House members ask for extension on D-Block comments: Move could postpone 700 MHz re-auction past mid-2009

The government’s goal of restructuring 700 MHz public-safety/commercial rules by year’s end and conducting a re-auction in mid-2009 could be in jeopardy, with key House members urging Federal Communications Commission Chairman Kevin Martin to slow down the rulemaking so parties have more time to review and comment on a new proposal set for agency vote tomorrow.
“Though we believe this auction should be initiated expeditiously, we were disappointed to learn that you propose to give the public just 14 days to comment on this lengthy item and only seven days to file replies to those comments,” said House Commerce Committee leaders in a letter to Martin. “It is important that the commission craft a workable set of rules. We believe the comment cycle should more closely reflect the complex legal, administrative, and technical nature of this proceeding and that the public should have at least 45 days to digest the item and prepare and file comments and 15 days to reply to those comments.”
The FCC’s scheduled D-Block vote on Thursday involves whether to put the new proposal out for public comment. An FCC vote on final rules would come later. The big question is how much later. It is unclear the extent to which other FCC commissioners might seek changes to Martin’s D-Block plan before tomorrow morning’s meeting.
The Martin D-Block blueprint keeps the public-private partnership approach intact, lowers financial bidding barriers, includes national and regional licensing options (the latter allowing for LTE and WiMAX technologies), provides relaxed and flexible network construction requirements and instills greater clarity and certainty regarding the relationship and obligations of first responders and commercial entities. The D Block would pair 10 megahertz of commercial spectrum with 12 megahertz of public-safety spectrum in a 700 MHz band highly regarded and valued by the private sector and first responders alike because of the airwaves’ strong propagation characteristics.
Lawmakers and major stakeholders have known for weeks about Martin’s desire to move swiftly on changes to the D Block, which previously carried a minimum $1.3 billion price tag and went unclaimed in the700 MHz auction earlier this year.
Martin, who wants to lower the cost of the D-Block license(s) to $750 million, said he believes expediting the proceeding is necessary if the agency is to approve final guidelines by year’s end and hold a re-auction by next June. Policymakers have voiced support for moving aggressively forward on D-Block revisions in hopes of attracting a bidder with the wherewithal to bring interoperability and broadband capabilities to first responders.
Some lawmakers insist it is precisely because the stakes are so high that more time is required to study and comment on the proposed D-Block overhaul.
“It’s critical to our national public safety that this second attempt to auction licenses for the so-called D-Block spectrum achieves the goals of spurring the creation of a state-of-the-art, interoperable broadband infrastructure for first responders in a realistic and pragmatic way while also creating additional wireless broadband choices for consumers,” said House telecom subcommittee Chairman Edward Markey (D-Mass). “Therefore, in crafting the rules to govern this important auction the commission should ensure that they are fully reviewed by the public – and allow ample time for input and analysis – before they are finalized.”
Lengthening the public comment cycle along the lines advocated by Markey, House Commerce Committee Chairman John Dingell (D-Mich.) and Rep. Jane Harman (D-Calif.) could make it difficult – if not impossible – for the FCC to issue final 700 MHz D-Block rules by the end of the year.
“While we appreciate the [lawmakers’] comments, there’s no way we could complete the rulemaking by year’s end without an expedited comment period in place,” said Robert Kenny, an FCC spokesman. Kenny added there is strong support from much of the public-safety community for getting revised D Block rules in place before next year.
Indeed, major public-safety groups are anxious to avoid a long delay.
In FCC filings this week, the Association of Public Safety Communications Officials International and the National Emergency Number Association emphatically stated they want revamped D-Block rules issued this year. Harlin McEwen, chairman of the Public Safety Spectrum Trust (the 700 MHz public-safety broadband licensee), told RCR Wireless News that while a slight public comment extension might be warranted, stretching out the rulemaking over a protracted period could prove harmful to FCC efforts on D-Block reform.
Top Democrats on the House Commerce Committee also have concerns about a still-unofficial plan they suspect is heavily skewed toward a national license, citing the possibility that a national license could be awarded even if regional bidders collectively bid more money for D-Block spectrum.
“While it may be that the commission will ultimately award a national license, we believe the commission should fully consider the merits of regional licensing, on the condition that regional networks are interoperable and should be wary of weighting the playing field toward a nationwide license,” state House Commerce Committee members in the letter to Martin.
The FCC’s Kenny said the agency’s overarching objective is to get cutting-edge 700 MHz public-safety services to as much of the country as soon as possible. Such an outcome might not be realized, he explained, if some regional licenses are left stranded in bidding. National licensing has wide support among public-safety agencies, though a few cities and some mobile-phone carriers prefer a regional approach for the D-Block re-auction.