Spectrum Management 2008 Industry Association Roundtable Paul J

Spectrum Management 2008 Industry Association Roundtable Paul J. Sinderbrand Wilkinson Barker Knauer, LLP 202. 783. 4141 psinderbrand@wbklaw. com 1

• Membership – Wireless Broadband System Operators, Application Providers and Manufacturers • Objective – promote legislative and regulatory environment that facilities a competitive marketplace for wireless broadband services • Philosophies • Technological neutrality • Parity among like services, tempered by appreciation of differences 2

• Primary Recent Spectrum Focus • 700 MHz • Future of D Block and Private/Public Safety • • Partnership • Comments - June 20; Reply comments - July 7. WCS (2. 3 GHz) AWS-3 (2155 -2175 MHz) BRS/EBS (2. 5 GHz) LMDS and 39 GHz • 4/11/2008 WTB Order extends deadline for LMDS substantial service to 6/1/2012 for those who requested 3

WCS/SDARS 4

WCS-DARS Coexistence • 2305 -2320/2345 -2360 MHz Is Poised To Become A Home To Wi. MAX Mobile Services, but. . . • DARS Terrestrial Repeater Technical Limits Must Be Adopted To Protect WCS From Interference. • WCS OOBE Limits Are More Restrictive Than Necessary To Protect DARS And Must Be Loosened. 5

WCS/SDARS NPRM • 12/18/07 NPRM solicits comment on proposals by WCS Coalition and by XM and Sirius for rules to govern WCS and SDARS repeaters. • OOBE restrictions on mobile WCS • Power levels for SDARS repeaters • Power levels for WCS base stations and mobiles 6

WCS OOBE Limits • OOBE limits between 2320 MHz and 2345 MHz were adopted in 1997 before WCS or DARS technologies were settled: • Fixed stations: 80 + 10 log (p) d. B • Mobile stations: 110 + 10 log (p) d. B • Restrictions effectively preclude use of C and D Blocks for mobile and impose undue economic costs on A and B Blocks. • Testing demonstrates that, under real world conditions, current limits are not necessary to protect DARS. 7

WCS Power Limits • DARS proposed to reduce maximum current handheld power levels from 250 milliwatt EIRP limit imposed by RF exposure rule to 10 milliwatts/1 milliwatt • Adoption of proposal would preclude viable mobile wireless broadband service • Testing has shown that DARS receivers can operate with muting even when faced with WCS handhelds operating at currently-authorized levels. 8

DARS Terrestrial Repeaters • Ten years after DARS first authorized to use “gap fillers, ” FNPRM is still pending on technical rules. • Evidence is clear that high-powered DARS repeaters can result in blanketing interference to WCS. • In 2001, FCC granted XM and Sirius STAs allowing terrestrial operations (40, 000 Watts EIRP in some cases), subject to obligation to cure interference to WCS. • DARS now insists on grandfathering all existing repeaters, without protection obligation. 9

2. 5 GHz Restructuring FORMER PLAN 10

2. 5 GHz Bandplan Transition • Timeline • January 20, 2009 – Deadline for submitting Initiation Plans • January 21, 2009 – 90 day window opens for licensees to notify FCC and affected licensees of intent to self-transition • April 20, 2009 – Deadline for licensees to notify FCC and affected licensees of intent to self-transition. • October 21, 2010 -- All transitions should be complete (except in cases of disputes that toll the completion deadline) • Transition to new bandplan is proceeding quickly • 402 of 493 Initiation Plans filed • 253 Post-Transition Notifications filed 11

Flexibility/Protection • Cochannel Interference • Limiting signal strength at service area boundary to 47 d. BµV/m does not protect base station from interference by non-synchronized cochannel base station. • Height benchmarking provides additional protection against base-to-base interference. • If height of antenna above average terrain along the radial between stations exceeds D²/17, station is outside of height benchmark (where D is distance to GSA boundary) • Base station exceeding benchmark must restrict received signal level to -107 d. Bm or less at base station that is within benchmark • Adjacent Channel Interference • 43+10 log(p) mask generally applies to base stations • If OOBE interference is caused, must meet 67+10 log(p) measured 3 MHz from block edge. 12

3/20/08 Third R&O and FNPRM in WT Docket No. 03 -66 • On recon, FCC establishes deadlines for response to documented interference: • Require compliance with the more restrictive mask/height benchmarking within 24 hours where a new or modified base station interferes with an existing base station; • Allows operator of existing base station 60 days to comply with more restrictive mask when OOBE interference is caused to a new base station; • Allows operator of existing base station 90 days to comply with height benchmarking when cochannel interference results at a new base station; • FCC confirms that in other cases of documented interference, both licensees have an obligation to cooperate in good faith to reasonably mitigate the interference. 13

3/20/08 Third R&O and FNPRM in WT Docket No. 03 -66 • 75+ forfeited BRS BTA licenses to be reauctioned using typical rules. • Late 2008 or early 2009 • FNPRM seeks comment on licensing EBS white space • • • Can auction be avoided? BTAs or something else? How much spectrum? Priority for local and/or accredited institutions? Upfront payments? Bidding credits? 14

BRS Relocation From 2150 -2162 MHz • Ninth Report and Order in ET Docket No. 00 -258 Fails To Protect Incumbents – WCA petition for reconsideration pending • Since AWS has 15 years to relocate BRS, FCC must permit BRS to secure replacement for throughput increased during interim. • BRS incumbents should be permitted to “selfrelocate” just as point-to-point microwave can. • Internal costs must be recoverable. • Incumbent should get pre-payment to avoid having to fund its own involuntary relocation. 15

BRS Relocation From 2150 -2162 MHz • Adjacent channel interference must be cured by AWS, but only after the fact – jeopardizing existing operations! FCC should require prior coordination by AWS with BRS under Section 101. 103(d) notice and response system, just as AWS must do with point-to-point microwave 16

4/10/08 Globalstar ATC R&O • Allows ATC in 2483. 5 -2495 MHz band • Rejects ATC at 2495 -2500 MHz; thus keeps ATC out of new BRS channel 1 at 2496 -2502 MHz • Retains requirement that Globalstar cure any interference that ATC causes and imposes BRS 24 hour/60 day deadlines • Acknowledges that Globalstar may be effectively limited to below 2493 MHz • Punts concerns on use of TDD, Open Range relationship and gating tests • Globalstar filed application last Friday to modify ATC authority 17

THANK YOU! Paul J. Sinderbrand Wilkinson Barker Knauer, LLP 202. 783. 4141 psinderbrand@wbklaw. com 18