The Administrative Procedure Act bars the FCC from letting the Am...
The Administrative Procedure Act bars the FCC from letting the American Petroleum Institute license broadband radio service spectrum in the Gulf of Mexico for oil and gas exploration and production, said the Wireless Communications Association. “At no time… has…
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the Commission proposed or even suggested the possibility of licensing BRS spectrum in the Atlantic and Pacific Oceans. Nor, for that matter, did API until it petitioned for reconsideration of the Second Report and Order.” WCA said API gave no evidence to relieve concerns that allowing licenses of 2.5 GHz spectrum in the Gulf would pose “a clear and present danger” to land-based operators offering wireless broadband on the same frequencies. WCA said “ducting” - a signal trapped in an air pocket and perhaps traveling great distances -- is a problem unique to the Gulf heightening interference concerns. Ducting problems aren’t “figments of WCA’s imagination,” the group said. “The Commission has concluded that there is a ‘certainty that ducting will occur between Gulf and land- based stations,’ that this ducting will cause interference over much greater distances than caused by land-based… systems, and that water-based BRS systems should be required therefore to comply with interference protection requirements that are more stringent than those imposed on land-based facilities,” WCA said.