Frontline public-safety plan draws cheers, jeers

Federal Communications Commission member Robert McDowell cast doubt on Frontline Wireless L.L.C.’s public-safety broadband plan, which picked up backing from consumer, utility and public-interest groups last week, with the GOP regulator echoing a cellular industry criticism that the proposal comes too late, and full consideration of it might delay the start of the 700 MHz auction later this year.
“Frontline’s proposal has some attractive components, particularly its open access proposal. But of course it was filed late in the process, and so that has complicated matters a little bit for us,” McDowell told reporters. “It would have to be put into an NPRM [notice of proposed rulemaking] and that could possibly delay the auction, and I’m concerned if the auction were delayed much further, it could become more difficult to deposit the proceeds by late June of ’08 as mandated by Congress. Such delay could be especially ironic in that a portion of auction proceeds are earmarked for public-safety interoperability.”
Frontline, whose leadership team includes former officials of previous Republican and Democratic administrations and ex-Vanguard Cellular founder Haynes Griffin, took exception to McDowell’s auction-delay fears.
“We share every commissioner’s commitment to ensuring the auction deadlines are met. We think there is ample time for the FCC to put this out for a quick public notice and meet upcoming deadlines, including the requirement that the deposits from the auction are made by June 2008 in the U.S. Treasury,” stated Frontline.
McDowell said a delay could also hurt small businesses interested in participating in the auction of 60 megahertz in the propagation-friendly 700 MHz band, which congressional budget experts predict could raise up to $15 billion.
“The delay could shorten the window for smaller businesses to work with FCC staff to complete the application process and, just by illustration, we still have 16 designated entities that we’re processing in the AWS [advanced wireless services] auction and working with them closely on their application to make sure it can be successful for them,” McDowell said.
On a related front, a legal challenge of the FCC’s DE program-one that could potentially overturn the AWS auction results-is set for oral argument late next month at the 3rd U.S. Circuit Court of Appeals in Philadelphia.
McDowell said he was considering whether Frontline’s open access concept-whereby 10 megahertz of commercial spectrum adjacent to public safety’s 700 MHz spectrum would be available for both private and first-responder use-could be addressed in an open rulemaking. In that proceeding, the FCC is leaning toward mandating half of public safety’s 24 megahertz for broadband-only, first-responder communications.
FCC Chairman Kevin Martin, who is focused on 700 MHz auction preparations, reportedly shares McDowell’s concerns about bidding delays.
Meantime, a slew of organizations last week urged the FCC to promptly put Frontline’s plan out for comment. The Save Our Spectrum Coalition said the FCC should craft the 700 MHz auction to foster wireless broadband alternatives based on net neutrality principles. This is opposed by leading wireless, wireline and cable TV service providers.
Members of the coalition include Public Knowledge, Media Access Project, Consumers Union, Consumer Federation of America, New America Foundation and Free Press. The coalition and the Utilities Telecom Council are fond of Frontline’s open access approach and want the latest public-safety initiative given a hearing as soon as possible.
The FCC is nearing a decision on auction and service rules for the 700 MHz band. The auction is expected to begin this fall.