FCC tests find no interference, AWS-3 auction draws closer : T-Mobile USA disputes findings while M2Z pops cork

The Federal Communications Commission tentatively concluded that nationwide broadband operations in the advanced wireless services-3 band will not interfere with T-Mobile USA Inc. and others in the advanced wireless services-1 band, possibly signaling the agency is close to issuing final rules for an auction next year that could prove disruptive for the telephone-cable high-speed Internet duopoly.
The report, issued by the FCC’s Office of Engineering and Technology, is an analysis of laboratory bench tests conducted Sept. 3 – 5 in Seattle on the potential for interference from operations in the AWS-3 band – the 2155 – 2180 MHz – to those in the AWS-1 band at 2110 – 2155 MHz.
T-Mobile USA, which spent $4.2 billion on 120 AWS-1 licenses at an auction two years ago and is banking on big holiday sales with the rollout of 3G service in more than two dozen markets by year’s end, said the Seattle testing – as well as previous spectrum analyses – pointed to interference from AWS-3 transmissions. Other wireless firms and industry association CTIA backed T-Mobile’s interpretation of testing results.
M2Z Networks Inc., backed by Silicon Valley investors and foiled in its initial attempt to obtain an AWS-3 national license before the FCC decided to auction the spectrum, countered that Seattle testing did not prove AWS-3 TDD devices would not be able to peacefully coexist with AWS-1 mobile-phone communications.
Intel Corp., the world’s top chipmaker with a huge financial vested interest in seeing WiMAX take off in the United States, told the FCC it agreed with M2Z’s assessment.
M2Z said the new FCC report vindicates its position and testing of other expert bodies.
“M2Z Networks has long advocated that the AWS-3 spectrum band be used to provide two way nationwide broadband services. The report released today [Friday] by the FCC’s Office of Engineering and Technology confirms our long held belief that two-way broadband service in AWS-3 will not cause harmful interference to adjacent bands,” said M2Z CEO John Muleta. “Moreover, this comprehensive FCC report and its findings are consistent not only with the FCC’s own precedents in the 700 MHz band and the 2.5 GHz band but also with the findings of other progressive international regulators like the United Kingdom’s spectrum regulator Ofcom.
Muleta said further delay in the AWS-3 rulemaking is not warranted.
“[T]he time is now ripe for a decision on the FCC’s proposal to make the AWS-3 band available for a free lifeline broadband service,” said Muleta, former chief of the FCC’s wireless bureau before launching M2Z. “There is no longer any need for American consumers, the public interest and the FCC’s regulatory process to be held hostage as it has been for the last five months by incumbent carriers like Deutsche Telekom’s T-Mobile and AT&T [Mobility] who have used unfounded claims of interference to disguise their intent to prevent the introduction of new broadband competition in the AWS-3 band.”
T-Mobile blasted the FCC’s evaluation of Seattle testing data.
“While we are glad the FCC engineers finally put their observations on the record, we have serious concerns that their analysis is flawed and relies on factors that were not the subject of the testing, while ignoring other important data in the record,” said Kathleen Ham, VP for federal regulatory affairs at T-Mobile.
Ham added: “In light of this, we are concerned that the result was predetermined unfairly. We and the multiple parties concerned about interference will strongly urge the FCC to provide for sufficient time for comment on their report before any FCC action on these rules. Such a process has been encouraged by various parties and members of congress and is only fair given the impact to existing AWS licensees and their customers and because of the complexity of the technical rules involved.”
Meantime, the National Emergency Number Association urged FCC Chairman Kevin Martin to take into account any potential impact on wireless 911 calls as it considers AWS-3 technical rules.