FCC Loosens WCS Spectrum Rules
The FCC voted to revise rules in the wireless communications service band, making 25 MHz of spectrum available for mobile broadband use by WCS licensees more than a decade after the agency first took up the issue. The commission on Thursday also implemented new construction benchmarks for licensees in the band, meant to increase the speed of the service’s deployment. The FCC cited the order as the first step in the National Broadband Plan goal of freeing up 500 MHz of spectrum over 10 years for wireless broadband services. Previous rules for the spectrum limited its use to fixed services.
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The new rules will allow mobile service by relaxing the out-of-band-emission (OOBE) requirements. Under the previous OOBE rules for the band, mobile users would have needed too large a filter to make the service feasible. The new technical rules largely mirror the rules outlined in the agency’s public notice on the issue (CD April 5 p11). Sirius XM, whose satellite digital audio radio service (SDARS) spectrum neighbors WCS licensees’, was the most vocal opponent to the rule changes, saying the relaxed OOBE limits could increase interference for satellite radio subscriber. Sirius XM declined to comment on the ruling.
The commissioners agreed that the new rules will add broadband availability and don’t pose a serious threat to satellite radio services. Chairman Julius Genachowski said the ruling is particularly timely because companies are gearing up to offer 4G and comes as the agency works to “unleash spectrum.” The order provides a “pro-consumer framework,” and will be an agreement “we will look back upon with pride,” said Commissioner Michael Copps. Commissioner Mignon Clyburn said that the order stays true to the FCC’s commitment to “efficient use of spectrum."
The approach is a “balanced compromise” that will “protect incumbent interests from interference,” said Commissioner Meredith Baker. Commissioner Robert McDowell supported relaxed buildout requirements and said the technical record shows that interference with satellite radio services was rare.
It remains unclear who will be first to begin work toward offering service in the band, but the ruling likely adds value to the licenses, industry executives said.
The FCC order will also require mobile WCS service to be available to 40 percent of a license area’s population within 3 1/2 years, and 75 percent of the population within 6 years. Both requirements were extended a year as compared to the requirements outlined in another public notice (CD March 31 p12). The Wireless Bureau chose to loosen the requirements after a WCS Coalition filing that outlined a time frame for deployment, said Wireless Bureau Chief Ruth Milkman. The bureau included the “death penalty,” a provision the would terminate WCS licenses for failing the meet the construction benchmarks.
"We are very pleased the commission adjusted the out-of-band emissions,” said lawyer Paul Sinderbrand of Wilkinson Barker, representing the WCS Coalition. “We are pleased that they extended the buildout requirements but disappointed they are still imposing the death penalty. Now, it is up to the marketplace to decide if they have created an regulatory environment that will spur investment in the band.”