WASHINGTON-The Industrial Telecommunications Association warned the Federal Communications Commission not to use a pending proceeding involving Nextel Communications Inc. to make a de facto ruling that private wireless spectrum should be auctioned.
“Saia [Communications Inc.] argues that the policy behind the prohibition against intercategory sharing will no longer be `rational’ once the [FCC] `as expected, adopts an auction allocation scheme for business channels above 800 MHz.’ While ITA acknowledges that the Balanced Budget Act of 1997 expanded the [FCC’s] auction authority, and such action may have some impact on the licensing mechanism for the business pool channels above 800 MHz, relying on such future regulatory action in the context of this proceeding is incredibly presumptuous.
“ITA emphasizes that the implementation of the [balanced budget act] will be the subject of a rule making proceeding-one that has not yet been initiated and will very likely be hotly contested … The [FCC] must process Nextel’s waiver request under current rules and policies without any consideration of the not yet initiated [balanced budget act] rule making proceeding,” ITA said in reply comments filed on Dec. 11.
The FCC is considering Nextel’s request for 54 waivers to use industrial/business channels in the 800 MHz band for commercial service. Nextel proposes to use licenses, obtained through negotiations with licensees in the industrial/business channels, as replacement channels for industrial/business incumbents that will be relocated out of the upper 200 800 MHz channels or in providing its integrated Digital Enhanced Network-based wireless service.
Both the Personal Communications Industry Association and the American Mobile Telecommunications Association believe the FCC should not limit the waiver, if granted, to Nextel.
PCIA believes it is “wholly inappropriate” for only Nextel to benefit from a policy allowing private wireless channels to be used for commercial purposes, said PCIA outside counsel Alan Tilles. “If this is appropriate for Nextel, it is appropriate [for other licensees]. It is not a waiver, it is a rule making … The FCC should examine [this issue] as a rule making,” Tilles said.
“AMTA recommends that the FCC proceed expeditiously to permit both commercial 800 MHz licensees, such as Nextel Communications Inc. and [AMTA’s] other specialized mobile radio service members, and non-commercial business and industrial/land transportation licensees the regulatory flexibility to engage in the voluntary assignment of authorized, operational spectrum between licensee class,” AMTA said in its comments.
