Little Agreement Found on Calls for 700 MHz Handset Rules

Motorola, Qualcomm and AT&T separately asked the FCC to reject the 700 MHz Block a Good Faith Purchaser Alliance’s calls for a notice of proposed rulemaking requiring all 700 MHz capable devices to operate on every paired 700 MHz band. The alliance also sought an immediate freeze on FCC authorization of mobile equipment that cannot operate on every band. U.S. Cellular and small carriers groups weighed in in support of the alliance.

The alliance said in a September petition that Verizon Wireless’ and AT&T’s dominant role in the 700 MHz auction gave them significant power to dictate what kinds of devices that use spectrum in the band would be offered for sale. “One of the largest carriers is believed to be issuing Requests for Proposals that specify equipment capable of operating only over Lower Band 700 MHz Blocks B and C; and the other of the largest carriers is believed to be issuing RFPs specifying only Band Class 13, i.e., Upper Band 700 MHz Block C,” the alliance said. “As a result, consumers and smaller carriers that acquired Lower Band 700 MHz Block A spectrum are left without viable and widely useful equipment option.” The Wireless Bureau sought comments on the petition, which were due this week.

"Motorola urges the Commission to dismiss the petition as the requested relief would unnecessarily delay the deployment of 700 MHz mobile broadband devices, including those designed to operate on public safety broadband spectrum,” the company said. “The requested relief would constitute an unwarranted and unprecedented restriction on the design and operation of devices."

Qualcomm said it’s working with “all affected stakeholders (including carriers, infrastructure vendors, and device manufacturers)” to ensure that mobile broadband technology can be deployed on the Upper and Lower 700 MHz bands as quickly as possible. “A grant of the relief requested in the Petition would: (1) delay any mobile broadband deployments at 700 MHz for an unspecified period of time; (2) drive up the costs of devices supporting the Lower and Upper 700 MHz bands by an unspecified amount; (3) imperil Qualcomm’s ongoing development of chipsets for the Lower and Upper 700 MHz bands; and, above all, (4) unnecessarily deprive American consumers of new mobile broadband networks and devices,” Qualcomm said.

AT&T said the petition by the alliance ignores a number of key issues. “Although the interference issues associated with the [700 MHz] A block are well known, it is telling that the Alliance’s Petition contains no reference to it,” AT&T said. “The Petition also fails to mention the public interest harm that would flow from a decision to mandate that all 700 MHz capable equipment operate on all 700 MHz bands. Not only would such a decision subject 700 MHz licensees and their customers to significant interference, it could also limit the features and spectrum bands supported by new 700 MHz devices."

The alliance petition “raises important issues" on whether AT&T will offer service using only devices that operate on the lower B and C block and Verizon Wireless only on upper C block spectrum, US Cellular said. “These decisions involving bands where each of them holds a dominant spectrum position threaten to recreate the OSM/CDMA divide in a new form confounding expectations that Long Term Evolution technologies would lead to important advances in commercial network interoperability,” it said.

Blooston Rural Carriers filed in support of the alliance. “Small and regional 700 MHz licensees should have access to the same wireless equipment and opportunities to provide service (including roaming services and public safety broadband service) as AT&T … and Verizon Wireless,” it said. “The restrictive equipment banding arrangements and procurement practices described by the 700 MHz Alliance will have a direct and serious impact on those small and regional carriers -- including Designated Entities -- that are Lower 700 MHz A-Block licensees."

The FCC has a history of mandating devices work across channels, the Rural Telecommunications Group said. During the early days of the cellular era, for example, the commission mandated that all mobile units must initially be capable of communicating on the 666 channels comprising the two 850 MHz cellular license blocks, RTG said. “As the Alliance clearly demonstrated in its Petition, the Commission has previously instituted regulations of the mobile sector designed specifically to create intra-band harmony and universal roaming accessibility.”