Kevin Martin

FCC to vote on AWS-3, may table D-block reauction

Lynnette Luna — Thu, 04 Dec 2008 00:03:31 -0500

The FCC will consider a Dec. 18 vote on the AWS-3 auction, which stipulates a nationwide wireless broadband network that offers a portion of service for free and filters out pornography. Chairman Kevin Martin said part of the plan considered would be to make that spectrum available for unlicensed use if the winner bidder fails to meet certain buildout deadlines.

"I think it's important for the commission to try to move forward to make maximum use of spectrum and provide an opportunity for additional broadband service," Martin was quoted as saying in RCR News.

Martin has for some time pushed for a nationwide license in the 2155-2180 MHz band that would require the winning bidder to open up 25 percent of its network for free broadband access. T-Mobile, which owns a substantial number of licenses in the adjacent AWS-1, opposes the FCC's plan over interference concerns.

Meanwhile, it appears rules for the 700 MHz D-block reauction won't be considered during the Dec. 18 meeting, according to a report in Urgent Communications. In September, the FCC adopted a notice of proposed rulemaking concerning the D-block auction, but the public-safety community and commercial operator community appear to be divisive on the issue.

On Sept. 25, the FCC adopted a notice of proposed rulemaking addressing the D block, but a subsequent comment period revealed increasing divisiveness within the public-safety and commercial camps that eventually would need to reach an agreement to make the public-private partnership model work.

For more:
- read RCR News
- check out Urgent Communications

Related articles:
T-Mobile fires back at M2Z ahead of AWS-3 auction
FCC Chairman looking to vote on D-block, AWS-3 auctions next month

Telecom operators urge FCC to change proposed AWS-3 auction rules

Lynnette Luna — Mon, 24 Nov 2008 15:25:26 -0500

A group of wireless and wireline carriers including T-Mobile, CTIA, U.S. Cellular and the Independent Telephone & Telecommunications Alliance filed a letter with the FCC asking the commission to consider changing its proposed rules pertaining to the AWS-3 auction the FCC plans to vote on Dec. 18.

The FCC wants to auction a nationwide license in the 2155-2180 MHz band that would require the winning bidder to open up 25 percent of its network for free broadband access. M2Z has been lobbying the FCC for these rules as the company said it was capable of capitalizing on such a business plan. The letter urges the FCC to adopt rules that allow multiple opportunities for companies to compete for licenses.

"Contrary to assertions by M2Z, we believe that this spectrum is very valuable," the group wrote. "Specifically, the commission should adopt rules that enable multiple opportunities for new wireless broadband deployments across the country and reject, once and for all, the M2Z-backed proposal that would mandate (as opposed to permit) a single company's business plan and technical requirements and threaten the prospects of mobile wireless broadband competitors utilizing the adjacent bands."

T-Mobile is concerned about AWS-3 band signals interfering with its AWS-1 spectrum operations. An FCC engineering report concluded interference wasn't a problem, but T-Mobile begs to differ.

President Bush's top telecom policy adviser, Meredith Attwell Baker, also disagrees with the stipulations FCC Chairman Kevin Martin wants to place on the licensee.

In particular, the group of operators want the FCC to take the following actions: License the spectrum within smaller geographic areas and change the band plan in a way the operators say would optimize broadband services. They want the AWS-3 band paired with the J block to create a single asymmetric license combining the 2020-2025 MHz block used for uplink with the 2155-2180 MHz block used for downlink. The also propose that the FCC license the AWS-3 spectrum in multiple spectrum blocks.

Related articles:
NTIA head opposes AWS-3 auction stipulations
FCC Chairman looking to vote on D-block, AWS-3 auctions next month
T-Mobile, others file opposition to FCC's AWS-3 test results

NTIA head opposes AWS-3 auction stipulations

Lynnette Luna — Sun, 23 Nov 2008 23:30:00 -0500

As the FCC prepares to vote on the controversial AWS-3 auction Dec. 18, President Bush's top telecom policy adviser, Meredith Attwell Baker, is disagreeing with the stipulations FCC Chairman Kevin Martin wants to place on the licensee. Martin wants to require the winning bidder to offer up 25 percent of its network capacity for free broadband service, filter out pornography and provide service to at least 95 percent of the U.S. population within a 10-year timeframe.

