Re:
WT Docket No. 07-195 Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band
Dear Chairman Martin and Commissioners: I understand that the Commission is considering adopting an order at its June 12 meeting that would establish auction and technical rules for the spectrum in the AWS-3 band (2155-2175 MHz). I urge the Commission to defer acting in this proceeding, at least until August or, alternatively, to convert the order to a notice of proposed rulemaking to provide additional opportunity for comment. Although I fully endorse the Commission’s decision to put more spectrum into the commercial marketplace to be used for wireless broadband services, I am troubled about several aspects of the purported new rules. It appears that the Commission has designed the rules to be attractive to only one entity, depressing interest in the auction and ultimately disserve consumers. In addition, the item’s technical plan would allow unreasonable interference into adjacent spectrum bands – bands that the U.S. government recently sold for billions of dollars. To ensure continued investment in our country’s telecommunications industry, it is essential that the Commission’s spectrum policies provide certainty, promote competition, and adequately protect existing licensees’ operations from harmful interference. I am concerned that none of these goals will be met by the proposal now on the table. Accordingly, I suggest that the Commission defer its consideration of this order until an empirical technical analysis can be undertaken (preferably a joint industry/FCC effort), and until interested parties have an opportunity to comment on advisability of attaching onerous “social” conditions to spectrum licenses, particularly in light of recent experiences with the 700 MHz band auction.