FCC extends construction deadline for 2.3 GHz spectrum holders

WASHINGTON-The wireless broadband industry embraced the Federal Communications Commission’s extension of construction deadlines for 2.3 GHz licensees, but remains angry over the agency’s response thus far to terrestrial deployment of allegedly unauthorized satellite radio repeaters with the potential to undermine huge capital investment in WiMAX buildout in the United States.
Companies that faced a July 2007, construction deadline-now pushed back to July 2010-include AT&T Inc., BellSouth Corp., Comcast Corp., NextWave Broadband Inc., NTELOS Inc., Sprint Nextel Corp., Horizon Wi-Com and WaveTel NC License Corp. The companies are part of the Wireless Communications Services Coalition.
Out-of-band emissions
The firms pointed to regulatory uncertainty regarding rules and technical requirements for satellite radio repeaters to bolster their argument for extending the construction deadline for wireless broadband systems in the 2.3 GHz band. The overhang of potential interference by satellite radio repeaters looms big in wireless broadband business planning and strategy. The 2.3 GHz and 2.5 GHz spectrum bands are the two major wireless broadband frequency bands.
The FCC said Satellite Radio Inc. and XM Radio Inc. opposed giving wireless broadband companies a construction deadline extension, with satellite radio operators arguing the wireless companies knew risks were involved when they acquired their licenses. Motorola Inc. argued stiff out-of-band emissions governing wireless broadband transmitters in the 2.3 GHz band make it difficult to rollout of wireless broadband services on a large scale around the country. Moreover, Motorola pointed out, standardized wireless broadband gear for serious WiMAX service rollout is simply not yet available.
The FCC was persuaded by wireless broadband carrier arguments.
“We find that WCS licensees have demonstrated that they face factors beyond their control that have limited their options in providing service, but that new technology solutions may be available in the near future. We agree with the WCS Coalition that limited deployment attempts using available equipment have been marred by technical problems or proved to be economically infeasible,” the FCC stated.
The agency also conceded “relatively restrictive [out-of-band emission] limits may have impeded the development of WCS equipment and have contributed to the unique circumstances.”
“This represents an important step in the effort to bring WiMAX and other advanced technologies to U.S. consumers in a band that is becoming increasingly harmonized around the world for broadband deployments,” stated Andrew Kreig, president of the Wireless Communications Association International. “WCA is looking forward to working with the commission and the Digital Audio Radio Service industry to develop a set of final rules for WCS and DARS that will permit the 2.3 GHz band to reach its full potential as an effective vehicle for providing wireless broadband services to the American public.”
Satellite radio lashing
The WCS Coalition took a different tone in addressing XM Radio’s and Sirius Satellite Radio’s requests for special temporary authorizations of terrestrial repeaters. FCC filings of the two dominant satellite radio companies revealed the operation of terrestrial repeaters either at higher-than-allowed power limits or without any regulatory consent at all, but neither XM nor Sirius has acknowledged any wrongdoing.
The FCC has given no signs it is planning enforcement action.
The WCS Coalition urged the FCC to force XM to bring hundreds of its repeaters into compliance.
“The International Bureau should order XM to immediately reduce the power level of all of its unauthorized repeaters to no more than 2,000 watts peak equivalent isotropic radiated power (EIRP) and to utilize low-power repeaters as already authorized under its present STAs to the extent additional repeaters are required to fill gaps in XM’s satellite coverage,” the wireless broadband group stated in an FCC filing. “To do otherwise would reward XM for its misconduct and provide an incentive for XM and others to ignore the limitations imposed by commission authorizations.”
The WCS Coalition also accused XM of trying to hide alleged violations.
“XM’s filings to date have been carefully crafted to obfuscate the full extent of its repeated violations of that limitation, and neither the WCS Coalition nor the commission yet knows all the facts,” said the WCS Coalition. XM concedes, for example, that between Sept. 23, 2006, and the date it filed its STA request, it made numerous ‘remedial’ modifications to repeater facilities that had been operating unlawfully to bring them into compliance with its STAs. But XM has yet to disclose the extent of its illegal operations. “Instead of providing this critical information, XM continues to play a shell game with the facts,” the coalition said.
The wireless broadband coalition was just as blunt in addressing Sirius Satellite Radio’s push to swiftly grant its request for a 30-day STA permitting the company to operate 11 terrestrial repeaters that wireless broadband carriers claim were illegally constructed and operated.
“While fortuitously Sirius’ illegal operations are not located in close proximity to any operating WCS facility, they are all located in areas where it is highly likely WCS will be deployed in the near future,” the WCS Coalition stated.
“For the WCS spectrum at 2.3 GHz to achieve its potential as a viable, globally harmonized home for broadband wireless services, ubiquitous coverage will be required, and that, in turn, will require the construction of WCS facilities in proximity to DARS terrestrial repeaters. There is no doubt that if the commission grants the instant STA request and Sirius is permitted to operate its illegally constructed high-power repeaters, in time it will cause harmful interference to WCS and adversely impact the viability of WCS-based broadband offerings.”