Globalstar Spectrum NPRM Seen Having Chance for Action
Although Globalstar’s proposal to use some of its spectrum for a terrestrial low-power service (TLPS) is vying for attention with major spectrum efforts at the FCC, it most likely will be acted on, observers said in interviews last week. The 22 MHz that Globalstar would like to repurpose would be put to use quicker than spectrum won in the AWS-3 or broadcast spectrum incentive auctions, some said. Iridium is continuing to urge the FCC to consolidate its petition to reallocate the spectrum in the big low earth orbit (LEO) band with Globalstar’s proposal.
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The comment period on the proposal ended in June, with some wireless companies urging more testing for interference. Some mobile satellite users supported changes to gating criteria as a condition of the TLPS offering (CD June 10 p8).
The FCC was generally approving of the Globalstar proposal in the NPRM on it, said Donald Evans, a Fletcher Heald telecom attorney who represents wireless companies. “While there were some oppositions at the edges of what Globalstar was seeking, I didn’t see any of those oppositions as really that strong.” Evans said he sees no reason why the FCC couldn’t act on the proposal before the year’s end, “maybe with some tweaks at the edges of their original proposal.”
Globalstar has continued to push for a decision on its proposal, in ex parte meetings this summer. The proposal is still considered very important at the FCC, said Barbee Ponder, Globalstar general counsel. It’s “much less controversial and much less complicated than anything else that the FCC has going on,” he said. There’s an existing ecosystem of devices “that can be upgraded remotely, quickly and efficiently such that consumers can begin to experience a meaningful difference quickly,” he said.
The AWS-3 auction and TLPS proposal address different needs, said Felix Wai, New Street Research analyst. AWS-3 is “close to how the carriers like to use spectrum, so they will like that better,” he emailed. While TLPS is different and a bit more complex, “it is likely still good spectrum,” he said. “All spectrum will be needed in the future."
Evans and Ponder agreed the FCC’s 2012 approval of Dish Network’s AWS-4 spectrum for a terrestrial service most likely works in favor for Globalstar’s effort. Having approved Dish’s AWS-4 proposal, “this should be a much easier leap for the commission to take,” Evans said. It’s not so dramatic a change of the license, he said.
TLPS is “low-hanging fruit,” said Ponder. Given everything that the FCC has going on spectrum-related, it “should view this as relatively easy, certainly easier than it was to essentially repurpose satellite spectrum to terrestrial spectrum for Dish,” he said.
Globalstar is within its right to tell the FCC it has a more efficient plan for spectrum use, said Blair Levin, Gig.U executive director. Making sure spectrum is used efficiently is one of the most important things the government has to do, he said. If it’s not being used effectively, the government should find a way “to the extent possible, through market forces and other means, to have rules that allow the market and consumer demand to drive the most efficient use,” he said. This has been demonstrated through changes, like Dish’s effort, “you see it in a curious way with LightSquared, and you certainly see it with the incentive auction,” he said. Globalstar is telling the FCC that there’s a set of rules that don’t allow it to use its spectrum efficiently, he added. Dish’s approval “signifies the FCC’s willingness to be flexible to get spectrum to market,” New Street analyst Wai emailed.
Iridium argued that its petition and Globalstar’s proposal seek to define the future of Big LEO mobile satellite service (MSS) and should be considered together, an Iridium spokeswoman said in an email. The companies operate in the same band. Wherever Globalstar deploys its proposed terrestrial service, “you can no longer have satellite services,” she said. If the commission lets Globalstar move forward, it must “ensure opportunities for future MSS by licensing additional spectrum to meet Iridium’s growth needs,” she said.
Ponder said he doesn’t think the FCC will revisit the Big LEO band spectrum allocation. The FCC confirmed the allocation in 2007, and the company “relied on that order to launch $1 billion worth of satellites and to grow its MSS customer base,” he said. “I don’t see that there’s any true risk that the FCC is going to want to now upset the apple cart.” The International Bureau had no comment.