Media Access Project (MAP) backed a recent request by an alliance...
Media Access Project (MAP) backed a recent request by an alliance of 6 groups licensed to operate EBS systems that the FCC impose conditions on the proposed Sprint- Nextel merger to ensure diversity in control over 2.5 GHz spectrum.…
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“Sprint and Nextel have already used their superior size and market power to impose terms on small EBS licensees that compromise the educational nature of the EBS band,” MAP said, referring to the evidence submitted by the ITFS/2.5 GHz Mobile Wireless Engineering & Development Alliance (IMWED) in a July 11 filing. “Because Sprint/Nextel would be one of only 3 remaining significant national leasers of EBS band service, it is rational to expect that they will exert considerable influence over EBS licensees who are, generally, smaller and less sophisticated,” it said. MAP stressed the importance of addressing the 2.5-GHz issue in the context of the merger, rather than in a separate proceeding, to “insure the independence of the EBS operators” in markets where Sprint and Nextel control significant EBS spectrum. As part of the merger approval, MAP urged the FCC to bar Sprint and Nextel from: (1) Having lease terms longer than the license term. (2) Including automatic renewal provisions or other terms curbing EBS licensees’ negotiating power at expiration of the license. (3) Including “purchase option” provisions if the FCC lets EBS licensees sell or permanently lease licenses. (4) Requiring EBS licensees to lease the maximum spectrum permitted under Commission rules, and (5) Preventing EBS licensees from reclaiming spectrum for educational use in compliance with Commission rules. MAP said the FCC should require Sprint and Nextel to conform existing and future lease contracts with EBS licensees to the proposed conditions. Sprint and Nextel also should be required to file copies of leases with EBS licensees with the FCC, which should make them publicly available, it said. The FCC should have an expedited process for resolving EBS licensee complaints, MAP said. Separately, SouthernLINC Wireless again urged the FCC to require the merged Sprint/Nextel to “provide voice, data and digital dispatch roaming on reasonable, non-discriminatory terms and conditions and to make such roaming available for all services at reasonable and non-discriminatory rates.”