” so auction would be unfair.

Pegasus, breaking ranks with DBS industry, possibly because of desire to implement Northpoint-type system, said while it was concerned about potential interference” to DBS subscribers, viewed MVDDS as “important new opportunity to provide service through another platform.” Pegasus urged FCC to use “explicit operating requirements” for MVDDS to reduce interference. Company also supported 10-year license periods and proposal that incumbent cable operators be precluded from acquiring attributable interest in MVDDS licensee located within franchised cable service area unless service area had been found to be characterized by effective competition.

APTS wants “same rights and responsibilities” on local signal carriage imposed on MVDDS operators as DBS and cable industries. NITI said it was unnecessary to enhance Native Americans access to communication services and said it wanted Northpoint to begin buildout of system immediately rather than developing MVDDS service rules and initiating spectrum auction. Boeing said “tremendous effort that has been invested in developing NGSO FSS networks will in all probability go to waste” if FCC authorized “new, favored terrestrial service” to operate without safeguards against interference.

Satellite Receivers suggested Northpoint, Pegasus and Northpoint come to agreement on mutual exclusivity and form consortium. However, broadcasters said Pegasus and Satellite Receivers licenses shouldn’t be considered in proceeding because they came after deadline, “obviating the need for an auction.” NRTC supported auction after filing window was established to allow other parties to compete for spectrum. It said Pioneer’s Preference and special treatment Northpoint seemed to think it was entitled to because it developed technology was specifically prohibited by law.