WASHINGTON-The Federal Communications Commission plans to consider at its Feb. 10 meeting proposed rules that will allow unused private-wireless channels in the 900 MHz band to be used for other purposes.
“The goal is to try to infuse some flexibility into the band,” said an FCC official who declined to be named.
The notice of proposed rulemaking is a part of the spectrum reform initiative championed by outgoing FCC Chairman Michael Powell. Additionally, it is expected to propose auction rules for the 900 MHz band. The auction would be of geographic area licenses not site-specific licenses.
The FCC is also expected to address the ongoing controversy regarding Nextel Communications Inc. subsidiary ACI 900 Inc. and the 35,000 applications ACI 900 filed shortly after the FCC adopted its plan to solve public-safety interference in the 800 MHz band.
Following the ACI 900 application dump, the private wireless and critical infrastructure division of the FCC’s Wireless Telecommunications Bureau froze all 900 MHz applications out of a concern that Nextel may not be able to “obtain the necessary ‘green space’ to house some of its systems while the 800 MHz band is reconfigured to abate unacceptable interference to public safety, critical infrastructure and other ‘high-site’ 800 MHz systems.”
The FCC’s 800 MHz rebanding plan calls for Nextel to use its 900 MHz frequencies to maintain service. The FCC in July adopted a plan to solve the interference problem, swap some spectrum with Nextel and have Nextel pay to move other companies off the spectrum band Nextel would receive. The FCC released the text of the plan in early August and made modifications to it in December. Nextel is scheduled to decide whether to accept the plan by Feb. 7. In the interim, Nextel has agreed to a merger with Sprint Corp.
Earlier this month, the Land Mobile Communications Council, a coalition of private-wireless organizations, asked the FCC to lift the freeze. On Tuesday, the public-safety division refused to lift the freeze.
“Although we are maintaining the freeze in force, our concerns have been lessened somewhat by the representations made by Nextel. Specifically, Nextel indicates that it will withdraw most of the ACI-900 applications and acknowledges that all 900 MHz private-wireless applicants-Nextel included-have the burden of demonstrating both eligibility and need. Nextel also acknowledges that conversion from private wireless to commercial wireless operation is not ‘automatic’ but must be accomplished only pursuant to an application for modification of license, and that 900 MHz cellular-architecture systems may be designed in a manner that does not present the interference potential feared by LMCC. Accordingly, to afford Nextel the opportunity to specify the 900 MHz applications it wished to withdraw, we are suspending processing all of ACI-900’s applications until further notice,” said Michael Wilhelm, chief of the WTB public safety and critical infrastructure division.
Nextel officials were unavailable to immediately comment on the division’s actions.