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Martin pushes action on roaming, interference issues

Federal Communications Commission Chairman Kevin Martin said he wants action before month’s end to relax roaming rules and freeze further licensing of wireless microphones in the 700 MHz band as regulators explore policy options to address potential inference from allegedly illegal operation of wireless microphones in highly valuable spectrum auctioned earlier this year.
Martin said he will urge his colleagues to take action at or before an Aug. 22 public meeting.
Wireless providers complain the in-market exclusion in automatic roaming guidelines – approved one year ago this month – is unfair because high-priced spectrum picked at auctions is not necessary available. For example, AWS-1 and 700 MHz winning bidders have not been able to readily buildout new markets because some commercial and government users have yet to relocate from auctioned spectrum to other frequencies. Under the existing rule, which does not extend automatic roaming requirements to markets in which licensees have spectrum rights, such entities still trying to get their hands on spectrum could not secure automatic roaming accords in those markets.
“It does provide for more latitude for in-market roaming for wireless operators than the previous rule,” Martin said.
Roaming issues have gained increased prominence as consolidation marches on in the wireless industry.
The changes sought by Martin would allow new licensees to have roaming agreements for four years in markets where they are licensed, but have not yet been given access to frequencies. The four-year in-market roaming period would run from the time licensees actually gain use of the spectrum, not from the beginning of the license term itself. Another provision pushed by Martin would delay enforcement of the in-market roaming exclusion rule for one year for all wireless carriers across the board.
Rule changes pursued by Martin do not address the fiery issue of whether the automatic roaming mandate should apply to wireless data.
“While the Rural Cellular Association is relieved that the Commission appears ready to address problems with the in-market’ exception there remains a critical need for action to facilitate automatic roaming for data including broadband services,” said David Nace, general counsel to the organization. “Certain large carriers have been totally unresponsive to requests for data roaming agreements while the industry and the public wait for the commission to act on the issue. We are now at the one-year anniversary of a further rulemaking notice on data roaming and anxiously awaiting help on the issue from the commission.”
Separately, Martin said he wants to start a proceeding to develop rules regarding wireless microphone use in the 700 MHz band. There are complaints about unauthorized wireless microphone operations in the 700 MHz band. It is an odd twist to a red-hot debate over whether new wireless services should be allowed in vacant TV channels – called whites spaces – in the 700 MHz band. Wireless microphone companies and broadcasters assert unlicensed Wi-Fi applications in white spaces could cause interference to their operations.
Mark Brunner, senior director of public and industry relations at Shure Inc., said the company stopped marketing 700 MHz wireless microphones last November because of anticipated changes in the band and welcomes FCC direction in the matter.

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