QUESTIONS FOR LEGAL AND REGULATORY ISSUES PANEL

Tuesday, February 19, 2002, 2:00-3:30

NIA-2002 Conference Presentation

Todd Gray, Chair
Presenters:
Robert Rini
Ed Lavergne
Paul Sinderbrand

1. Follow-up on 3G Spectrum Battle

-- In its September 24, 2001 First Report and Order in the 3G proceeding, the FCC took ITFS "off the table" for reallocation. This was a very big "win" for ITFS interests. Please bring us up to date. What happened? (Paul Sinderbrand)

-- A former high level FCC staff member was recently quoted as saying that the FCC is highly likely to revisit and modify its decision not to designate ITFS/MDS for 3G. He said that the FCC will reclaim and clean up fixed wireless in 2002, thereby benefiting terrestrial mobile. Is ITFS really safe, and if so, for how long? (Ed Lavergne)

-- Chairman Powell recently announced the creation of an inter-agency task force on spectrum management, and it anticipated that he will be naming a DOD employee as its chairman. How will this impact ITFS? (Bob Rini)

-- What is it that ITFS licensees and their excess capacity lessees need to be doing to keep ITFS spectrum from being challenged again? (Ed Lavergne)

2. Other Spectrum Challenges

-- Are there other challenges out there to ITFS use of the 2.5 GHz band? What is being done about them? (Paul Sinderbrand)

3. The New Flexible Use Allocation

-- The Commission’s September 24, 2001 First Report and Order in the 3G proceeding also adopted the notion of flexible use of the 2.5 GHz band. The FCC added a mobile allocation and promised a future rulemaking to address mobile issues. Can mobile services be implemented now? When can we expect the FCC to commence its new rulemaking, and what issues is the Commission likely to raise? (Bob Rini)

-- In light of the Commission’s mobile allocation, what new issues should ITFS licensees be looking at when negotiating lease agreements? (Ed Lavergne)

4. FCC Application Processing Issues

-- The FCC has a new ITFS application processing procedure in place. Can you briefly explain to us how the process works? (Paul Sinderbrand)

-- What ever happened to the issue regarding auctioning of mutually exclusive ITFS applications? (Bob Rini)

-- Will the FCC ever resolve the mutually-exclusive applications pending from 1995 and open a filing window for new ITFS stations? (Paul Sinderbrand)

-- What about the issue of unbuilt ITFS stations, and the need to extend CPs and, sometimes, even file license renewals for unbuilt stations? Does the FCC continue to understand that construction has been delayed for reasons beyond the typical ITFS licensee’s control? What general advice can you give to ITFS licensees whose facilities have never yet been built? (Ed Lavergne)

5. FCC Reorganization Issues

-- At its January open meeting, the Commission formally approved the move of MDS and ITFS from the Mass Media Bureau to the Wireless Bureau. When do you expect to see the move formally occur, and how will it impact ITFS? (Paul Sinderbrand)