FCC’s Mass Media Bureau rejected emergency petition by Verizon Wi...
FCC’s Mass Media Bureau rejected emergency petition by Verizon Wireless that sought delay in actions on 2-way service applications for Multipoint Distribution Service (MDS) and Instructional TV Fixed Service (ITFS) licensees. Verizon last week (CD March 30 p1) had…
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asked FCC to hold off on applications until decisions were made on additional spectrum for 3rd generation wireless services. FCC is studying bands, including 2.5 GHz occupied by MDS and ITFS systems, for additional spectrum, with NTIA analyzing military-occupied spectrum in 1.7 GHz (CD April 2 p1). But bureau concluded that Verizon hadn’t met legal requirements that would justify stay on processing applications, which are expected to be granted shortly. Bureau said Verizon hadn’t shown it would be irreparably harmed without stay. “Rather, Verizon’s vague arguments espouse conjecture about events that may or may not occur,” order said. Verizon “speculates” on issues, such as 2500-2690 MHz band potentially being reallocated to accommodate 3G and that rollout of 2-way services could increase costs of any reallocation, order said. “Significantly, Verizon has not requested that the Commission similarly restrict licensees’ use of other spectrum that is being considered for possible 3G use,” bureau said. Stay could “irreparably injure” MDS and ITFS licensees that are poised to deploy services “and potentially disadvantage these licensees with regard to other broadband services, such as DSL service,” FCC said. Wireless Communications Assn. had objected to emergency petition, calling it anticompetitive.