"Auctions without price or product mandates create a level playing field. Restrictions and conditions on spectrum use, however well intentioned, are not the most effective or efficient way to encourage development of services or to assist underserved areas," stated Baker, acting head of the National Telecommunications and Information Administration, in a Nov. 18 letter to Rep. K. Michael Conaway (R-Texas.). "Subject to appropriate government rules to prevent harmful interference, government should rely on market forces to determine the best use of spectrum."

Moreover, T-Mobile and other commercial operators remain concerned about possible interference the AWS-3 band could pose to network operators in the AWS-1, where T-Mobile owns a significant amount of spectrum. The FCC said its own engineering tests show interference isn't a problem, while T-Mobile begs to differ and could file suit if the FCC moves ahead with the plan.

For more:
- read RCR News

Related articles:
FCC Chairman looking to vote on D-block, AWS-3 auctions next month
T-Mobile, others file opposition to FCC's AWS-3 test results

FCC approves Sprint-Clearwire WiMAX combo

Lynnette Luna — Tue, 04 Nov 2008 22:55:14 -0500

The FCC unanimously approved the merger of Sprint Nextel's Xohm WiMAX business with Clearwire, saying the combination would spur competition in the mobile broadband market and accelerate the buildout of advanced technology.

Commissioner Deborah Taylor Tate said the competitive analysis of the deal was straightforward and that the new company "could be a textbook example of the new third pipe we have been looking for."

Sprint and Clearwire Corp. announced in May that Sprint would be merging Sprint's Xohm business with Clearwire to create a new company. The new company, also called Clearwire, will have a $3.2 billion investment from Intel, Google, Comcast, Time Warner Cable, Bright House Networks and Trilogy Equity Partners.

For more:
- check out FierceWireless

Related articles:
Introducing the "new" Clearwire
FCC to vote on Verizon-Alltel, Sprint-Clearwire mergers
Curious about Clearwire?
Are Kevin Martin's wireless broadband dreams in peril?

NAB calls for comment period on FCC white-space report

Lynnette Luna — Sun, 19 Oct 2008 19:54:03 -0400

Following the FCC's engineering report released last week that said certain unlicensed white-space devices don't pose an interference threat to broadcasters, the National Association of Broadcasters said it filed an emergency request with the commission urging the agency to follow its own standard practice and seek comment on the technical report. The NAB is been a big opponent of white-space devices, saying they pose a grave interference threat.

"... (I)t has been the Commission's practice to adopt rules based on complex data only after allowing the public an opportunity to comment on that data," the broadcasters stated. "Failure to provide adequate opportunity for public comment on information so central to the outcome of this proceeding raises serious questions about compliance with the Administrative Procedures Act."

Not only did the FCC release the report, but Chairman Kevin Martin voiced support for white-space devices. The commission is set to vote on whether to proceed with a rulemaking process on the issue Nov. 4. The report said white-space devices with geolocation and sensing technologies could be used with some conditions without interference to existing surrounding users such as television broadcasters and wireless microphones, but nixed the idea of devices that rely solely on spectrum sensing.

For more:
- read this release

FCC set to vote on white-space issue Nov. 4

Lynnette Luna — Wed, 15 Oct 2008 19:59:04 -0400

The FCC's Office of Engineering Technology (OET) released a report stating white-space devices with geolocation and sensing technologies could be used with some conditions without interference to existing surrounding users such as television broadcasters and wireless microphones.

At the same time, FCC Chairman Kevin Martin said he was going to circulate to his fellow commissioners the OET report that lays out what standards devices looking to operate in the white spaces must meet to avoid interference with broadcasters. He's seeking a vote on the idea at the FCC's Nov. 4 meeting. Though the OET stated geolocation and sensing technologies would be adequate to avoid interference, it said devices with sensing only technology would have to undergo another round of testing within the FCC labs.

Companies like Google, Microsoft and HP have argued for unlicensed use of the white-space--the unused slivers of spectrum in the 700 MHz band between spectrum used by broadcast TV stations. Broadcasters have opposed the idea, saying it will create too much interference.

