CTIA, NAB Strongly Disagree on Future Use of Broadcast Auxiliary Service Band
Wireless carriers and broadcasters agreed in general on key parts of rules for the incentive auction of TV spectrum. But any semblance of amity broke down on proposed rules for spectrum in the 1695-1710 MHz, 1755-1780 MHz, 2020-2025 MHz and 2155-2180 MHz bands. CTIA and NAB lobbed shots at each other over CTIA arguments that 15 MHz of Broadcast Auxiliary Service spectrum at 2095-2110 MHz should be reallocated for wireless broadband. Under CTIA’s proposal, the band would potentially be paired for auction with 1695-1710 MHz spectrum. Comments on the July 23 NPRM were due at the FCC Wednesday evening.
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"NAB strongly opposes CTIA’s proposal,” the broadcast group said in a filing (http://bit.ly/18E28xR). “Contrary to CTIA’s assertions that no other swath of spectrum appropriately meets the requirements under the Spectrum Act, the instant proceeding identifies twenty-five megahertz of prime spectrum that does. Further, the current BAS allocation is essential to broadcasters’ ability to provide critical, real-time news and information and has already been reduced by 35 MHz or almost 30 percent, while the U.S. wireless industry is currently flush with spectrum and poised to get more."
"CTIA seems to want its cake and eat it too,” said a broadcast lawyer. “It’s carrying so much spectrum from the commercial and government sectors, including in this proceeding, where it’s going to end up with an auction of 50 MHz spectrum and it still wants to take away from broadcasters 15 MHz more of spectrum."
CTIA said pairing 1695-1710 with 2095-2110 MHz should be seen as undeniably attractive for the FCC. “It lies below 3 gigahertz; it will enable the development of large, contiguous blocks; it is adjacent to another mobile broadband allocation, and it would be part of a symmetric pair,” CTIA said (http://bit.ly/18DefRV). It questioned whether it makes sense to dedicate more than 100 MHz of spectrum to BAS. “Given the intensive use of spectrum below 3 GHz, there are no simple or straightforward reallocations that can occur without relocation and compensation for existing incumbent users -- something the Commission is well prepared to handle and has successfully managed for the past 20 years,” the filing said. “Areas of additional exploration for the 2095-2110 MHz band include determination of the need for BAS to occupy the entire 2025-2110 MHz band, the technical alternatives available in the market place for BAS-type services and the ability of existing Federal operations to share access in the 2095-2110 MHz portion of the 2025-2110 MHz band."
NAB and CTIA disagreed about how the FCC should interpret Section 2401 of the Spectrum Act, which requires the agency to identify an additional 15 MHz of contiguous spectrum for auction. “CTIA previously has submitted that the 2095-2110 MHz band is the most appropriate choice to fulfill this statutory requirement,” CTIA said.
"The NPRM identifies not only fifteen, but twenty-five megahertz of contiguous spectrum at 1755-1780 MHz that meets the Commission’s statutory obligation under section 6401,” NAB said. “Thus, by auctioning 1755-1780 MHz for ‘flexible use,’ the Commission will, in fact, exceed Congress’s direction and otherwise accomplish the overarching goals of the statute."
The Competitive Carriers Association agreed that “the 2095-2110 MHz band is the prime candidate to satisfy the requirement of Section 6401 to identify an additional 15 MHz of spectrum for commercial use” (http://bit.ly/18EuJmO). “That spectrum, part of the Broadcast Auxiliary Service, is ideally suited for mobile broadband services, is contiguous and adjacent to existing allocations, and is the most efficient candidate for pairing with the 1695-1710 MHz band."
"Wireless service providers require additional spectrum to meet their customers’ demands,” Verizon Wireless said (http://bit.ly/16JekB5). “Use of the 2025-2110 MHz band should be implemented in a manner that facilities future sharing,” T-Mobile said (http://bit.ly/19kDELb). It acknowledged the spectrum is used for BAS and other federal operations, but said “such operations will need to be taken into consideration in any future use of the band.”