EBS White Spaces Talks End with Educators Failing to Reach Consensus
The National EBS Association and the Catholic Television Network tried but failed to agree on how best to use white spaces between the 2.5 GHz licenses their members hold, officials involved in the discussions told us Tuesday. NEBSA and CTN, more often on the same page in recent years, ended up making different proposals to the FCC. Industry officials said lack of agreement between the two groups likely means the FCC won’t act on the item in the near future.
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The FCC gave the groups and other parties more time to negotiate, extending a filing deadline on the white spaces. At stake are educational licenses cancelled by the FCC, forfeited by their holders and in some cases spectrum not part of any license. “One reason the FCC gave more time is to allow more time for educators to try to come together and get behind one proposal,” said an industry lawyer. “There wasn’t any single proposal that the big two could come together on.”
Efforts at achieving accord fell short despite many hours of talks, said Todd Gray, counsel to NEBSA. “We just didn’t seem to be able to get into the same page on how this should be done,” Gray said. “We tried to reach agreement but just weren’t able to do so,” said Ed Lavergne, counsel to CTA. “There was nothing acrimonious whatsoever.”
NEBSA submitted a multi-step plan, urging that the FCC first expand existing licenses’ geographic service areas. That would be done by uniformly lengthening the radius of each existing station’s service area along all azimuths nationwide and by splitting overlapping areas between existing licensees. The FCC then would back certain BTAs out of any expansions in which those BTAs have no licenses covering them. At that point the FCC would set up a process for awarding leftover licenses for those BTAs to qualified educational institutions and other EBS eligibles, which would have to file applications subject to FCC and public review. In limited cases, the FCC would auction leftover spectrum.
“NEBSA’s goal has been to develop a consensus on white space licensing that would be supported by its constituents, educators in general, and wireless broadband commercial operators,” that group said in a filing. “These efforts have been pursued by all parties in utmost good faith. However, finding common ground on all questions has been exceptionally challenging, and a full consensus has not yet been achieved.”
CTN’s proposal primarily would award white spaces spectrum to new licensees, not refarm it to existing license holders. An FCC public notice would invite eligible entities to complete statements of intent indicating interest in seeking white space licenses in particular basic trading areas. The FCC would rank applicants by the number of students they have in a BTA. Those with the most students would get licenses.
“CTN’s proposal is designed to ensure that the greatest number of students will benefit from the last remaining spectrum reserved for the formal education of enrolled students,” the group said in a filing. “The proposal is based on three principles that are the foundation of EBS -- localism, accreditation, and service to enrolled students.”
The Wireless Communications Association offered no plan for the EBS white spaces, leaving that to the educational groups. But WCA acknowledged its role in discussions aimed at developing a single proposal. “WCA continues to believe that the Commission should move promptly towards licensing the EBS white space, and to do so in a manner that both advances the Commission’s educational vision for EBS and facilitates a continuation of the financial and operational support from commercial operators that has spurred the growth of EBS,” the group said.