Time Has Come for FCC to Embrace Consensus 600 MHz Band Plan, Pai Says

"One thing remains clear: There is overwhelming support in the record for moving forward with a ‘Down from 51’ band plan,” Pai said in a written statement (http://bit.ly/15e0CVM). “Wireless carriers of all sizes, broadcasters, equipment manufacturers, cable operators, wireless Internet service providers, and health care service providers have all endorsed the Down from 51 approach. Indeed, there was no support at all in the record for the ‘Down from 51 Reversed’ plan contained in the Public Notice. Now is the time for my colleagues and I to accept this consensus and turn to the details of a ‘Down from 51’ band plan."

Hard questions remain, Pai said. “In particular, we need to figure out how much spectrum above Channel 37 should be paired, and we must confront the issue of market variability directly,” he said. “As we do our work, our lodestar must be a band plan that works from a technical perspective. We can’t afford to repeat the mistakes of the past, such as the interference problems plaguing the Lower 700 MHz A Block and the LightSquared debacle. That means, for example, that our band plan must prevent interference among wireless carriers, broadcasters, and wireless medical telemetry service operators.” Preventing interference “is in the interest of data-hungry mobile consumers,” he said. “That is in the interest of families that watch broadcast television. That is in the interest of patients and health care providers. And ultimately, that is in the interest of all Americans."

"We appreciate the wide range of comments that have been submitted,” an FCC spokesman said in response. “Progress is being made. Staff will carefully review the record and continue to engage with the public and industry on developing an effective band plan. This input will be critical to our effort to craft an effective incentive auction.” Wireless Bureau Chief Ruth Milkman has vigorously defended her bureau’s decision to launch the PN (http://fcc.us/1azSmli).

"We could not agree more with Commissioner Pai’s statement,” said NAB Executive Vice President Rick Kaplan. “He clearly understands the need to move forward expeditiously while dealing head on with the key engineering challenges highlighted in the record. Along with Commissioner Rosenworcel’s repeated calls for fairness and balance and the need for the commission to ‘ask the hard questions,’ it is time for the staff to truly and publicly tackle the issue of market variability. We welcome that challenge and are prepared to assist the commission in any way necessary."

Free State Foundation President Randolph May agreed there’s broad industry consensus. “I've watched the commission for way too long, and I know the incentive auction is inherently complicated in any event, that I would say that great deference is owed to an industry consensus that is so widespread,” May said. “The backers of the Down From 51 plan are entities that want to see the auction work, and they have considerable technical expertise. In order to turn the plan down, the commission should bear a heavy burden of proof."

Staff was right to ask the questions they did in the public notice, countered Public Knowledge Senior Vice President Harold Feld. “I simply do not understand what Commissioner Pai thinks is the point of continuing to browbeat staff in this fashion,” Feld said. “The staff are diligently working to explore complicated technical issues and assess the appropriate trade offs for a successful auction that also supports competition. There is no evidence that staff are needlessly delaying. Public notices such as these provide transparency and build a better record by focusing parties on necessary issues. Instead of praising staff for their diligence and transparency, Commissioner Pai continues to berate them. Would it be preferable for staff to go utterly quiet and bounce random ideas off industry insiders? Because the effect of Pai’s constant barrage of criticism is to drive staff’s work back into the shadows.”