The FCC must maximize the amount of unencumbered licensed spectrum sold in the TV incentive auction, CTIA President Meredith Baker said Tuesday in an editorial in The Hill. “Wireless operators need spectrum free of interference to provide the reliable and robust service you expect,” Baker wrote. “We do not object to others using this spectrum for free -- whether it be Wi-Fi, wireless microphones or other unlicensed devices -- as long as their use does not interfere with licensed users or reduce the amount of usable licensed spectrum available.” Baker also emphasized the importance of the FCC making plenty of information available upfront so carriers can make informed decisions about bidding in the auction and then making the spectrum available as soon as possible after the auction is complete.
Representatives of mic maker Shure pressed the FCC not to put TV stations in the “duplex gap” between uplink and downlink frequencies when they're bought by carriers during the broadcast incentive auction, said a filing on a meeting with an aide to Commissioner Jessica Rosenworcel. “That action, if taken, would eliminate critically needed spectrum in major markets leaving absolutely no interference-free exclusive UHF spectrum available to support essential licensed wireless microphone operations, particularly those used in emergencies and breaking newsgathering,” Shure said. The filing was in docket 12-268.
The FCC should preserve one vacant TV channel for use by licensed and unlicensed wireless microphones after the TV incentive auction, and allow unlicensed mics to operate in some portion of the duplex gap, said the Performing Arts Wireless Microphone Working Group in an FCC filing posted Friday. The letter to the five commissioners outlines the working group’s recommendations for wireless mic operations following the auction. Allowing performing arts groups using 50 or more wireless devices to apply for a Part 74 license is a good step, but doesn’t go far enough, the group said. “To consider performing arts entities that use fewer than 50 wireless devices to be non-professional, and therefore ineligible to register their uses in the geo-location database, is a false assumption,” the working group said. “The majority of professional, not-for-profit theatres, symphony orchestras, presenting organizations, dance and opera companies, professional training programs and even touring Broadway productions across this country use fewer than 50 wireless devices on a regular basis.” The issue is critical to the performing arts sector, the working group said. Thousands of performances “are held by professional performing arts organizations each year and the use of wireless microphones is both essential to producing high-quality performances and also mitigates against significant public safety concerns,” it said. “Professional wireless capability, with successful interference protection, and sufficient spectrum to operate, is essential to our sector.” The filing was posted in docket 12-268.
The Competitive Carriers Association and members support an FCC move to place TV stations in the duplex gap as part of TV incentive auction rules, but are also open to other alternatives, CCA said in a Friday filing at the FCC, reporting on a meeting with an aide to Commissioner Mignon Clyburn. “As the Commission’s models have shown, without the ability to place broadcast stations in the duplex gap, the Commission simply cannot reclaim as much spectrum for licensed broadband deployment,” CCA said. “CCA and its members are, however, open to any solution that will maximize spectrum clearing while providing ample spectrum for unlicensed devices, and proposed various alternatives to meet these goals.” One possibility, CCA suggested, would be identifying an additional channel for unlicensed use in the post-auction broadcast segment in markets where the duplex gap is unavailable. “This ‘replacement channel’ would provide developers and manufacturers the certainty they need to invest in the band by making up for the capacity lost as a result of permitting broadcast operations in the duplex gap,” CCA said. FCC Chairman Tom Wheeler pulled an order addressing the duplex gap and other incentive auction issues from the agenda for last week's meeting, but promised action at the Aug. 6 meeting (see 1507150058).
