FCC Releases Globalstar NPRM on Terrestrial Use of MSS Spectrum

The FCC launched a rulemaking on Globalstar’s request to use its spectrum to deploy a terrestrial low-power service (TLPS). The timing of the release, before Monday’s swearing-in of Chairman Tom Wheeler, could work in Globalstar’s favor and prevent the item from being held up, some analysts said. The longer comment period could mean the FCC will not issue a speedy decision, some analysts said. Initial comments are due 75 days after publication in the Federal Register, and replies are due 30 days later. The Consumer and Governmental Affairs Bureau also released a public notice on Iridium’s petition seeking reallocation of Big low earth orbit (LEO) spectrum from Globalstar to Iridium (http://bit.ly/1aZe6HE).

The FCC proposes making changes to Part 25 rules “to provide for the operation of low-power ATC [ancillary terrestrial component] in the licensed MSS spectrum in the 2483.5-2495 MHz band,” the NPRM said (http://bit.ly/1cIwrbn). The commission seeks further information and supporting detailed technical analysis “regarding concerns with any potential detrimental impact on existing unlicensed devices in the 2400-2483.5 MHz band,” it said. The commission also tentatively concluded that modifying Part 25 to permit low-power broadband access deployment on MSS spectrum as envisioned by Globalstar “would better serve the public interest than modifying Parts 2 and 27 of the rules, as Globalstar proposed, and we seek comment on this approach.”

The NPRM addresses concerns raised by the Wi-Fi Alliance and Bluetooth Special Interest Group about the effect of Globalstar’s proposed TLPS on unlicensed operations in and below the 2473-2483.5 MHz band. The commission seeks comment on “any costs, in terms of impacts on unlicensed operations both in the 2473-2483.5 MHz band and below 2473 MHz” that might flow from the proposed TLPS, it said.

The contents of the NPRM are “very favorable,” said Barbee Ponder, Globalstar general counsel. The FCC “appreciates how great the TLPS opportunity is and that it can make a meaningful impact near-term,” he said. “We've discussed this TLPS opportunity as the only immediate relief for existing Wi-Fi congestion that people are experiencing in major urban areas. ... We think that ultimately that will resonate with Chairman Wheeler.”

It’s clear that the approval process will take some time “because the FCC is seeking detailed technical studies from commenting parties and has set a relatively long comment deadline of 75 days after publication in the Federal Register,” said Tim Farrar, an independent MSS industry analyst, in a blog post (http://bit.ly/1bLs0eF). The longer public comment period “probably reflects the commission’s desire to conduct a thorough analysis of the technical issues and the risk/reward proposition associated with Globalstar plan,” Medley Global Advisors analyst Jeff Silva said in an email.

The Friday release is “good news for Globalstar,” said Stifel Nicolaus analysts. If FCC commissioners Mignon Clyburn, Ajit Pai and Jessica Rosenworcel hadn’t approved the NPRM before the two new commissioners were seated, “the proceeding could have been delayed for weeks by the leadership transition, with added uncertainty,” the analysts said in a research note (http://bit.ly/1bT9b9E). Globalstar likely has a good chance of convincing the FCC to approve its plans at some point next year, they said, but “the technical specifics will be critical and probably contentious.” Microsoft is a potential critic, they said: “It will be interesting to see if the big wireless carriers and cable companies, which have wireless interests, weigh in and in what form, given their influence."

The proceeding likely “will be very important to new Chairman Tom Wheeler even if overshadowed by higher-profile matters (especially in the spectrum arena) on his plate,” Silva said. There’s no silver bullet for increasing spectrum availability, he said. “I suspect Wheeler will take a multifaceted approach to pushing more spectrum into the market, and repurposing Globalstar spectrum advances the cause.” Ponder said Ruth Milkman, Wheeler’s chief of staff and former Wireless Bureau chief, is very familiar with the item and the chairman “should be able to get up to speed quickly."

The FCC said it plans to explore Iridium’s petition for a Big LEO band revision and Globalstar’s request to deploy LTE technology in the L band in proceedings separately from the current NPRM. Iridium urged the commission to consolidate Globalstar’s proposal and its own petition to designate the 1616-1618.725 MHz portion of the Big LEO band for exclusive use by MSS systems. Iridium’s petition involves only the 1610-1626.5 MHz band, “which is not within the scope of this proceeding,” it said. However, the NPRM said “should we find it appropriate, the commission reserves the right to consolidate this proceeding with any proceeding addressing Globalstar’s L-band proposal and Iridium’s petition for rulemaking.”

Iridium said it’s “extremely pleased” the commission invited public comment on its petition. Globalstar’s vision “is to focus on terrestrial services at the expense of Big LEO Mobile Satellite Services,” it said. “Iridium believes that the two conflicting visions ultimately will need to be addressed in a holistic way. The FCC’s approach allows the record to unfold in both proceedings and appropriately leaves open the option of consolidating them for consideration together.”

Globalstar may have some difficulty obtaining LTE authorization if it decided to push for it in the future, Farrar said. Proposed use of Part 25 along with a simple modification to the existing ATC rules to require TLPS to be permitted “could make it harder to get LTE approval in the future, especially in the L band,” he said.

Globalstar isn’t concerned with Iridium’s petition, said Ponder. The FCC did a four-year-long proceeding that ended in a Big LEO rebanding plan in 2007, he said, referring to the most recent revision of the Big LEO band plan. The company “relied on that order when it decided to spend the past six years and over $1 billion to deploy its new constellation,” he said. “We're confident that the FCC will reach the right decision and reject Iridium’s request.”