RABC FCC Review May 2006 FCC Chairman Martin

RABC FCC Review - May 2006 • FCC Chairman Martin has identified Broadband Growth as a “top priority”, striving for “ubiquitous nationwide coverage” citing past and scheduled FCC actions: – – • • • Continuing progress on BRS/EBS Proceeding – see below. Public Safety broadband allocations in 700 MHz and 4. 9 GHz AWS auctions (June 2006) – see below Completion of 700 MHz auctions (2008) FCC has established the procedures for the AWS Auction No. 66, scheduled to begin June 29 2006. Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, etc. , AU Docket No. 06 -30, released on April 12. FCC modified the 2496 -2690 MHz BRS/EBS rules to facilitate Wireless Broadband access. Transition planning areas changed from Major Economic Areas to Basic Trading Areas. The Commission also will permit EBS licensees to enter into excess capacity leases for a maximum of 30 years, with 5 year reviews starting at year 15. These actions are intended to provide incumbents and potential new entrants in the 2496 -2690 MHz band with greater flexibility, thereby encouraging efficient use of the spectrum. The FCC and the NTIA issued a joint Public Notice to assist coordination in the 17101755 MHz band, and to facilitate the transition of this band from Federal Government to non-federal use. Doug Docherty 1

RABC FCC Review - May 2006 • • • The FCC modified its “Designated Entity” eligibility rules for the scheduled AWS auction. This order, released April 26, places restrictions on the ability of applicants and licensees that have certain types of spectrum leasing or resale agreements to qualify for DE benefits. On April 26 2006, the Office of Engineering and Technology (FCC OET) is seeking comment on petitions for reconsideration for Unlicensed National Information Infrastructure (U-NII) devices (ET Docket No. 03 -122). These petitions sought reconsideration and clarification of the equipment authorization requirements for U-NII devices employing dynamic frequency selection (DFS). Comments are due 10 days from publication in the Federal Register, reply comments due 15 days from publication. A draft of the Telecom Bill, S. 2686 “Communications, Consumer Choice, and Broadband Deployment Act of 2006”, is out of Senate Committee. The Bill addresses video franchise reform, white space usage by unlicensed devices, and network neutrality, among many other issues. Interference protection from white space devices is assured to broadcasters during the DTV transition by the Wireless Innovation Act of 2006 (WINN Act). Doug Docherty 2

RABC FCC Review - May 2006 • On May 1 the FCC released a Public Notice (DA 06 -960) seeking comment on their recommendations for WARC-07. Comments are due May 26. Among the issues of concern to the FS community are: – – – • Aeronautical Mobile Telemetry (AMT) in the U 4, 5 and 6 GHz bands. It is the operation of these systems in the 5, 925 -6, 700 MHz band that is of particular concern due to interference with present and future FS links. There are currently over 71, 000 links operating in the U. S. in these bands and usage is growing at 2 -6% per year. Earth Exploration Satellite Service. The FCC PN does not directly make reference to the 10. 6 – 10. 680 GHz band segment, but this band is still under scrutiny by the EESS community. The concern is a potential 10 d. B reduction in the maximum permissible EIRP levels from FS transmitters. BRS/EBS sharing with Satellite Services in the 2. 5 – 2. 69 GHZ band. The is recommending suppressing MSS in this band (good), but proposing new pfd interference limits for terrestrial broadband wireless systems (potentially of concern). The FWCC (US) will be filing comments in support of its FS members on these issues. Doug Docherty 3

RABC FCC Review - May 2006 • • On May 10, the FCC released a Public Notice (DA 06 -1009), seeking comment on a waiver request on the WCS construction rule. Under current Rule Part 27. 14, a Wireless Communications Service (WCS) licensee is required to show “substantial service” before the end of their license term. The petitioner is asking for an extension citing the uncertainty due to lack of regulations governing Digital Audio Radio Service (DARS) terrestrial repeaters in spectrum adjacent to the WCS allocation (2. 3 GHz). The following FCC proceedings remain open, and are of interest to the FS: – Use of 2 foot antennas at 11 GHz (Fiber. Tower Petition) – 18 GHz rechannelization – White Space use by unlicensed systems – Interference Temperature – FCC Third Notice of Proposed Rulemaking on the rule changes in the 37. 0 -38. 6 GHz and 38. 6 -40. 0 GHz bands (ET Docket 95 -183), remains open. Doug Docherty 4