The FCC likely hasn't rejected outright long-form applications of Northstar Wireless and SNR Wireless, the designated entities that Dish Network used to indirectly buy, using bidding credits, the second-most AWS-3 spectrum of any player in the auction (see 1507160054), Wells Fargo emailed investors Friday. Various news outlets reported Thursday the licenses are rejected under the order circulated by FCC Chairman Tom Wheeler. Industry officials told us that the order appears instead to refer questions about possible collusion to the Enforcement Bureau for further investigation. “We checked with our contacts” and “this order could just be a referral to the FCC's Enforcement Bureau to investigate unlawful collusive bidding,” Wells Fargo said. “Clearly this wouldn't be a positive either, but our point is no one knows what this document actually says.” Lawyers with ties to the DEs told us they have not been briefed on the FCC order. In comments on the competitive bidding rules approved by the agency Thursday, Commissioner Mignon Clyburn referred only to the “alleged activity that people have criticized in the AWS-3 auction.” The last thing either Dish or the FCC likely wants is another auction, said one lawyer who has represented a number of DEs. The most likely scenario would be the FCC coming up with a circumstance for granting the licenses, and Dish making up the financial difference and then trying to figure a path out of its DE arrangement. Another option before the FCC is to designate the matter for a hearing -- the same step that led to the implosion of Comcast's planned buy of Time Warner Cable -- the attorney said. In that scenario, Dish might then try to go through the hearing and make its case, arguing that its DE arrangement was similar to others the FCC has approved. “There’s some truth to that,” the attorney said. “If the FCC determined there was collusive bidding Verizon might have a strong case to sue the FCC to invalidate the entire AWS-3 auction and re-auction all the licenses,” BTIG analyst Walter Piecyk told us Friday.
Correction: The proposed FCC wireless mics report and order addresses only licensed mics, but a Part 15 report and order addresses unlicensed devices, including unlicensed mics (see 1507160054).
The decision of the IEEE 802.11 Working Group on Wireless LANs to not develop a standard for the 3.5 GHz spectrum sharing band is “very shortsighted,” New America Foundation Wireless Future Project Director Michael Calabrese said. The IEEE group complained that the restriction zones for the band are still too broad to make development of a standard financially viable (see 1507150039). “Although the FCC has adopted overly restrictive exclusion zones along the coastlines, to protect naval radar, they are temporary,” he told us. “NTIA, [the Department of Defense] and FCC have already agreed on a path to allow the private sector to deploy inexpensive sensors along the coast to protect radars. Once deployed, the exclusion zones become fairly minimal, allowing the mass markets that chip and equipment makers covet.” All indications are sensing technology “will be in place and certified in roughly the same time frame it would take to develop equipment for the band,” Calabrese said. “If the Wi-Fi standards body does not start now, they probably cede dominance of this incredibly promising small cell band to LTE-based gear.”
The exclusion zones in FCC rules for the 3.5 GHz band are still too restrictive and, as a result, the IEEE 802.11 Working Group on wireless local area networks (WLANs) will not develop a standard to support IEEE 802.11 WLANs in this band, the working group said in comments filed at the FCC in docket 12-354. The working group said it conducted a straw poll of members at a meeting in May and there was overwhelming agreement on this point. “The success of products based on this standard, depends heavily on the industry’s ability to produce low-cost devices which in turn depends on the mass production of silicon; a time consuming and very expensive process,” the filing said. “The current rules restrict the size of the potential market for products in the 3550-3700 MHz band to the point where development of such products is not economically viable.” The FCC approved an order finalizing rules for the 3.5 GHz shared spectrum band in April, opening the band partly for unlicensed use and for small cells, while protecting Navy and other systems already in the band.
The FCC should not provide a larger reserve spectrum to be set aside in the TV incentive auction than the current 30 MHz, National Urban League President Marc Morial said in a letter to the FCC. The issue is before the FCC as it takes up refinements to the auction rules at its Thursday meeting (see 1507060068). “T-Mobile -- which reportedly is in merger discussions with DISH -- has asked the Commission to increase the set aside to 40 MHz,” Morial wrote. “That would be a mistake because large multi-billion dollar corporations do not need a taxpayer-funded handout, especially when that handout comes at the expense of underserved communities. Restricting competition by reducing the number of bidders for even more spectrum would reduce the revenues raised in the auction without providing a commensurate benefit to consumers.” The filing was made in docket 12-268.
The Competitive Carriers Association and leading members T-Mobile and Sprint jointly met with FCC Commissioner Mignon Clyburn to make their case for a larger spectrum reserve than the 30 MHz proposed by the commission. Dish Network was also at the meeting. The competitive carriers also stressed the importance of getting the reserve trigger right in the auction rules, said a filing posted Monday in docket 12-269. “The spectrum reserve is the only remaining competitive safeguard still under consideration to prevent AT&T and Verizon from using the 600 MHz auction to further consolidate their already considerable low-band spectrum holdings,” the competitors said.