Eighth Floor Corridors Mostly Quiet on 700 MHz Interoperability Rulemaking
The FCC is seeing little in the way of lobbying from anyone, with a vote slated for March 21, on a 700 MHz interoperability rulemaking notice that’s been a long-time priority for small wireless carriers. There have been only two ex parte filings on the NPRM this month, though a few smaller carriers active in the proceeding have been in this week to make their case for an interoperability mandate, an industry lawyer said. The rulemaking, which is on the tentative agenda for the commission’s March meeting, has been fiercely contested in the past.
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FCC officials said they have had few meetings on the 700 MHz NPRM or on an NPRM on advanced wireless services in the 2 GHz band. The 2 GHz NPRM is tied to Dish Network’s pursuit of a waiver to offer terrestrial service in mobile satellite service spectrum and is also slated for a vote. “Neither of the NPRMs are head scratchers,” one official said. “People are watching it,” an industry official said of the 700 MHz NPRM.
The FCC should not conclude prematurely that the interoperability rules apply to just the lower 700 MHz band, Public Knowledge said in a meeting with Louis Peraetz, aide to Commissioner Mignon Clyburn. “The Commission’s record on this is incomplete,” PK said in an ex parte filing (http://xrl.us/bmxeg7). “The Commission should not make presumptions as to the feasibility of interoperability for the entire band without soliciting comment on this issue and allowing all interested parties to make their case.” PK said the issue is significant in part because the new first responder network, FirstNet, will use spectrum in the upper 700 MHz band. “It is easy to see that expanding the universe of commercial providers capable of roaming on upper 700 MHz spectrum will facilitate the negotiation of roaming agreements, enhance lease revenues, and enhance FirstNet’s capability to leverage commercial infrastructure,” PK said.
"We understand that the study of interoperability for the Lower 700 MHz band is far more advanced than for the upper 700 MHz, based on previous proceedings, such as AT&T/Qualcomm,” Public Knowledge Legal Director Harold Feld told us Thursday. “We have also heard that technically, interoperability for the Lower 700 MHz is easier to do than interoperability for the entire band. Our primary concern is that the commission not pre-judge the issue at this early stage, and should consider how the decisions in this proceeding impact the newly established National First Responder Network.” Feld said that in the end, “the best should not be the enemy of the good. If the commission can move expeditiously to interoperability for the lower 700 MHz band, it should do so rather than wait to figure out interoperability for the entire 700 MHz band. At the same time, however, full interoperability for the entire 700 MHz band should be the ultimate goal."
The Rural Cellular Association welcomes a move to broaden the inquiry, President Steve Berry said. “We are pleased with the FCC’s direction on interoperability as described in the tentative open meeting agenda,” he said. “A strong record has developed for interoperability in the lower 700 MHz band, and we are pleased the FCC is taking an expeditious approach that will bring 4G/LTE services to the marketplace sooner rather than later. In addition to an interoperability rulemaking in the lower 700 MHz band, a notice of inquiry on full band interoperability would help implement the recent legislation and provide public safety with access to roaming and economical devices."
"The high power broadcasts currently permitted in Channel 51 and in the 700 MHz Lower E block create significant challenges for true lower 700 MHz interoperability,” an AT&T spokesman said Thursday. “We welcome a proceeding directed at finding real solutions to these interference challenges. Only real solutions -- not regulatory mandates -- will unlock the full value of the lower 700 MHz band and permit efficient and interoperable mobile broadband operations throughout the band.”