Pressure Growing on Clyburn to Act on 700 MHz Interoperability Complaints
Six weeks into her FCC acting chairmanship, Mignon Clyburn is under pressure by small carriers to move forward on rules requiring device interoperability in the lower 700 MHz band. Following last week’s FCC meeting, Clyburn was noncommittal, saying during a press conference she hoped industry could still work out its differences and agree on a solution.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
In what could be a key development, Commissioner Jessica Rosenworcel made clear that she’s not standing in the way of an order, giving Clyburn a likely second vote to approve an order. “I have understood the importance of interoperability in the 700 MHz band,” Rosenworcel said last week (CD June 28 p12). “We are now waiting for a decision on interoperability to circulate. I look forward to seeing one -- and hope to be able to vote it as soon as it does."
One of the big question marks about Clyburn since before she was named acting chair was whether she would be willing to move forward on a 700 MHz interoperability order (CD April 1 p1) with a three-member commission, in the months before nominee for chairman Tom Wheeler and a still-to-be-named Republican are confirmed by the Senate. Clyburn has long flagged the importance of the issue, but her comments last week following the FCC meeting did not go much beyond what she said at CES in January (CD Jan 11 p1).
Some industry observers said Clyburn even seemed to retreat a bit from her earlier stance, emphasizing that she would “listen to whatever recommendations staff will have.” “Smart leaders take careful, deliberate steps, especially on contentious matters that involve challenging technical and economic issues,” said one wireless lawyer who’s not active in the proceeding: “I'm not at all surprised that Chairwoman Clyburn seems to be taking this approach."
"This, I thought, was a very positive statement from her on an issue that’s very critical to all our members,” said Competitive Carriers Association President Steve Berry of the Rosenworcel statement. “I feel confident that Chairwoman Clyburn is seriously focused on the issue and is ensuring that all the facts and the impact and the benefits are properly identified and documented. I'm not seeing any lack of interest. I think it’s something of significant importance to her and she wants to make sure she’s right.” Berry said if smaller carriers are able to buy handsets for the 700 MHz licenses they own, the economic effect on rural America will be very positive. “Many of our guys have the spectrum and have the money to build out,” he said.
"Chairwoman Clyburn has indicated clearly that restoring interoperability to the lower 700 MHz is a priority for her and now she has the chance to make it happen,” said an industry executive who supports interoperability. “It would be a bold, pro-competitive move that would be a real legacy-maker and set a new, decisive tone for the commission. I think she'll seize the opportunity."
"Interoperability will help mobile broadband users by lowering costs and providing better equipment options for competitive carriers,” said Free Press Policy Director Matt Wood. “It’s long past time for the commission to act and make these clear consumer benefits a reality. Waiting for industry consensus to emerge is a wait in vain, because AT&T and Verizon were dug in from the outset on proprietary band classes. The record in the proceeding demonstrates conclusively that their interference claims are overblown, to put it generously, but there’s no indication that the big two will voluntarily change their position."
AT&T declined to comment, but has been active in urging the FCC not to impose a mandate. AT&T argues instead the agency could do the most good by resolving Channel 51 interference issues, which complicate the deployment of services in the 700 MHz A block, the spectrum block most owned by small carriers. “No mandate will solve the problem with the CH 51 exclusion zones,” AT&T said in a recent blog post (http://bit.ly/1b7zNoS). “A block licensees in CH 51 markets simply cannot build and will not be able to pursue a build until CH 51 broadcasters are relocated."
Clyburn has long emphasized the importance of 700 MHz interoperability. In December 2011, she concurred on an order approving AT&T’s buy of 700 MHz spectrum from Qualcomm because the order did not include an interoperability mandate (CD Dec 27/11 p1). Former Commissioner Michael Copps dissented because of the lack of an interoperability mandate.