Spectrum Transition Panel Rules Need Clarification, Say Carriers, Trade Groups

NTIA’s proposed rules on the transition of federal spectrum to commercial use “will bring needed clarity” to the process, but need to do more to ensure the transition occurs as the Commercial Spectrum Enhancement Act intended, T-Mobile said in comments at the agency. The rules the NTIA proposed in mid-July would define terminology for the transition regulations, lay out how the transition’s technical panel would work and establish resolution boards to solve transition-related disputes (http://xrl.us/bni6f6). NTIA posted the comments Thursday, a day after the submission deadline.

T-Mobile proposed four changes to the rules. “First, the rules should better ensure that insufficient Federal agency spectrum Transition Plans do not delay Federal Communications Commission ... spectrum auctions,” T-Mobile said. “Second, the rules should not restrict membership of the Technical Panel to Federal employees. Third, the rules should provide more guidance to the Technical Panel regarding the information that should be included in agency Transition Plans. Finally, the rules should recognize that the Dispute Resolution Board will issue binding decisions, not merely non-binding recommendations” (http://xrl.us/bni6g7).

AT&T, Ericsson, the CTIA and the Telecom Industry Association also want the NTIA to make dispute resolution board rulings binding, rather than recommendations. “Binding arbitration would ensure execution of the ’streamlined, practical’ approach that NTIA proposes,” TIA said in its comments (http://xrl.us/bni6mu). All four also asked the NTIA to remove membership requirements that restrict Technical Panel membership to federal employees. “The statute does not require such a restrictive approach and the purposes of the statute would be better served by not preemptively excluding all available expertise outside of federal government,” AT&T said (http://xrl.us/bni6hy).

AT&T said it “generally supports” the NTIA’s proposed rules, but had its own concerns. Besides its concerns about the technical panel and dispute resolution boards, AT&T wants the NTIA to shorten the timeline for federal agencies to file revised transition plans or require an earlier deadline for agencies to file initial plans.

Ericsson said it’s concerned the NTIA rules deviate from Congress’s intent “to establish a neutral dispute resolution process” -- concerns that extend beyond the makeup of the technical panel and dispute resolution board rulings. Ericsson said it wants any delay of a spectrum auction to be the last available option when the technical panel determines an agency’s transition plan is insufficient. The company also wants the NTIA to removes limits on the scope of the technical panel’s reports (http://xrl.us/bni6kp). The CTIA included both points in its own comments. CTIA suggested the NTIA could prevent FCC auction delays by requiring agencies to submit transition plans by 270 days before a frequency auction. “By requiring agencies to submit their plans earlier, NTIA will be better equipped to allow deficient transition plans to be corrected without delaying the auction process,” CTIA said (http://xrl.us/bni6i3).

Squire Sanders law firm, which has mediated more than 1,700 disputes related to the 800 MHz rebanding, raised concerns about how the timing of the dispute resolution process is structured. The NTIA’s rules would require a dispute mediation board to resolve the conflict within a 30-day window. “Whatever structure NTIA ultimately decides to adopt, should be scalable to respond to what could be periods of high and low demand for dispute resolution assistance,” Squire Sanders said. It suggested the NTIA require disputing parties to bring their claim to a mediator before going to a dispute resolution board. “This would give a Dispute Resolution Board the benefit of well-focused briefs from the parties and a detailed recommendation from a mediator to assist a Board to adopt a fair and equitable resolution to the dispute within the 30-day period,” Squire Sanders said (http://xrl.us/bni6nz).