The complete filing is available in PDF Format
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of
Service Rules for the 698-746, 747-762, and 777-792 MHZ Bands (WT Docket No. 06-150.)
Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHZ Band (PS Docket No. 06-229.)
Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission’s Competitive Bidding Rules and Procedures (WT Docket No. 05-211.)
Development of Operational, Technical, and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communications Requirements Through 2010 (WT Docket No. 96-86.)
To: The Commission
Media Access Project, on behalf of Consumers Union, Consumer Federation of America, Free Press, New America Foundation and Public Knowledge (collectively referred to here as the “Public Interest Spectrum Coalition” or “PISC”), files these ex parte comments addressing the proposal submitted by Frontline, the proposed Band Optimization Plan, and auction and service rules needed to ensure that this auction of unique and highly valuable spectrum will maximize the likelihood of competitive entry in broadband wireless that protects public safety, increases opportunities for minority and women owned businesses, and promotes broadband access by all Americans.
Summary
Only by adopting significant changes to the auction rules and service rules can the Commission hope to auction the uniquely important 700MHz spectrum in a manner that both maximizes the public interest and returns maximum value for the use of the public asset. The first of these would be to embrace the Frontline proposal to create a new, open access wireless wholesaler. To facilitate that result, the Commission should immediately solicit public comment on that plan. Other necessary changes are the adoption of anonymous bidding and package bidding, and conclusion of the Further Notice of Proposed Rulemaking on DE eligibility. The Commission should also either prohibit wireline and large wireless incumbents from bidding, or require them to bid through structurally separate affiliates operating under an “open access” condition similar to the Commission’s Computer III regime.
In addition, the Commission should consider new ways to address the problem of warehousing. PISC recommends permitting unlicensed devices approved for operation in the broadcast “white spaces” to operate where licensees have missed their build out requirements by treating these unbuilt systems as “vacant channels” until the licensee complies. Alternatively, the Commission should consider other forms of self-executing remedies that create an incentive to avoid warehousing. Further, although the Commission should adopt the so-called “band optimization plan,” it should reject the suggestion that it attempt a “reverse auction,” as a means of allocating use of the guard bands after the fact. Finally, although the Commission should ensure a sufficient number of small licenses for the benefit of smaller rural carriers, it must balance this against the greater need of allowing new entrants to construct national footprints.
