WCA Files Consolidated BRS/EBS And MSS Opposition And Comments With The FCC
WCA Friday filed consolidated BRS/EBS and MSS (Mobile Satellite Service) opposition and comments with the FCC. It, among other things, called on the Commission to adopt the BAS (Broadcast Auxiliary Service) repacking proposal advanced by the Society of Broadcast Engineers (SBE) to promote the ability of BRS licensees being involuntarily relocated from 2150-2156 MHz to effectively use the 2496-2500 MHz band without the threat of interference from itinerant BAS operations. The SBE proposal, under which BAS licensees would repack their usage to just the 2450-2486 MHz band through digitization, is the most effective solution to the problem, it said. The FCC should also adopt BellSouth's proposal to modify the power flux density limits imposed on MSS licensees in the 2496-2500 MHz band to better protect terrestrial users, it said. WCA urged the FCC to expedite auctions for forfeited BRS Basic Trading Area (BTA) authorizations and EBS white spaces. "The public interest will be far better served by auctioning that fallow spectrum and getting it into the hands of those prepared to deploy new services now rather than awaiting for the end of the transition process," it said. For more details, please see the filing.

WCA Files Motion To Dismiss T-Mobile's Late Opposition To WCA's BRS Recon Petition
WCA filed a motion with the FCC seeking dismissal of T-Mobile's late-filed opposition to WCA's petition for reconsideration on BRS 1/2 relocation. "It is well settled that parties in Commission proceedings are responsible for complying with the Commission's filing deadlines, and that late-filed oppositions to petitions for reconsideration are subject to dismissal," WCA said. "Indeed, where parties do as T-Mobile has done and attempt to disguise late-filed oppositions as replies, the Commission has not hesitated to dismiss the filings. Consistent with that precedent, the Commission thus should dismiss T-Mobile's untimely filing."

WCA Files Reply To Oppositions To Petition For Reconsideration Of BRS 1/2 Relocation Rules
WCA submitted a reply to the FCC responding to the oppositions filed by Ad Hoc MDS Alliance and, more importantly, United States Cellular Corp. against WCA's petition for reconsideration. U.S. Cellular had conceded that interference from non-cochannel AWS to BRS channels 1 and 2 is possible prior to relocation of BRS to the 2496-2500 MHz band. Thus WCA reiterated the need for prior coordination to assure that interference to existing BRS wireless broadband subscribers not occur.

FCC Commencing Process For OMB Approval Of New BRS/EBS Rules
FCC sought comment on whether the new paperwork requirements on licensees and/or proponents the Commission adopted as part of the April 2006 Second Order that substantially changed the BRS/EBS rules comply with the Paperwork Reduction Act. This is the first step towards securing the Office of Management and Budget approval necessary for these rules to become effective. Comments are due Sept. 15.

FCC Clarifies Procedures For Exchanging Channels Between BRS & EBS
The FCC Wireless Bureau issued a Public Notice providing guidance on how licensees should file applications to exchange channels between the BRS and EBS. The Commission recently amended its rules to clarify "that the EBS eligibility restrictions do not prevent channel swapping to further the transition." The new rules took effect on July 19.

WCA Counsel: FCC BRS/EBS Order's Reconsideration Is 'The Final Cleanup Of The Rules'
Adoption of the changes to the FCC Broadband Radio Service/Educational Broadband Service order requested by the WCA in its last week's petition for reconsideration would be "the final cleanup of the rules," WCA Counsel Paul Sinderbrand told Communications Daily in an interview: "None of the issues here are what I would consider to be showstoppers. It is important that the Commission fix them, but nothing here is going to keep the industry from moving forward in the interim."

FCC Releases Order On BRS/EBS Rule Rewrite
The FCC released today the 199-page text of the order modifying rules for 2496-2690 MHz Broadband Radio Service (BRS)/Educational Broadband Service (EBS) spectrum band. The FCC adopted the order at its April 12 open meeting, capping a proceeding initiated by the WCA in 2002. WCA is reviewing the order, with a preliminary view that it is very much a mixed bag for the industry. We shall provide more in-depth analysis next week, beginning with the most relevant committees of volunteers who have assisted in the effort to reband the spectrum for optimal deployments of broadband services. Also, WCA 2006 will have a number of sessions exploring the implications of the FCC decision on the growth and development of the wireless broadband industry. Last Friday, the FCC released a related order, which established the rules and policies that will govern the relocation of BRS channel 1 and 2 from 2150-2162 MHz to the 2496-2690 MHz band. Led by WCA Counsel Paul Sinderbrand, the association provided extensive analysis of that order to relevant committees in conference calls on Monday and today.

