Carriers Meet with Clyburn on 700 MHz Interoperability
Carriers large and small met with acting FCC Chairwoman Mignon Clyburn and staff at the agency Wednesday to discuss a possible industry solution, short of regulation, commission officials confirmed. Meanwhile, U.S. Cellular made the case that the FCC is well within its authority to mandate handset interoperability in the 700 MHz band, in a letter to the agency by two top Democrats. Clyburn has long made 700 MHz interoperability a top focus.
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"Interoperability issues in the lower 700 MHz band have slowed mobile broadband deployment, made it harder for small carriers to compete, and limited choices for consumers,” Clyburn said in an emailed statement. “When the Commission launched a proceeding in March 2012 to address this situation, we were clear that we would prefer an industry solution. But an industry-led solution to interoperability is only possible if industry stakeholders come together in good faith to discuss their differences. That’s why I called on carriers large and small from across the country to come to the Commission today to talk through these issues face-to-face. I am pleased that so many answered the call and appreciate the robust dialogue."
The U.S. Cellular letter was authored by Gregory Craig, former White House counsel under President Barack Obama, and endorsed by former FCC Chairman Reed Hundt. “It is incontrovertible that the Commission has the legal authority to restore interoperability in the Lower 700 MHz band under the Communications Act of 1934,” said the letter (http://bit.ly/13w4nC0). “First, under Title III of the Act ... the Commission is vested with ‘expansive powers’ and a ‘comprehensive mandate’ to regulate the use of spectrum in the public interest. Second, the Commission is authorized to issue regulations in the public interest even if they indirectly have an impact on device design, as it has demonstrated in the past. Third, the Commission has general rulemaking authority sufficient to modify classes of licenses and require interoperability. Fourth, specific sections of Title III, including Sections 303, 316 and others, provide plain, substantive grants of authority for provider requirements.” The letter continued that “as is unmistakably apparent -- and contrary to AT&T’s assertions -- restoring interoperability in the Lower 700 MHz band is well within the legal authority of the Commission."
Craig is “a voice that’s listened [to] in Democratic circles, but also legal circles,” said Competitive Carriers Association President Steve Berry. “It’s pretty overwhelming that legal authority does exist and we're hoping that there’s been real progress made with the FCC’s understanding of the impact on everyone [sic] of those carriers who purchased spectrum five years ago” in the 700 MHz auction, he said.
"This filing makes it even clearer that there is no legal basis for AT&T’s effort to narrowly redefine the commission’s authority over spectrum licensees under the 1996 Act,” said a small carrier executive.
Asked for comment, an AT&T spokesman cited the carrier’s most recent filing on the issue, made about a meeting with staff of Clyburn. “We emphasized that a regulation forcing AT&T to offer its customers only LTE devices that incorporate Band 12 components that AT&T does not want, cannot use, and that would reduce the quality of AT&T’s LTE services, would harm consumers and competition and would have no public interest benefits,” said that ex parte filing (http://bit.ly/11vhyWy).