WASHINGTON—The Federal Communications Commission rejected Cyren Call Communications Inc.’s broadband public-safety plan only days after putting it out for public comment. The move stands as a setback for Cyren Call, but Morgan O’Brien, the company’s chairman, said it won’t stop Cyren Call from seeking congressional approval for its plan.
The FCC said Cyren Call’s initiative was contrary to auction law. The two-page ruling was issued late Friday and signed by FCC Acting Public Safety and Homeland Security Chief Bureau Kenneth Moran. At the same time though, the FCC left open the rulemaking proceeding—officially launched by the agency Oct. 30—for public comment on the plan.
Cyren Call’s plan seeks to set aside for public safety 30 megahertz of 700 MHz spectrum currently that is designated for commercial services. The spectrum is set to be auctioned for commercial use by January 2008.
The FCC’s rejection of Cyren Call came just a few days after mobile phone association CTIA sent FCC Chairman Kevin Martin a letter urging him to dismiss the proposal.
“The FCC has previously considered and dismissed a similar petition for rulemaking filed by Northrop Grumman that likewise sought to reallocate portions of the 700 MHz band for public safety services. Should the FCC fail to dismiss Cyren Call’s petition, such an action would be directly inconsistent with the Northrop dismissal,” CTIA said in its Oct. 31 letter to Martin.
O’Brien said the FCC’s rejection doesn’t spell the end for Cyren Call.
“It’s regrettable that the commercial wireless industry is so fearful of new solutions that they’ve tried to stop a public debate over how to best meet public safety’s needs. But despite their best efforts, two important facts remain. First, the public may still offer comment on our proposal until Nov. 29. And second, Congress will have the final say over how to best use this valuable spectrum resource,” O’Brien said.
As such, O’Brien said Cyren Call will continue its campaign to win approval for its proposed broadband public-safety solution.
“And while the wireless industry might be able to get our proposal dismissed at the FCC, no one can dismiss public safety’s need for a solution. First responders around the country are sure to be upset about the FCC’s action, and I expect that that anger will strengthen their determination to submit comments on our proposal and to express their support to Congress. We know this plan will require congressional action. That’s why we have been working with public-safety leaders over the last few months in drafting legislation, and we are confident that this plan will ultimately receive strong backing from Congress.”
FCC members, lawmakers and public-safety groups could not be reached immediately for comment.
