Communications Litigation Today was a service of Warren Communications News.

DoD SAYS SATELLITE INTERFERENCE IS CRITICAL, NOT SOLE, 3G ISSUE

Potential interference from 3rd generation wireless base stations on defense satellites isn’t only issue to be resolved before govt. can relocate military spectrum for commercial use, Dept. of Defense (DoD) said. Deputy Asst. Defense Secy. Robert Nutwell said DoD agreed with General Accounting Office (GAO) report that more information was needed before govt. could safely reallocate 1755-1850 MHz band for 3G wireless Internet. However, while satellite issue is critical, he said, “it is just one of many that must be resolved before national decisions are made regarding the possible use of this band… DoD’s nonspace systems provide essential military capabilities and must be given equivalent attention in sharing, segmentation and relocation studies, as they have in the DoD report.”

Pentagon advocated inclusion of industry in future spectrum interference studies. It said GAO hadn’t recommended industry participation in further spectrum analyses: “[T]he recommended effort for further DoD analysis will be significantly hampered unless combined with further industry analysis and identification, and identification of additional workable solutions, as a basis for consideration in future DoD studies.”

CTIA Senior Vp-Govt. Affairs Steve Berry said group looked forward to working with govt. to balance “national security priorities and national economic prosperity.” He said finding more spectrum for industry was “time-sensitive priority” since other nations already had identified suitable spectrum for 3G deployment: “If the [U.S.] is to remain globally competitive, we must make sure no party drags its feet… In the meantime, the FCC can provide temporary relief by removing spectrum caps, which limit the wireless industry’s [access] to new, innovative and quality services.”

Sen. Inhofe (Okla.), ranking Republican on Armed Services Committee Readiness & Management Support Subcommittee, had released draft GAO report last month on defense spectrum management. GAO released revised report Tues., incorporating responses from DoD, Dept. of Commerce, FCC. Inhofe staffer said technical appendix was added to initial report “to help technical people understand the specifications used” in DoD and industry satellite interference calculations.

Another change in final draft was GAO’s clarification of its original recommendation that Commerce Secy. identify alternative spectrum for Pentagon use before making reallocation decision. GAO has heeded DoD’s suggestion that NTIA and FCC work jointly to identify possible nongovernmental spectrum for military use. An Inhofe aide said “no substantial changes” had been made in report.

Commerce Secy. Donald Evans said his department was “well aware of its obligation to identify comparable spectrum” for Defense use. He said FCC Chmn. Michael Powell recently indicated “more time is needed in the 3G spectrum allocation process,” and since has directed the Commission to work with NTIA and appropriate Executive Branch agencies to develop new spectrum plan. FCC Managing Dir. Andrew Fishel said Commission agreed that “all interested parties, including the commercial wireless industry and [DoD], work together to resolve” these issues.