An FCC rulemaking on making S-band mobile satellite spectrum available...
An FCC rulemaking on making S-band mobile satellite spectrum available for broadband would take too long and undermine the benefits of the spectrum, Dish Network said. The comments (http://xrl.us/bmhbb2) responded to critics of its transfer of control and waiver requests…
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(CD Oct 19 p4). The company seeks to take control of DBSD and TerreStar and their 40 MHz of S-band spectrum and has sought a separate waiver from the FCC to use the spectrum terrestrially. “Shelving the waiver requests to await the outcome of rulemaking proceeding, which in turn may depend on uncertain Congressional action,” could seriously delay use of the spectrum, said Dish. The complexity and breadth of issues considered within the FCC’s MSS notice of inquiry create too much uncertainty, said Dish. The commission last year asked for input on how best to use MSS spectrum terrestrially. Without the waivers, Dish said it’s uncertain it could begin the design and construction of a terrestrial network. Concerns over potential interference raised by CTIA are misguided because the 3rd Generation Partnership Project, which included the association’s members, agreed recently on interference protection standards for LTE in the band, said Dish. It said the waivers would not create a windfall -- a jump in value of the spectrum that comes from allowing terrestrial use -- for Dish. It’s buying the companies for $2.8 billion in an auction that was open to all interested parties, the filing said. The possibility of flexible spectrum rules and the uncertainty of future regulatory changes were part of the market analysis, Dish said. While much of the arguments on the Dish waiver issue came up as part of the FCC’s review of LightSquared’s service, the focus on windfalls is relatively new in the debate at the agency, said satellite-industry consultant Tim Farrar. As the federal government looks to decrease deficit spending, the idea of spectrum fees and incentive auctions for MSS spectrum has grown more prominent, most recently as part of the American Jobs Act proposal, he said. It’s unclear if the commission will be willing to rule on the issue before a clear path is decided on the windfall issue, he said. The FCC could rule on the transfers of control first and wait to rule on the waivers issue in the future, said Farrar.