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FCC Seeks Comment on Possible Rule Modifications Governing 700 MHz Wireless Licenses

FCC stated that it would take no action that would cause harmful interference to public safety licensees in the band

Last Thursday, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rule Making (Notice) that seeks comment on possible changes to the rules governing wireless licenses in the 698-746, 747-762, and 777-792 MHz spectrum bands.

These portions of the 698-806 MHz band, which is commonly referred to as the "700 MHz Band," have been allocated for commercial wireless services and do not include the 700 MHz Guard Bands nor the portions of the 700 MHz Band that have been allocated for public safety services (Click here for complete announcement and spectrum chart). Under the Digital Television and Public Safety Act of 2005 (DTV Act), which was signed into law earlier this year, the FCC is required to commence an auction of previously unauctioned spectrum in this Band no later than January 28, 2008.

In response to the changes made by the DTV Act affecting the 700 MHz Band, and because more than four years have passed since the FCC previously established band plans and service rules for this spectrum, the FCC has decided to revisit some of its earlier decisions regarding the service rules for licenses in this band.

Thursday's Notice seeks comment on the possibility of modifying the size of the geographic service areas and spectrum blocks, and on revising the performance requirements, for the portions of the 700 MHz band that have not yet been auctioned. The FCC is also seeking comment on several issues related to both auctioned and unauctioned spectrum in the 698-746, 747-762, and 777-792 MHz bands, including modifying the rules related to license renewal, license terms and power limits.

Regarding the portions of the 700 MHz Band that have not yet been auctioned, the Notice seeks comment on whether there is a need to revise the size of the geographic service areas for the remaining unauctioned spectrum in the band, including the possibility of using smaller areas - such as the 734 Cellular Market Areas composed of Metropolitan Statistical Areas and Rural Service Areas. The Notice also seeks comment on whether to modify the size of certain spectrum blocks, including the possibility of dividing Block D in the Upper 700 MHz Band into smaller blocks. The Notice also requests input on whether to add or revise performance requirements for unauctioned spectrum, including such alternatives as specific construction benchmarks.

Thursday's Notice also seeks comment on several additional issues relating to both auctioned and unauctioned licenses in the 700 MHz Band. For these licenses, comment is sought on whether to clarify or modify the rules for license renewal. The Notice also seeks comment on whether to revise and possibly extend the term of licenses, as well as whether to modify the existing power limits in both the Upper 700 MHz and the Lower 700 MHz Bands. In light of the paramount importance of public safety operations in the 700 MHz Band, the FCC stated that it would take no action that would cause harmful interference to public safety licensees in the band. The Notice also seeks comment on steps the FCC could take to further facilitate access to 700 MHz Band spectrum and the provision of service on tribal lands.

Finally, the Notice requests comment on the tentative conclusion that services provided by licensees in the 700 MHz Band, and in other bands subject to Part 27 of the rules, should be subject to E911 and hearing aid-compatibility requirements to the same extent that such services would be covered if provided in other bands.