FCC Modifies Rules for BRS/EBS Spectrum Band
Capping a proceeding initiated by the WCA in 2002, the FCC adopted an order Wednesday that affirms in part (and changes in part) the rules for Broadband Radio Service (BRS) and Educational Broadband Service (EBS) licenses in the 2.5-2.7 GHz band. Specifically, the FCC agreed with WCA, modifying the process for transitioning to the new BRS/EBS band plan by changing the transition planning area from Major Economic Areas to Basic Trading Areas. It also adopted last week's joint proposal by WCA and the Catholic Television Network (CTN), permitting BRS and EBS licensees to enter into excess capacity leases for a maximum of 30 years but requiring that leases with terms of 15 years or longer must include a right to review the educational use requirements of the leases at 15, 20 and 25 years. Chairman Kevin Martin praised WCA and CTN for reaching a consensus on the issue. "Encouraging education and promoting the deployment of commercial broadband services are both important goals of the Commission, and we believe the leasing provisions the Commission adopts today will support them both," Martin and Commissioner Deborah Tate said in a joint statement. Concurring in part, Commissioner Jonathan Adelstein said in a statement he was "very pleased" to support the WCA-CTN compromise. Commissioner Copps concurred, saying in a statement the Commission "may be going too far" in authorizing 30-year lease terms.

As proposed by WCA, the FCC also allowed BRS and EBS licensees the option to self transition to the new band plan in markets where a proponent has not come forward or withdrawn an initiation plan. In addition, the FCC established a mechanism for eliminating overlaps between grandfathered EBS E and F channel licensees and co-channel BRS licensees by geographically splitting the overlap area as proposed by WCA, CTN and NIA. It affirmed that BRS and Mobile Satellite Service (MSS) operators can share a segment of the band at 2496-2500 MHz. Details. In a companion order, the FCC also adopted rules governing relocation of BRS channel 1 and 2 and Fixed Service licensees to clear spectrum for Advanced Wireless Service. WCA issued a press statement commending the FCC for acting to resolve the major outstanding issues with respect to the largest commercial broadband wireless spectrum band in lower frequencies. If the text of the rules is released relatively quickly WCA will plan a conference call to supplement the BRS/EBS Rules Tutorial that will be held at WCA 2006 on Tuesday, June 27 in Washington, D.C. The text of complicated FCC orders sometimes can take weeks or longer to be released after a decision is announced at an Open Meeting.

BRS Operators Committee To Resume Calls, With Sioux Valley Wireless As New Chair
Featuring discussion of the FCC's rulings this week, WCA's Broadband Radio Service Operators Committee is resuming its biweekly schedule of conference calls beginning next Wednesday, April 19. The Committee has been largely dormant the past two months while awaiting the FCC decisions. Joel Brick, wireless technical director at the South Dakota-based carrier Sioux Valley Wireless, has been named chair of the committee, succeeding Steve Garber of NTELOS, who has WCA's warm thanks for his service. A longtime WCA member and deputy chair of the committee, the new chair has 26 years of experience in radio communications systems design and installation. He is experienced in both the legal and licensing issues for both radio and wireless, and has been an effective advocate for small market operators for years. His present responsibilities at Sioux Valley include directing wireless television and wireless data activities. Additionally, he provides planning and engineering for Sioux Valley Southwestern Electric Cooperative in Colman, S.D. (Sioux Valley Wireless' parent company). Gryphon Wireless CEO Leigh Ann Spellman, whose system is based in Kearney, Nebraska, will continue as deputy chair, with an expanded role in helping organize agendas. An early provider of NLOS and plug-and-play services, her system also serves a small market. She visited WCA's offices in Washington today, and we had an opportunity to discuss plans for an active agenda through the spring for the committee.

