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LMCC WORKS TO SHARE SPECTRUM WITH FEDS

WASHINGTON-Representatives of the Land Mobile Communications Council have begun informal contacts with the National Telecommunications & Information Administration, the agency that must approve any spectrum-sharing arrangement with the federal government, sources said last week.

NTIA confirmed that a meeting was held last Thursday on spectrum issues. LMCC April 22 petitioned the Federal Communications Commission to allow private wireless users to gain access to more spectrum through sharing arrangements with federal government users.

The FCC does not have the authority to authorize spectrum-sharing with the federal government. This authority rests with NTIA and Congress. For this reason, LMCC expects to begin substantive talks on the petition with NTIA in the next few weeks, said John M. Kneuer, chair of the LMCC Task Force on Private Wireless Spectrum Allocation.

LMCC hopes to share spectrum with the Department of Defense and the Federal Aviation Administration. The need for spectrum by these two agencies is changing in ways that will make sharing possible, LMCC said in its petition.

Dan Phythyon, chief of the FCC’s Wireless Telecommunications Bureau, commended LMCC on the analysis used in the petition. “It is impressive that you have attempted to model the work after the [Public Safety Wireless Advisory Committee] report,” he told the LMCC at its annual meeting last week. Phythyon cautioned, however, there are multiple steps that must be accomplished before the goals of the petition can be realized. One of these steps is working “very closely with NTIA,” he said.

The petition was filed in response to conference report language in the Balanced Budget Act of 1997 that requires the FCC to consider the spectrum needs of the private wireless industry. The petition asks for a total of 125 megahertz of spectrum by 2010 beginning with an immediate allocation of 15 megahertz. This spectrum would serve the needs of private wireless users that cannot be met by commercial providers. The spectrum shortage for private wireless occurred after large blocks of spectrum were auctioned for commercial purposes.

LMCC disputes the notion that all private wireless needs can be met by commercial providers. “There has been a prevailing school of thought that private mobile radio services needs can be fully satisfied by [commercial mobile radio service] service provider. This belief is misguided … nearly all large PMRS licensees maintain contracts with CMRS providers for some of their communications needs … PMRS users own and operate complex communications systems to provide effective internal communications,” according to the petition.

One reason that CMRS systems are not suited for private wireless uses is they are licensed on a wide geographic basis rather than site-by-site as is needed for private wireless.

The still-in-progress refarming proceeding will not provide the needed spectrum on a timely basis, the petition charged. Refarming allows for more flexible use of the spectrum by mandating the use of spectrum-efficient equipment.

LMCC began its argument for more spectrum by pointing out the importance of private wireless users to the U.S. economy. For example, “nearly all of the Fortune 500 companies have at least one radio system licensed in the private radio services. The top 10 industrial companies have more than 6,000 private land mobile licenses,” the petition said. Private wireless systems are used by 275,000 U.S. companies in the public-safety, aviation, agriculture and industrial sectors, the petition added.

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