WASHINGTON-The consensus agreement formulated earlier this year by the American Mobile Telecommunications Association, SMR Won, Nextel Communications Inc. and the Personal Communications Industry Association has completed Round One of the public-comment cycle, with most of the large specialized mobile radio concerns marching in lockstep in their approval.
As the rules stand now, only rural telephone companies are allowed to partition licenses. The new proposal-which not only advocates the Federal Communications Commission’s partitioning and spectrum disaggregation plan for 900 MHz operators but furthers it to include 800 MHz and personal communications services licensees-has found favor with Pittencrieff Communications Inc., Fisher Communications Inc. and Industrial Communications & Electronics Inc. Motorola Inc. said expanding the geographic partitioning provisions will make it easier for small businesses to enter the commercial mobile radio service market. Motorola also noted that disaggregation promotes effective spectrum use by allowing existing licensees to acquire additional spectrum as needed.
While agreeing with most of the petition for rulemaking, CelSMeR cautioned “certain restrictions and limitations should be instituted to protect current licensees and to ensure efficient use of the spectrum.” The company believes 900 MHz licensees should not be able to disaggregate fewer than one channel pair, and that the FCC should not allow major trading area licensees to disaggregate a mobile frequency without its associated base station.
“Disaggregating a mobile frequency from its paired base frequency could lead to improper use of that mobile frequency as a base or other fixed station at a higher-than-authorized ERP, causing interference to other licensees,” the company commented.
Fighting the proposal tooth and nail was the Rural Telecommunications Group, a coalition of small telephone companies. RTG charged that adopting the consensus agreement would “open the door for less-qualified entities to undertake the responsibility of ensuring that the rural areas of the country receive quality, innovative SMR services in a timely manner.” The group cited the reputation of rural telcos to speed new services to their customers via an embedded infrastructure, something a new company could not do easily.
RTG also questioned whether a new entrant would have the commitment to serve rural markets if it could make enough money by serving higher-populated areas within the region. It also feared that negotiations with wireless licensees could be “halted or protracted so that SMR licensees can shop their partitioning agreements to the highest bidder. The search for the best offer will lead to delay in the ultimate delivery of SMR service to rural areas.” RTG suggested that any wireless licensee interested in partitioning could seek a waiver, and that the FCC should not codify this proposal.
As its final comment, RTG pointed out that most rural telcos sat out of the 900 MHz auction due to high prices, counting on their exclusive partitioning right to allow them to provide service at a later date. “If AMTA’s partitioning proposal is adopted, then the commission will have, in effect, eliminated all preferences afforded rural telephone companies and bankrupted their opportunity, and right, to provide SMR service,” RTG said. `This proposal benefits few and disadvantages many.”
