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Guard-band licensees submit public-safety plan at 700 MHz

WASHINGTON—Guard-band licensees in the 700 MHz band have asked the Federal Communications Commission to scrap existing band rules that govern how they operate and adopt a plan that they say would give public-safety users a nationwide interoperable wireless broadband network. The plan also would allow the guard-band licensees to offer commercial wireless services on their existing channels, as well as buy more spectrum on adjacent 700 MHz frequencies.

As part of the proposal from Access Spectrum L.L.C. and Pegasus Communications Corp., bidding credits would be given to licensees that establish partnerships with public-safety users, effectively lowering the price licensees pay for the 700 MHz spectrum set to be sold at auction. “The beauty of this approach is that it has the potential to provide considerable benefits for our nation’s first responders without upsetting the delicate balance Congress created when it instructed the FCC to auction the spectrum for commercial use,” said Michael Gottdenker, chairman and chief executive officer of Access Spectrum L.L.C.

In other words, guard-band licensees believe their proposal would not require Congress to take action. “Promoting public safety through the use of radio communication is one of the core purposes underlying the Communications Act,” according to the proposal. “The FCC’s broad authority over auctions and spectrum management permit the issuance of public-safety partner bidding preference in the 700 MHz auction.”

This is at least the third proposal that aims to fix public-safety interoperability problems using 700 MHz spectrum. Cyren Call Communications Inc. proposed setting aside 30 megahertz of spectrum in the upper 700 MHz band for a public-safety network that the wireless industry would build and share with first responders. The plan would require congressional approval.

“Unlike the plan suggested by Cyren Call, (our) approach does not require legislation to prevent the congressionally mandated auction and allows multiple service providers the opportunity to bid for the privilege of providing service to the public-safety community,” said Gottdenker.

Verizon Wireless has been floating an alternative solution that would use 12 of the 24 megahertz set aside at 700 MHz for a public-safety network as part of the transition to digital TV. In addition, wireless trade association CTIA also is examining whether it can develop a plan for commercial/public-safety sharing.

Access Spectrum and Pegasus already have asked the FCC to scrap the band-manager concept and allow cellular operations in the guard bands, saying they’ve had a difficult time finding companies that want to use their spectrum because there is so much uncertainty associated with it.

The guard-band proposal submitted to the FCC did not spell out whether or how bidding credits would be conditioned. “We did not attempt to define the nitty-gritty details of the bidding credits. That is best left to public safety and commercial sitting down and figuring out what public safety’s needs are,” Gottdenker told RCR Wireless News.

Under the Access Spectrum/Pegasus plan, licenses would be issued in 52 major economic areas, which also is how the guard bands are segmented. This suggestion likely would be opposed by small and rural carriers, which already have asked for 700 MHz spectrum to be divided according to cellular marketing areas. Access/Pegasus would prefer only spectrum in the lower 700 MHz band could be licensed that way.

“It is not that we are trying to make it harder for the smaller guys. We are tying to maximize the use of the spectrum,” said Andrew Rein, Access Spectrum director of strategy and operations.

FCC Chairman Kevin Martin has said the FCC plans to put the Cyren Call petition out for public comment shortly.

The FCC created two guard bands for spectrum at 700 MHz, separating commercial and public-safety uses. Guard-band managers were told to lease spectrum to other users. Indeed the FCC allowed band managers to use less than half of the spectrum for internal operations. This prohibition has become cumbersome so early this year the commission asked whether it should be removed.

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