November 13, 2008
Chairman Kevin J. Martin
Commissioner Michael J. Copps
Commissioner Jonathan S. Adelstein
Commissioner Deborah Taylor Tate
Commissioner Robert M. McDowell
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
RE: Revisions to Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band, WT Docket No. 08-166; Public Interest Spectrum Coalition, Petition for Rulemaking Regarding Low Power Auxiliary Stations, Including Wireless Microphones, and the Digital Television Transition, WT Docket No. 08-167
Dear Chairman Martin and Commissioners:
The undersigned wireless providers, associations, manufacturers, public safety entities and public interest groups respectfully urge the Commission to take swift action to ensure that the use of low power auxiliary stations (e.g., wireless microphone systems) in the 700 MHz band does not threaten the future use of important spectrum that is being made available with the DTV transition. Accordingly, we urge the Commission to expeditiously affirm the tentative conclusions in its recent Notice of Proposed Rulemaking (“NPRM”).[1] Specifically, the Commission should: (1) revise the current rules to prevent low power auxiliary stations’ operation in the 700 MHz band; and (2) prohibit the manufacture, import, sale, offer for sale or shipment of such low power devices operating in the 700 MHz band.
The DTV transition will yield important benefits for American citizens by providing valuable spectrum resources to support the development of new commercial and public safety communications systems. Commercial wireless providers are currently preparing to deploy advanced systems that will support new and faster wireless broadband services, once the spectrum is available at the conclusion of the DTV transition next February. Moreover, public safety agencies are already making use of the 700 MHz band, where it is not being used for broadcast TV, to support the introduction of new interoperable public safety networks. Deployment of additional public safety systems is expected to proceed at a more rapid pace after the February 2009 transition date.
As noted in the NPRM, “it is incumbent on the Commission to take all steps necessary to make this spectrum effectively available both to public safety and commercial licensees at the end of the DTV transition.”[2] Continued use of the 700 MHz band by wireless microphones and other low power auxiliary stations after the transition date would risk significant interference to both commercial and public safety communications systems and substantially impede the deployment of these systems. Immediate action by the Commission to prohibit the continued use of the band for low power auxiliary stations will prevent unnecessary delay of these important initiatives.
A timely completion of the DTV transition is just a few months away, and commercial operators and public safety agencies are poised to deliver on the promise of the long-awaited transition by repurposing this valuable spectrum in ways that will bring tremendous benefits to the American public. However, that objective is placed at risk with the continued encumbrance of the 700 MHz band. The Commission should preserve its significant achievements regarding the DTV transition by affirming its prior tentative conclusions, i.e.,: (1) requiring wireless microphone users to cease operation in the 700 MHz band; and (2) prohibiting the manufacture, import, sale, offer for sale or shipment of low power devices operating in the 700 MHz band.
Pursuant to Section 1.1206 of the Commission’s rules, a copy of this letter is being filed via ECFS with the FCC Secretary’s Office.
Respectfully submitted,
/s/ John Marinho
Vice President, Global Government & Public Affairs
Alcatel-Lucent
/s/ Robert M. Gurss
Director, Legal & Government Affairs
Association of Public-Safety Communications Officials (APCO)
/s/ Jeanine A Poltronieri
Executive Director, External Affairs
AT&T Services, Inc.
/s/ Ronald R. Smith
Authorized LLC Representative
Bluegrass Wireless, LLC
/s/ Eric Graham
Director, Government Relations
Cellular South
/s/ Jouett Brenzel
Corporate Counsel
Cincinnati Bell Wireless
/s/ Christopher Guttman-McCabe
Vice President, Regulatory Affairs
CTIA – The Wireless Association®
/s/ Mark A. Stachiw
Executive Vice President, General Counsel & Secretary
MetroPCS Communications, Inc.
/s/ Steve Sharkey
Senior Director, Regulatory & Spectrum Policy
Motorola
/s/ Dr. Brian Fontes
Executive Director
National Emergency Number Association
/s/ Harold Feld
Senior Vice President, Media Access Project
on behalf of Public Interest Spectrum Coalition
/s/ Dean R. Brenner
Vice President, Government Affairs
QUALCOMM Incorporated
/s/ Todd B. Lantor
Regulatory Counsel
Rural Cellular Association
/s/ Grant Spellmeyer
Director - Regulatory Affairs
U.S. Cellular
/s/ Donald C. Brittingham
Assistant Vice President - Wireless/Spectrum Policy
Verizon Wireless
[1] Revisions to Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band, Notice of Proposed Rulemaking and Order, 23 FCC Rcd 13106 (2008) (“Notice”).
[2] Notice at ¶ 1.
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