FCC grants public comment extension for AWS-3 spectrum: Move a victory for T-Mobile USA

The Federal Communications Commission begrudgingly agreed to a brief public comment extension on a controversial free-wireless Internet plan. The plan is opposed by major mobile-phone carriers, which fear interference to their operations, and Republican lawmakers, because of license conditions they claim will lead again to revenue-draining consequences associated with open-access licenses acquired by Verizon Wireless in the 700 MHz auction earlier this year.
Today was to be the comment deadline on an advanced wireless services-3 proposal – championed by FCC Chairman Kevin Martin and backed by Democrats who control Congress – which envisions the auction of national wireless broadband license with free service, open access and opt-out pornography filtering provisions. The FCC set new comment and reply comment dates for July 25 and Aug. 11, respectively.
T-Mobile USA Inc., the smallest of the four national wireless providers and the big winner in the AWS-1 auction in 2006, said more time was necessary to complete internal interference testing and compile results for FCC submission on any impact of possible TDD operations in the 2155-2175 MHz and 2175-2180 MHz AWS-3 bands.
But the agency did little to hide its apparent irritation in granting T-Mobile USA the shorter of two requested comment deadline extensions. T-Mobile USA preferred an additional 90 days for public comment on the AWS-3 proposal.
“It is the policy of the commission that extensions of time shall not be routinely granted,” the FCC stated. “Nevertheless, in this instance, we find that providing additional time for filing comments will serve the public interest by ensuring the development of a more complete and well-developed record in response to the [further notice of proposed rulemaking].”
The FCC, however, added: “We note that parties have had notice of the possibility that TDD operations would be permitted in the AWS-3 band since at least the issuance of the AWS-3 Notice of Proposed Rulemaking in WT Docket No. 07-195 nearly one year ago – and nothing proposed in the FNPRM alters that basic proposal. We also note that interested parties have already been in the process of commenting and engaging in a meaningful dialogue about these issues in comments filed in response to the AWS-3 NPRM.”
M2Z Networks Inc., a Silicon Valley-funded startup headed by former wireless policymaker John Muleta, claims the wireless industry’s push for more time to conduct testing is a ruse designed to delay FCC approval of the AWS-3 initiative this year. The firm’s free, family-friendly wireless broadband plan was rejected last year by the FCC, prompting a legal challenge in the U.S. Court of Appeals for the District of Columbia Circuit. Despite its legal battle with the FCC, M2Z appears ready to bid on a national AWS-3 license.