Renewal-Showing Proposal Brings More Carrier Opposition
Green Flag Wireless said the FCC should view as predictable comments from wireless carriers that don’t want the commission to toughen its rules showings need for wireless license renewals. The opposition of incumbent carriers was expected, Green Flag said in reply comments. Meanwhile, wireless carriers and groups that represent them said in their replies that the record shows the FCC does not need to require more-detailed renewal showings (CD Aug 10 p3).
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"We observe that most commenters, who currently hold wireless licenses, were naturally quite comfortable with the proposed renewal procedures which would insulate them from competitive challenge,” Green Flag, joined by CWC License Holding and James McCotter, said in a filing.
The filing takes particular aim at Wireless Communications Service licensees, including some major industry players. “WCS licensees who had not provided any service during their license term are not entitled to a renewal at all,” Green Flag said. “Joint Commenters recognize that application of the rules to the WCS licensees will work a forfeiture on some of them. But the Commission routinely and unceremoniously strips licensees of licenses when they fail to meet construction requirements. Usually this happens to small licensees rather than big companies like AT&T or Sprint or Nextwave -- a circumstance that sometimes causes the public to wonder if there is one law that applies to big companies and another that applies to small ones."
T-Mobile said the record shows that the commission should reject the renewal showing and compliance demonstration outlined in the licensing notice of proposed rulemaking. “Commenters agree that the proposal would increase the complexity and ambiguity of the renewal process, which in turn would discourage investment and encourage litigation, to the detriment of competition and consumers,” the carrier said. “Commenters further agree that the proposed ‘regulatory compliance demonstration’ is unreasonable and unduly burdensome."
"The proposed new procedures would alter, without any justification, regulatory expectations with which wireless licensees have lived for decades and in accordance with which they have constructed their systems, contrary to law,” US Cellular said. The new requirements would hit rural carriers particularly hard, the Rural Cellular Association said. “Under the proposed requirements, the FCC would impose costly and burdensome requirements on wireless licensees, particularly rural and regional carriers,” said RCA. “Many rural and regional carriers do not have the support staff to prepare information for a detailed renewal showing. Nor do they have the resources to pay attorneys for the same purpose.”
"It is important that AICC member companies be able to utilize radio spectrum, frequently licensed under Part 90 of the Commission’s Rules, in order to send wireless alarm signals to the monitoring central station, and to communicate with security guards/response personnel,” the Alarm Industry Communications Committee said. AICC said it agrees “with nearly every commenter that the proposed renewal showing is problematic and that most of the proposals in the notice would create more problems than they would solve.”