The Federal Communications Commission is seeking feedback on new options to auction a nationwide wireless broadband license with requirements to provide free Internet service, content filtering and open access to third-party devices and applications.
While the agency’s move is not apt to assuage fierce critics of the initiative, it could give federal regulators greater legal cover if opponents decide to take the FCC to court after a final decision is made.
The FCC proposed combining the 2155-2175 MHz band with the 2175-2180 MHz band to create a 25 megahertz block of spectrum that would support a single nationwide license. The spectrum is commonly referred to as advanced wireless services-3.
“This larger block size may allow the AWS-3 licensee to make more robust use of the spectrum while operating at a stricter out-of-band emission limit,” the FCC stated. “Alternatively, another proposed option would be to retain the 2155-2175 MHz AWS-3 block and allow the licensee to operate with a more traditional out-of-band emission limit.”
A fast-track public comment cycle is expected for the latest FCC AWS-3 blueprint. An FCC spokesman said the agency hopes to rule on the matter as early as August.
The wireless broadband plan pushed by FCC Chairman Kevin Martin has been highly controversial, with the mobile-phone industry raising concerns about potential interference to incumbent operators in adjacent frequencies and accusing telecom regulators of tailoring an auction to a particular business model. The latter appears to be a veiled reference to M2Z Networks Inc., a Silicon Valley-funded startup headed by former wireless policymaker John Muleta. The firm’s free, family-friendly wireless broadband plan was rejected by the FCC, prompting a legal challenged in the U.S. Court of Appeals for the District of Columbia Circuit.
“We’re looking forward to the commission making its final decision in July and seeking to supplement the record,” said Muleta.
Interference worries
T-Mobile USA Inc., the smallest of the four national wireless carriers and the top bidder in the AWS-1 auction in 2006 – the carrier bought 120 licenses for nearly $4.2 billion – is particularly concerned about the possibility of its investment being undercut through the introduction of new operations in nearby AWS bands.
“T-Mobile applauds the commission for its decision to release a further notice seeking comment on its proposed AWS-3 service rules,” said Tom Sugrue, VP for government affairs at T-Mobile. “By imposing such an expedited pleading cycle, however, the commission appears to be denying itself the opportunity to engage in the appropriate joint testing required to examine empirically the significant interference issues raised in this proceeding. T-Mobile looks forward to detailing these concerns in its comments and to sharing with the commission its own interference test results.”
The carrier recently launched AWS I (1.7 GHz/2.1 GHz) operations in New York and plans to roll out service in that band in other markets as well this year.
The FCC proposals would require the AWS-3 national licensee to use up to 25% of its network capacity for free, two-way broadband Internet service at data rates of at least 768 kilobits per second downstream. A network-based filtering mechanism would be required for the free Internet service to protect children and families from obscene content, though the agency would allow users to opt-out if they choose not to have content blocked. The American Civil Liberties Union previously said it would be unconstitutional for the FCC to require filters to block pornography.
The AWS-3 winning bidder also would have to provide coverage and service to at least 50% of the total U.S. population within four years and to at least 95% of the population by the end of the 10-year license term. The FCC said it would permit both downlink and uplink transmissions throughout the entire 2155-2180 MHz band.
H Block
The commission is also seeking comment on service rules for the H Block, which encompasses AWS spectrum in the 1915-1920 MHz and 1995-2000 MHz bands. The proposal includes auctioning licenses on a basic trading area basis for 10-year license terms, with licensees required to provide coverage to at least 35% of the population in each licensed area within four years and at least 70% of the population in each licensed area by the end of the license term. Base and fixed transmissions would be prohibited in the 1915-1920 MHz band, the FCC noted, and mobile transmissions would be prohibited in the 1995-2000 MHz band.
Meantime, Reps. Anna Eshoo (D-Calif.), Christopher Cannon (R-Utah) and Edward Markey (D-Mass.) are sponsoring a bill to foster deployment of a national, family-friendly wireless broadband network with open access.
In remarks to the Federal Communications Bar Association at a luncheon Friday, Markey, chairman of the House telecom subcommittee, said he welcomed Martin’s plan “to auction spectrum for a free, lifeline broadband service.”
FCC details plans for free nationwide wireless broadband: T-Mobile USA worries over interference
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