"I'm hoping to take advantage of utilizing these airwaves for broadband services to allow for unlicensed technologies and new innovations in that space," he said. "This spectrum is very conducive to broadband service ... the white spaces can be used as long as it does not interfere with broadcasters."

For more:
- read Cnet News
- check out the Washington Post

Related articles:
Could white space become the next BPL debacle?
Google steps up white-space lobbying efforts with new web site

FCC wants to wrap up its Sprint-Clearwire review

Peggy Albright — Sun, 28 Sep 2008 22:53:26 -0400

FCC Chairman Kevin Martin Thursday said the agency's review of the Sprint Nextel and Clearwire joint venture is one of the top-priority items it has to deal with during the remaining months of the Bush administration and that the commission's goal is to finish its work on the pending merger before the end of the year.

For Sprint and Clearwire, which have targeted a year-end close to the transaction and assured investors that the process is moving ahead on schedule, the FCC's assertion that it is determined to complete this review during the quarter will be considered positive news and an additional indication the companies should be able to meet their deadline.

Earlier this month, Clearwire CFO John Butler said the companies believed they were making good progress presenting their case to the FCC, where some cellular carriers, most notably AT&T, have opposed the deal, and he said he was optimistic the merger would be on the FCC docket soon. Comcast, which is a partner in the new Clearwire, has also promised a fourth-quarter close.

Verizon's pending acquisition of Alltel, which is also awaiting approval by the FCC, will be reviewed by year-end as well, Martin said.

Related articles:
Clearwire says Sprint deal will close soon
Comcast exec sees end of year Clearwire close

FCC has new plan to re-auction D-block spectrum

Peggy Albright — Sun, 07 Sep 2008 20:23:17 -0400

Late Friday, the FCC divulged a new proposal to re-auction D-block spectrum that failed to find a bidder during the 700 MHz auction held earlier this year. The new proposal will be discussed at the commission's Sept. 25 meeting.

During a conference call with reporters on Friday, FCC Chairman Kevin Martin said the new plan will require a lower starting bid and ease the construction requirements that contributed to the failure of the original auction. The new auction will call for a starting bid of $750 million (roughly half of the $1.3 billion required the first time around) and it extends the construction period from 10 to 15 years. If no bidder comes forth for the entire block, companies will be able to bid on 58 separate regional licenses. The commission has considered and has developed approaches for allocating costs to various regions in the event a regional approach is used. It will not license spectrum on a regional basis unless at least 50 percent of the regional licenses are won.

The D-block spectrum, reserved for use in partnership between public and private companies, is intended to give cash-strapped public safety agencies access to the network in times of emergencies. This new proposal will certainly draw intense examination and debate between all the stakeholders, including public safety agencies, commercial operators, and new entrants that are interested in this resource.

For more:
- see this article in The Washington Post
- see this article in Broadcasting&Cable

Public safety looks to make D-block reauction enticing to commerical operators

Lynnette Luna — Sat, 09 Aug 2008 00:26:23 -0400

The Association of Public Safety Officials (APCO) has submitted recommended technical changes to the FCC regarding the rules governing the re-auction of D-block spectrum, which failed to garner a bidder that was willing to plunk down the $1.3-billion reserve price during the 700 MHz auction earlier this year.

APCO believes the commission would create a greater financial incentive for a commercial operator to bid on the 10-megahertz block if that spectrum was coupled with another 10-megahertz of spectrum that is already allocated to public safety. Under that scenario, public safety would have priority access on no more than 50 percent of the network's capacity rather than 100 percent proposed the first time around. That would maximize the business opportunity for the commercial operator, noted Sean O'Hara of Syracuse Research in an article from Urgent Communications.

"This may seem like a concession," O'Hara of Syracuse Research said during a panel discussion at last week's APCO conference. "But, if this [network] is not built, we're not going to get to use more than that 10 megahertz anyway."

Recently, FCC Chairman Kevin Martin said that the commission won't make a decision on whether to re-auction the 700 MHz D-Block spectrum or to auction the AWS-3 spectrum until at least September.

