FCC moves on 2155-2175 MHz spectrum band

The Federal Communications Commission launched a rulemaking on the highly-sought 2155 MHz-2175 MHz spectrum band, setting the stage for a resumption of a wireless open-access debate that gained strength during in the agency’s 700 MHz proceeding.
Late last month, the FCC tossed out applications of M2Z Networks Inc. and others that wanted the 2155 MHz-2175 MHz spectrum for a wireless broadband network. M2Z has challenged the agency’s ruling in the U.S. Court of Appeals for the District of Columbia Circuit. The mobile-phone and wireless broadband sectors opposed the M2Z plan.
Google Inc., consumer advocates and special-interest groups lobbied for open-access and wholesale conditions in the 700 MHz spectrum being auctioned early next year, but scored only a partial victory. The FCC will require licensees of a 22 megahertz spectrum block to allow third-party devices and applications in that chunk of spectrum. Those entities have now set their sights on the 2155-2175 MHz band, hoping to see open access, wholesale and a nonexclusive, unlicensed regime mandated in what’s known as the advanced wireless services III band.
Democratic members of the GOP-led FCC said the commission should move swiftly to set rules for the 2155 MHz-2175 MHz band and get the spectrum into the marketplace.
“It has been several years since the commission designated this spectrum for use by advanced wireless services and over a year since parties first expressed specific interest in seeking authority to operate in the band. As we have heard over the past 18 months, this band holds great promise for operators to introduce new offerings of innovative wireless broadband services to American consumers,” said Commissioner Jonathan Adelstein. “But unused spectrum is a lost opportunity. While I would have preferred that we address the keen interest carriers already have demonstrated in the 2155 MHz-2175 MHz band much sooner than today, I nevertheless am pleased that we are finally moving forward to put into place the framework for the innovative and efficient use of this spectrum.”
Commissioner Michael Copps said he favors the rulemaking approach, but one without regulatory delay.
“I believe a general rulemaking-in which interested parties from industry and the public interest community, as well as members of the public, are free to comment-is plainly the right way for the commission to decide among these various models,” said Copps. “I am especially pleased that my colleagues have agreed to commit to issuing service rules for the AWS-3 band within 9 months from the date this item is published in the Federal Register. The one outcome that would plainly not serve the public interest is for this spectrum to remain unavailable for advanced wireless services.”
FCC Chairman Kevin Martin and the Bush administration generally continue to face pressure to create a regulatory environment in which a wireless competitor to the cable TV-wireline broadband duopoly can emerge.
“Promoting broadband deployment and increasing penetration continues to be one of the commission’s highest priorities. This spectrum has the potential to encourage the provision of a variety of broadband services in support of this goal, and I am pleased that the commission has committed to address these issues in a prompt manner,” said Martin.
The FCC is seeking public comment on, among other things, wireless broadband data rates, specific build-out requirements, and specific pricing plans to be offered. M2Z had proposed to offer free broadband access and to pay the U.S. Treasury 5% of revenues from subscription services in exchange for obtaining the spectrum without competing in an auction. Wireless data speeds proposed by M2Z were criticized for being too slow. Future operations in the 2155 MHz-2175 MHz band could compete directly with mobile Internet offerings by cellular carriers.