AT&T Wireless, Cingular and Verizon Wireless made joint filing at...
AT&T Wireless, Cingular and Verizon Wireless made joint filing at FCC Thurs., citing steps taken by several mobile satellite service (MSS) licensees that they said required Commission to take fresh look at MSS license grants, spectrum allocation and rules.…
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They said those actions had “further undermined the premises on which their [MSS] licenses were granted and the FCC’s decision not to reexamine the original satellite-only allocation.” Wireless carriers have expressed concern about New ICO’s flexible use proposal that would allow it to provide ancillary terrestrial wireless service in MSS band. “It is now even clearer that the Commission cannot act in the MSS flex docket unless and until it first revisits the satellite-only allocation decision and the MSS license grants, both of which have been pending review for some time,” 3 carriers said. Specifically, wireless operators cited as “new developments": (1) Requests filed by 3 MSS licensees to waive or extend MSS construction milestones, “even though the Commission has proposed to strengthen those milestones in a pending rulemaking.” Filing said there were “serious questions” whether some MSS licensees had entered into noncontingent contracts for system construction. (2) Filings by 2 MSS licensees to transfer unbuilt licenses and spectrum to ICO Global Communications, “notwithstanding that the milestone and antitrafficking rules preclude such efforts.” (3) Globalstar receipt of experimental licenses to conduct 6 months of tests on ancillary terrestrial service without notifying other parties in those proceedings. Wireless carriers said FCC’s Office of Engineering & Technology, when granting experimental license, had not required that detailed report be filed in record. “Given the many new interrelated issues as to the viability of MSS as a satellite-only service and the licenses grants based thereon, the carriers submit that the Commission must return to the starting point and revisit the license grants, spectrum allocation and service rules,” filing said. Carriers said that any action in MSS flexibility proceeding would be “premature” until new issues that they raised were resolved. If FCC acts otherwise, “it will be acting contrary to its market-oriented policies of not picking winners and losers and of awarding spectrum based on its highest and best use,” filing said.