POWELL PLEDGES TO MOVE QUICKLY ON MMDS STATUS

In signal that FCC may be moving toward taking MMDS and Instructional TV Fixed Service (ITFS) out of consideration for 3G, Chmn. Powell at Thurs. agenda meeting pledged Commission action by end of month on those bands. While saying he would move quickly, he didn’t spell out his position on whether MMDS and ITFS should be taken out of running for 3G. But Comr. Tristani felt strongly enough about need to have done that in further notice approved at meeting that she dissented in part from item on additional spectrum for advanced wireless services. She said her partial dissent was because notice didn’t take step now of removing MMDS and ITFS from consideration for potential relocation to make way for 3G services. Comr. Copps expressed “sympathy” for points raised by Tristani, and Comr. Abernathy reiterated her stance advocating need to provide certainty to those licensees by removing threat of relocation. While action addressing status of MMDS and ITFS spectrum has been put off for short time, FCC still approved further notice and separate notice of proposed rulemaking to examine other spectrum bands for advanced wireless uses (see separate story, this issue).

Powell referred to item as “companion order” that would address “state of affairs with regard to those spectrum bands.” One possibility, sources said, is that item would remove those bands from potential relocation for 3G services. Copps said intergovt. discussions needed to continue in next few weeks. Talks have involved NTIA, Dept. of Commerce, FCC and others on 3G spectrum options. Speed with which Powell has teed this up for vote puts pressure on new NTIA Dir. Nancy Victory to deal quickly with issue, industry source said. Victory is likely to face opposition from Defense Dept. on any effort to take 2.5 GHz band out of consideration. But short period of additional time that FCC has set aside to clear issue doesn’t appear to be signal that there aren’t enough votes on 8th floor to clear item, several sources said. Instead, additional time is needed to vet item as part of customary coordination process between FCC and NTIA on such items, sources said. While vetting process with NTIA still must be completed, Commission appears poised to take relocation possibilities off table for MMDS and ITFS users and explore potential reallocation options, one source said.

“It’s high time to remove the cloud of uncertainty hanging” over that spectrum, Tristani said. “Delayed deployment here is a disservice,” she said, and possibility of relocation or reallocation for those spectrum users had hindered licensees’ ability to roll out services. “At a minimum, we should have eliminated the cloud of relocation,” she said. Copps said those issues had been out there for more than year “and the time is ripe for a decision.” Comr. Martin said he also was “concerned about the impact that our current proceedings have on the MMDS and ITFS licensees.” He said he, too, was disappointed that item couldn’t be dealt with at Thurs. meeting, but that he appreciated Powell’s commitment to address it shortly. Abernathy also repeated her interest in resolving “regulatory uncertainty” over spectrum. At Wireless Communications Assn. convention this summer, Abernathy had said she was reluctant to tap MMDS and ITFS spectrum for 3G because there were “other options.”

MMDS and ITFS providers had asked FCC to include language in further notice on 3G that would remove bands from debate, with operators voicing concerns about financial impact of regulatory uncertainty. One expectation, source said, had been that Commission would reach tentative conclusion in Thurs. further notice that that should be done. Verizon Wireless has told FCC that taking MMDS and ITFS out of consideration before larger decisions were made about 3G spectrum would be “premature.”