FCC Sticks with Light-Handed Licensing for 3650 MHz Band
The FCC refused to change significantly 2-year-old rules to open new spectrum in the 3650-3700 MHz band to wireless broadband, using a new light regulatory hand. The decision was a loss for the WiMAX Forum, Intel, Alvarion, the Wireless Communications Assn. and other high tech players that wanted at least some of the 50 MHz offered on a licensed basis, most likely for WiMAX.
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Under the March 2005 order the spectrum is to be offered using a “contention-based protocol,” which requires registration of fixed and base stations, and imposes an obligation to avoid interference to new entrants. The Media Access Project said the order will allow wireless ISPs, municipal broadband systems and community wireless networks to share spectrum outside “overcrowded ‘junk bands'” used by commercial Wi-Fi systems.
“While important, today’s action is only a small step toward addressing our overall need for policies that make open wireless available to everyone,” MAP said: “Hopefully, it signals a willingness by this Commission to move forward on more significant proposals to open more spectrum for non- interfering uses rather than requiring Americans to access the public airwaves through a handful of licensed gatekeepers offering carefully controlled walled gardens under the guise of Internet access.”
Comr. Adelstein said in a statement he has heard from many who support the approach the Commission took in the band. “During my time at the Commission, I have pushed for flexible licensing approaches that make it easier for community-based providers to get access to wireless broadband opportunities, and the rules we affirm for the 3650 MHz band should help make wireless broadband services available to a large number of new users,” he said.
The order rejects arguments by Intel and others that the FCC should license the spectrum more conventionally, with exclusive licenses. “These petitioners generally do not offer new arguments against the feasibility of the non- exclusive licensing scheme, instead reiterating arguments made in response to the unlicensed 3650 MHz notice and addressed by the Commission in the 3650 MHz order,” the Commission said: “Based on our review of the record and the information provided in the petitions for reconsideration and responses, we continue to believe that a non-exclusive licensing scheme represents the best fit for the 3650 MHz band.”
The FCC also rejected arguments that it should allow transmissions at high power levels, to make the band more useful. “The petitioners have not persuaded us that the Commission erred in striking a balance that will serve the public interest, and we consequently deny these requests for reconsideration,” the Commission said.
In a tweak, the FCC said it will licenses 2 types of equipment. Equipment, like that for WiMAX, using a “restricted contention protocol” -- which can prevent interference only with other devices using the same protocol -- is to be limited to the lower 25 MHz of the band. But equipment that avoids interference in general, such as Wi-Fi devices, is allowed to use all 50 MHz.