For more:
- read Urgent Communications

Related stories:
FCC says auction decision won't happen until September. Auction story
What does public safety do now? D-block editorial

Anxiety rises over FCC's AWS-3 auction plans

Lynnette Luna — Tue, 08 Jul 2008 18:24:13 -0400

Despite the mounting criticism lobbed at FCC Chairman Kevin Martin over the commission's plan to auction spectrum that would require the winning bidder to offer free wireless broadband, there is no sign the chairman plans to abandon the plan, says an article in RCR Wireless News. That means the FCC is on track to adopt final rules for the Advanced Wireless Services-3 spectrum--the 2155-2175 MHz and 2175-2180 MHz bands--as soon as next month.

The chairman apparently sees that Democrats, who control Congress, support his efforts, but leading operators and Republican lawmakers are increasing the heat in hopes of getting the FCC to reconsider its plans. They believe such a move could be a repeat of the 700 MHz D-block debacle where the swath of spectrum didn't meet the minimum bid requirement.

"We think your proposed rules could repeat this mistake by tailoring the AWS-3 spectrum largely to the business model of a single party," Reps. Joe Barton (R-Texas) and Cliff Stearns (R-Fla.) said in a letter to Martin. "Placing these conditions would result in the commission choosing winners and losers, as well as denying taxpayers the added revenue the spectrum would likely fetch if auctioned without the conditions." Of course, the single party the lawmakers are referring to is M2Z, which has been lobbying the FCC for two years with a similar plan.

The commission is proposing to combine the 2155 to 2175 MHz band with the 2175 MHz to 2180 MHz band to create a 25-megahertz swath of spectrum that would support a nationwide license. The spectrum is referred to as advanced wireless services-3 and would require the licensee to dedicate 25 percent of its network capacity to free broadband service, install a network-based Internet filtering system to block pornography and allow open access to third-party devices and applications.

Analysis from the Phoenix Center says that the FCC's proposed auction of a nationwide 25-megahertz license in the Advanced Wireless Services (AWS) band would garner about $2.8 billion at auction if the license didn't come attached with these conditions.

For more:
- read RCR Wireless News

Related stories:
T-Mobile calls for delay of FCC's free wireless broadband initiative. T-Mobile story
Report: AWS-3 license would fetch $2.8B without FCC's conditions. AWS-3 story
Interview with M2Z: Free wireless broadband can work. M2Z interview
FCC looks to fast-track free wireless broadband network initiative. Wireless broadband story

FCC delays decision on free wireless broadband network

Sue Marek — Sun, 08 Jun 2008 18:12:50 -0400

FCC Chairman Kevin Martin decided to remove the planned discussion regarding a potential auction of 25 megahertz of unused wireless spectrum from the June 12 meeting agenda. This auction would include 25 megahertz in the 2155 MHz to 2180 MHz band and would require the winning bidder to offer free broadband service under a strict build-out schedule.

Martin says he removed the proposal from the agenda because he wanted to look into concerns raised by some wireless carriers. The CTIA yesterday criticized the FCC in a filing saying that the proposal "upends two decades of spectrum policy in favor of a specifically tailored auction designed to advance the particular business model of a single company."

Nevertheless, Martin remains committed to the plan. An FCC spokesman told RCR that Martin believes more time is needed to examine concerns on the interference issue, but he does not agree with some critics who are pushing for an interference standard that is more cumbersome than the restrictions that were set forth for both the AWS-1 spectrum and the 700 MHz spectrum in those respective auctions.

The FCC plans to include this item on a July open meeting agenda. An auction could happen as early as December 2008.

The FCC's plan was similar to what M2Z Networks proposed back in 2006. The company asked the FCC for 25 megahertz of vacant spectrum in the 2155 MHz to 2175 MHz band to offer free wireless broadband service. The FCC subsequently dismissed M2Z's request. More recently, Rep. Anna Eshoo (D-Calif.) introduced new legislation, known as the Wireless International Nationwide for Families Act, that would direct the FCC to auction unused spectrum, the 2155 MHz to 2180MHz band, and require the winner to offer a free wireless broadband network that reaches 95 percent of the U.S. population within 10 years.

For more:
- see this RCR story.
- see this Silicon Alley Insider report
- read this IDG news service report

Related stories:
FCC mulls another spectrum auction. Read this spectrum auction story
Will a spectrum auction requiring free broadband services work? Read this spectrum auction editorial