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FCC to propose service rules for H-block in Sept.

WASHINGTON-The Federal Communications Commission hopes to adopt proposed service rules for the H-block at its September meeting despite concerns expressed by the wireless industry about possible interference to existing PCS users, said John Muleta, chief of the FCC’s Wireless Telecommunications Bureau.

The H-block (1915-1920/1995-2000 MHz) was originally a PCS guard band with little or no operations, but now is being considered for advanced wireless services.

“We are going to have a notice of proposed rulemaking to determine the service rules on how to operate in this band,” Muleta told reporters at a Tuesday press briefing .

Muleta acknowledged that some parties, including the Cellular Telecommunications & Internet Association, would prefer to delay adopting the proposed service rules until interference testing is completed but said that because the item is only a proposal, “there is plenty of time for parties” to express concerns and do testing.

CTIA has had several recent meetings, including one on Tuesday to propose a test plan instead of service rules.

“Given that the potential for overload interference to occur when a mobile H-block device is operated in close proximity to a wireless PCS handset is undisputed, CTIA believes that testing is required to confirm the scope and nature of such interference and to allow for reasoned decision making on this crucial issue. The importance that PCS customers place on reliable communications and the importance that these communications play in our nation’s economy and in public safety demand no less. To that end, CTIA has developed a test plan and is in the process of securing independent test services to ensure that the overload and out-of-band emissions interference potential is fully understood,” said Paul Garnett, CTIA director of regulatory policy, in an Aug. 13 letter.

In yet another break with the wireless trade association, Nextel Communications Inc. has said it believes that handsets can be manufactured for both the H- and G-blocks with sufficient filtering technology to prevent harmful interference to existing PCS operations.

The FCC proposed allocating the G-block as part of its plan to solve public-safety interference in the 800 MHz band.

On other spectrum issues, Muleta held firm that the Jan. 12 re-auction of the spectrum returned by bankrupt NextWave Telecom Inc. will have a set-aside for designated entities.

“The FCC has some final rules for Auction 35. The same rules apply. Open eligibility is not what the current rules call for,” said Muleta.

Auction 35 was the FCC’s re-auction of NextWave’s spectrum that was overturned by the U.S. Supreme Court.

CTIA in July asked the FCC to open the January auction to all bidders.

“The real question is do you want to get the spectrum out into the marketplace or do you want to delay? Opening a rule making could take a long time,” said Muleta.

Muleta believes that bidders in the January auction will be looking to fill holes in their footprints and that since the high-tech bubble has burst, “people will be much more disciplined. Speculation will be at a minimum.”

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