The conference call next week will feature WCA Counsel Paul Sinderbrand providing an in-depth analysis of FCC decision-making affecting BRS, to the extent known at the time. Participants in committee's calls and meetings must be employed full-time by a WCA member BRS service provider company that has subscribers. In other words, neither licensees nor outside counsel or engineering consultants are permitted to join the discussions. To obtain the dial-in number or determine eligibility, kindly contact WCA Communications Director Susan Polyakova (susan@wcai.com).

FCC Schedules BRS & EBS Reconsideration Decision For April 12 Meeting
Following numerous recent filings in a major, multi-year proceeding on the largest broadband wireless licensed spectrum band in lower frequencies, the FCC has scheduled for its April 12 Open Meeting a decision on reconsideration petitions in the frequency band 2.5 to 2.7 GHz. This spectrum band includes the Broadband Radio Service (BRS) for commercial operators and the Educational Broadband Service (EBS), the only licensed band in the U.S. designated for educational providers, who frequently lease excess capacity to commercial providers. WCA has led the effort to have the band plan revised to enable widespread deployments, including mobile broadband. WCA in coordination with industry and education leaders submitted in 2002 a joint proposal to the FCC, which issued a decision in June 2004 that is the subject of extensive reconsideration petitions, including those by WCA. WCA and the Catholic Television Network submitted a joint statement this week to the FCC on the issue of length of lease terms.

WCA, CTN Reach Compromise On EBS Spectrum Lease Terms
After lengthy discussion, WCA as representative of the broadband wireless industry and the education community reached a compromise on the issues surrounding the maximum permissible term of Educational Broadband Service (EBS) spectrum leases. The joint agreement filed with the FCC Wednesday afternoon would provide EBS licensees with the maximum flexibility to evaluate and meet their needs in the 2.5 GHz band, while giving commercial licensees the certainty they need to devote capital to the EBS band. The issue will be part of a bigger order the FCC plans to vote on at its April 12 meeting. Specifically, WCA and the Catholic Television Network asked the FCC to amend its lease term limit rule by adding the following provisions: (1) The maximum permissible term of an EBS spectrum leasing arrangement shall be 30 years. (2) In furtherance of the educational purposes for which EBS spectrum is primarily allocated, any spectrum leasing arrangement in excess of 15 years must include terms which provide the EBS licensee on the fifteenth year and every five years thereafter, with an opportunity to access additional services, equipment or support its educational use requirements. (3) While the Commission expects the parties to negotiate in good faith, it does not intend to review an EBS licensee's assessment of its possible future needs or the terms and conditions governing the EBS licensee's acquisition of additional services, capacity, support and/or equipment.

Major Investment Firm Opposes EBS Spectrum Lease Term Restrictions
Madison Dearborn Partners - one of the largest and most experienced private equity investment firms in the U.S. - filed an ex parte statement with the FCC in opposition to a proposal that would limit the maximum possible term of any lease of Educational Broadband Service (EBS) spectrum. "Based on our experience as an investor and financial advisor to the telecommunications industry, we believe that, if the FCC imposes a lease term limit of less than 30 or 40 years or includes provisions that require a periodic re-assessment of the lease terms as a condition to long term leases, insufficient capital will flow to businesses that want to develop EBS spectrum for intensive broadband use."In a separate ex parte, Columbia Capital - a venture capital firm specializing in the communications and information technology industries - urged the FCC to provide a regulatory platform for the 2.5 GHz band that is free of any lease term limits of less than 35 years and renegotiation requirements.

WCA, NIA, CTN Ask FCC To Address EBS White Space Auction Rules
The WCA, the National ITFS Association and Catholic Television Network asked the FCC to confirm that the rules and policies governing the EBS White Space Auction will be addressed in WT Docket No. 03-66, and not in the WT Docket No. 05-211. The latter examines implementation of the Commercial Spectrum Enhancement Act and modernization of the Commission's competitive bidding rules and procedures. Otherwise, they said, the FCC should reaffirm its prior finding that bidding credits should not be available for auctions of EBS spectrum.

WCA Pushes For Longer EBS Spectrum Leases
WCA's letter to FCC Chairman Kevin Martin advocating longer education spectrum leases received extensive coverage by the Washington, D.C. trade press, including TR Daily, Communications Daily and RCR Wireless News. The letter was accompanied by the Phoenix Center's independent study, which concluded that "applying the 15-year lease limit to EBS licenses is not in the public interest and threatens the efficient use of [the 2.5 GHz] band."

