The FCC set the pleading cycle for T-Mobile’s proposed $50 million buy of lower 700 MHz A-block licenses from CenturyLink subsidiary Actel. The companies contend the deal “would allow T-Mobile to expand its coverage and offer improved services to its customers,” said a Wednesday public notice (http://bit.ly/1qqzg5G). “The Applicants further contend that T-Mobile would become a stronger competitor in the subject markets and nationwide, which would enhance competition and improve the quality of services in the mobile wireless marketplace.” The deal would give T-Mobile 12 MHz of spectrum in 179 counties in all or parts of 50 cellular market areas, the agency said. After the buy, T-Mobile would hold 32-82 MHz of spectrum in each of those CMAs. According to the PN, T-Mobile does not own any spectrum below 1 GHz in those markets. Petitions to deny are due Sept. 3, oppositions Sept. 15 and replies Sept. 22. In April, T-Mobile wrapped up its $3.3 billion acquisition of low-band spectrum from Verizon, giving the carrier for the first time a significant amount of sub-1 GHz spectrum (CD April 24 p10). T-Mobile is widely expected to be a major player in next year’s TV incentive auction of 600 MHz spectrum.
T-Mobile and Sprint filed petitions for reconsideration at the FCC asking the agency to change key parts of its May 15 spectrum holdings order, which restricted the ability of AT&T and Verizon Wireless to buy licenses in the TV incentive auction. The carriers had scored a late win with the final rules assuring each the ability to buy 20 MHz of spectrum in the auction under almost all scenarios (CD May 16 p4). The petitions were filed Monday in docket 12-269 and posted by the FCC Tuesday.
The FCC March 15 spectrum aggregation order, while helping to bring some closure to the issue of spectrum holdings, may raise more questions for companies seeking to combine, said wireless industry lawyer Angela Giancarlo of Mayer Brown, in a report published by Bloomberg BNA (http://bit.ly/1s25V4Z). Giancarlo pointed to the commission’s suggestion that, under the new policies, certain entities proposing to merge may face restrictions in the forward part of the TV incentive auction of 600 MHz spectrum. By adding 101 megahertz of 2.5 GHz spectrum to the screen, the commission raises the specter of significant and potentially unsolvable issues in the event it receives a transaction application involving this band, she wrote.
While on the surface work on the TV incentive auction has slowed at the FCC, agency officials tell us members of its Incentive Auction Task Force are working long hours to get various public notices and rulemakings ready for release starting late this summer. More than 50 FCC staffers from the auction team, the Wireless and Media bureaus, the Office of Engineering and Technology and other parts of the agency are doing significant amounts of work to prepare for the auction, agency officials said.
The FCC Office of Engineering and Technology seeks comment on its measurements of LTE interference with DTV receivers, said an OET public notice Friday (http://bit.ly/1nYA43l). OET wants comment on whether its measurements support conclusions about interservice interference, including that LTE interference with DTV stations will appear “nearly identical” to interference from other DTV stations. OET wants comment on the relevance of measurements associated with two outdated receiver models, it said. “OET anticipates that these receivers will no longer be commercially available and will be approaching the end of their useful lifecycle at the time of the wireless build out in the 600 MHz Band.” Comments are due July 11.
The FCC Monday quietly released the last of the big items approved at the FCC’s May 15 meeting -- new mobile holdings rules (CD May 16 p5). The FCC posted the item on its Web home page Tuesday. The FCC previously had released only a short fact sheet explaining the order (http://fcc.us/1h5tojV).
The Standing Rock Sioux Tribe asked FCC Chairman Tom Wheeler to consider setting aside TV spectrum in Indian Country for tribes to use. Rules for the incentive TV auction are “great for small carriers,” but the FCC could do even more good by designating some of the 600 MHz spectrum for the use of the tribes, wrote Dave Archambault, chairman of the Fort Yates, North Dakota-based tribe (http://bit.ly/1jBoMNn). “Best evidence” suggests that broadband deployment in tribal areas is under 20 percent, he said, and the 600 MHz spectrum is ideal for “comprehensive wireless service.”
The FCC approved service rules for the TV incentive auction and provisions that restrict bidding in the auction, over strong objections by FCC Republicans Ajit Pai and Mike O'Rielly. Both Republicans warned Thursday that the rules as structured could lead to a failed auction next year.
The chief of the Justice Department’s Antitrust Division sent the FCC a letter Wednesday endorsing spectrum aggregation limits, set for a vote at Thursday’s open meeting. Meanwhile, net neutrality isn’t the only issue to attract protesters at the FCC. (See separate report in this issue.) A small group of protesters showed up at the FCC Wednesday to hold up signs urging commissioners not to forget the TV incentive auction as net neutrality takes much of the attention headed into the meeting. “Focus on Auction,” one sign read. “No Spectrum = No Net to Open,” a second said.
The FCC took in late ex parte filings by a host of companies and groups commenting on TV incentive auction rules, but posted them with a notice they had come in after last Thursday’s sunshine notice. The FCC is to vote on service and spectrum aggregation rules for the TV incentive auction Thursday at its open meeting. Under FCC rules, FCC officials can call parties to ask questions after the sunshine notice, which otherwise cuts off industry lobbying. U.S. Cellular filed an ex parte notice after a company official spoke Sunday and Monday with Wireless Bureau Chief Roger Sherman at Sherman’s request. The carrier had previously expressed concerns that in some markets it could be barred from buying 600 MHz spectrum because of the low-band spectrum it already holds. U.S. Cellular said it would prefer spectrum aggregation limits to the draft rules circulated for a vote by commissioners (http://bit.ly/RNoLzF). Most of the other ex parte filings were made after the Thursday cutoff but reflected earlier meetings at the agency.