[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Pages 9210-9211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4140]



[RM No. 11592; DA 10-278]

Wireless Telecommunications Bureau Seeks Comment on Petition for 
Rulemaking Regarding 700 MHz Band Mobile Equipment Design and 
Procurement Practices

AGENCY: Federal Communications Commission.

ACTION: Notice.


SUMMARY: The Wireless Telecommunications Bureau seeks comment on a 
petition for rulemaking asking the Commission to require that all 
mobile units be capable of operating over all frequencies in the 700 
MHz Band.

DATES: Interested parties may file comments on or before March 31, 
2010, and reply comments on or before April 30, 2010.

ADDRESSES: Comments may be filed using (1) the Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Effective December 28, 2009, all hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary must 
be delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325, 
Washington, DC 20554. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building. The filing hours are 8 a.m. to 7 p.m.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.

[[Page 9211]]

     People With Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(Voice), 202-418-0432 (TTY).
    All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Documents in RM 
No. 11592, including a copy of the petition, are available for public 
inspection and copying during business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. The documents may also be purchased from BCPI, 
telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, 
e-mail [email protected].
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200, 1.1206. Persons making oral ex parte presentations are 
reminded that memoranda summarizing the presentations must contain 
summaries of the substance of the presentations and not merely a 
listing of the subjects discussed. More than a one- or two-sentence 
description of the views and arguments presented generally is required. 
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex 
parte presentations in permit-but-disclose proceedings are set forth in 
section 1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).

FOR FURTHER INFORMATION CONTACT: Won Kim, Spectrum and Competition 
Policy Division, Wireless Telecommunications Bureau, at (202) 418-1368.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in RM No. 11592 and DA 10-278, released on February 18, 2010. On 
September 29, 2009, an alliance comprised of four Lower 700 MHz Band A 
Block licensees (Petitioners) filed a petition for rulemaking, asking 
the Commission to ``assure that consumers will have access to all 
paired 700 MHz spectrum that the Commission licenses, to act so that 
the entire 700 MHz band will develop in a competitive fashion, and to 
adopt rules that prohibit restrictive equipment arrangements that are 
contrary to the public interest.'' \1\ Specifically, the Petitioners 
ask the Commission to require that all mobile units for the 700 MHz 
band be capable of operating over all frequencies in the band.\2\ The 
Petitioners further request ``an immediate freeze on the authorization 
of mobile equipment that is not capable of operation on all paired 
commercial 700 MHz frequencies.'' \3\ The Wireless Telecommunications 
Bureau seeks comment on the Petition.\4\

    \1\ 700 MHz Block A Good Faith Purchaser Alliance Petition for 
Rulemaking Regarding the Need for 700 MHz Mobile Equipment to be 
Capable of Operating on All Paired Commercial 700 MHz Frequency 
Blocks, filed Sept. 29, 2009 (Petition), at 1. The Alliance is a 
``joint venture'' consisting of Cellular South Licenses, Inc.; 
Cavalier Wireless, LLC; Continuum 700, LLC; and King Street 
Wireless, L.P., each of which is currently the licensee of Lower 700 
MHz Band A Block spectrum. Id.
    \2\ Petition at iii, 12.
    \3\ Petition at 1-2.
    \4\ The Bureau notes that several parties have already filed 
comments in various proceedings that discuss either the Petition or 
substantially similar issues. See, e.g., Cellular South Comments, WT 
Docket No. 09-66 (filed Sept. 30, 2009) at 8-15; Verizon Wireless 
Reply Comments, WT Docket No. 09-66 (filed Oct. 22, 2009), at 85-92; 
AT&T, Inc. Reply Comments, WT Docket No. 09-66 (filed Oct. 22, 2009) 
(AT&T Reply Comments), at 70-72; Verizon Wireless Ex parte, WT 
Docket No. 09-66; GN Docket No. 09-157 (filed Dec. 18, 2009) 
(Verizon Ex parte); Qualcomm Ex parte, WT Docket No. 09-66; GN 
Docket No. 09-157 (filed Jan. 25, 2010); Motorola Comments, RM-11592 
(filed Feb. 12, 2010).

    AT&T and Verizon Wireless have indicated that they are pursuing 700 
MHz Long Term Evolution (LTE) mobile devices that operate over the 700 
MHz spectrum blocks associated with some or all of their own respective 
700 MHz band licenses but that do not include the Lower 700 MHz Band A 
Block (A Block).\5\ The Petitioners assert that these ``equipment 
design and procurement practices contravene the public interest,'' 
arguing that, if the equipment offered by these large carriers does not 
operate over A Block, mobile 700 MHz ``equipment needed by [A Block] 
licensees in smaller volumes will likely be available only later in 
time and at considerably higher price points.'' \6\ The Petitioners 
also argue that such practices ``are unjustly discriminatory and 
anticompetitive'' in violation of Sections 201(b) and 202(a) of the 
Communications Act (Act), and that they are in conflict with other 
provisions of the Act, including the universal service goals of Section 
254(b)(3) and the license application review criteria of Section 

    \5\ See AT&T Reply Comments at 72; Verizon Wireless Ex parte at 
    \6\ Petition at 2, 4.
    \7\ Petition at 7-9.

    The Wireless Telecommunications Bureau seeks comment on relevant 
technical, legal, economic, and policy issues involving the 
Petitioners' request that the Commission commence a rulemaking 
proceeding. The Commission notes, for instance, that devices capable of 
operating in the A Block will be using spectrum adjacent to the full-
power DTV broadcasting operations on Channel 51, and to the Lower 700 
MHz Band E Block, which may be used for higher-powered mobile services 
under Commission rules.

Federal Communications Commission.
Ruth Milkman,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 2010-4140 Filed 2-26-10; 8:45 am]