WCA Extends Sympathy Over The Passing Of CommSpeed General Manager Mark Davis
Virginia Communications, Inc. sadly announced the passing away of Mark Davis, General Manager of their CommSpeed operation in Northern Arizona. Steve Merrill, Virginia Communications President said, "Mark was an enthusiastic and tireless champion of the wireless broadband industry, an excellent manager and very instrumental in the successful development of our 9,000-customer business in Arizona. He is sorely missed by all of us who worked with him. His passing was completely unexpected and has left a stunning void in our lives and the lives of his wife and children and the community in which he played such an active part."

Mark's family has requested that condolences be expressed through donations to the Friends of the Prescott Library, 215 E. Goodwin, Prescott, AZ 86303.

WCA, Sioux Valley Wireless, W.A.T.C.H. TV Urge Fair Treatment For BRS Operators
A WCA-led delegation held a series of meetings with FCC officials this week seeking fair treatment of BRS channel 1 and 2 operators relocated from the 2150-2162 MHz band. It stressed the need for the Commission to adopt rules and policies that permit BRS licensees to continue adding subscribers until moved and assure that they are fully compensated for the costs associated with the relocation. It also criticized the proposal that BRS operators estimate their relocation costs 10-15 years in the future and be limited to only 110% of that estimate, even if not relocated for 15 years. "It is simply not possible for us to estimate what our costs will be that far in advance," said WCA General Counsel Paul Sinderbrand. Officials from Sioux Valley Wireless, W.A.T.C.H. TV and WCA met with Commissioners Michael Copps, Jonathan Adelstein, Deborah Tate and their legal advisors, as well as Fred Campbell, legal advisor to Chairman Kevin Martin. Details. Separate ex parte meetings were held with officials from the Office of Engineering and Technology and the Wireless Bureau. Details.

WCA Files Replies Comments In Roaming Proceeding
WCA urged the FCC to reject the NY3G's proposal that roaming requirements be extended to Broadband Radio Service/Educational Broadband Service (BRS/EBS) providers in the 2.5 GHz band. "NY3G merely rehashes arguments that the Commission rejected just four months earlier, when it denied NY3G's petition to impose similar requirements as a condition to Commission approval" of the Sprint-Nextel merger, said WCA in reply comments. Since then, NY3G has presented no new arguments.

WCA's Meeting With FCC Officials Focuses On BRS Channel 1 & 2 Relocation
A WCA delegation to the FCC stressed the need for BRS system operators to control their own relocation process from the 2150-2162 MHz. During the ex parte meeting with FCC officials, WCA stressed the differences between the relocation of BRS consumer-based operations and prior relocations. WCA seeks relocation cost compensation consistent with those in the 800 MHz transition. WCA also opposes a 10-year sunset of AWS relocation compensation obligations.

BRS/EBS Leaders Discuss Deployments, Transitions And Pending Rule Changes at WCA Show
The Broadband Radio Service/Educational Broadband Service (BRS/EBS) tutorial held at the WCA Symposium last week convened industry leaders at the time of historic changes in the largest broadband wireless spectrum band in the U.S.  WCA Counsel Paul Sinderbrand updated participants on the progress made at the FCC on the draft order addressing all three open proceedings regarding the 2.5 GHz band.  The draft would resolve a number of lingering issues delaying widespread deployments in the number one U.S priority band for WiMAX-certified equipment.  George Harter of WiCOM Consulting focused on WCA’s proposal that the transition should be made based on a BTA, rather than an MEA.  Also at the meeting, Sprint Nextel Senior Manager, Market Transition Kanwar-Preet Jolly described the experience his company has had in going through transition in Washington, D.C., and Kansas City MEAs.  Sprint Nextel has served 2 GHz licensees in both MEAs with a “Pre-Transition Data Request” under FCC rules.  One of the lessons learned, he said, is that some licensee contact information at the FCC isn’t up to date.  “We spent a lot of time trying to get to the right person at a licensee,” he said:  “Once we did that, we found out some licensees aren’t aware of the transition process, so we had to educate them on what the process is about.”  Stephen Garber of NTELOS reported on his company’s experience in deploying broadband pre-transition and on the implications of the Washington transition proposed by Sprint Nextel on NTELOS’s systems.