Key Provisions of WCA/NIA/CTN Proposal

1. Key Provisions of WCA/NIA/CTN Proposal Presented by Todd D. Gray February 18, 2002

2. Key Provisions of WCA/NIA/CTNProposal • New Band Plan • Technical Rules for MBS • Technical Rules for UBS/LBS • Transition Process • Other Elements

3. New Band Plan • Contemplates 3 principal band segments: • Middle Band Segment (MBS) • Lower Band Segment (LBS) • Upper Band Segment (UBS) • Contemplates 2 “Guardband” Segments: • Transitional Bands J and K • Retains Current I band with changes

4. A3 A2 C1 C3 C2 C4 E1 E3 E2 E4 G1 G3 A1 A4 G2 G4 B1 B3 B2 B4 D1 D3 D2 D4 F1 F3 F2 F4 H1 H3 H2 I C2 C3 D1 G4 A3 B1 C1 J A4 F4 E2 E3 F1 F2 A1 A2 B2 B3 D2 D3 B4 C4 D4 E4 K E1 F3 H2 H3 I H1 G1 G2 G3 New Band Plan The Old and New Bandplans 2500 MHz 2566 2572 2690 2614 2620 2686 WCS/PCS-like licensing TDD or FDD upstream Cellular-friendly technical rules WCS/PCS-like licensing TDD or FDD downstream Cellular-friendly technical rules MDS-like licensing and technical rules Primarily highpower downstream

5. New Band Plan – Mid Band Segment • “MBS” Intended primarily for Video Services • Big-Stick, High-Power, One-Way • 7 Channels @ 6 MHz (4th channel in each group) • Will reside at current Channels C3-E2 (C3, D3, C4, D4, E1, F1, E2)

6. New Band Plan – Lower/Upper Band Segments • “LBS/UBS” Intended for two-way digital services • Low-Power, Cellularized, Two-Way • Contiguous channels in each Group • LBS: 12 channels @ 5.5 MHz • UBS: 12 channels @ 5.5 MHz

7. New Band Plan – Transitional Bands • J Band – 6 MHz drawn from A, B, C and D licensees • K Band – 6 MHz drawn from E, F, H and G licensees

8. New Band Plan – I Band • Existing ITFS response channels at 2686-2690 MHz, As now, except de-interleaved

9. Technical Rules for MBS • Will rely on traditional D/U interference ratios • 45 dB co-channel/0 dB adjacent channel for analog • 32 dB co-channel where protected station is digital • Prior approval with streamlined FCC process for facility changes

10. Technical Rules for LBS/UBS • Goals: Limit interference and maximize flexibility for technical changes • No FCC approval required for technical changes • Relies on power restrictions at boundaries of each licensee’s GSA and spectral masks limiting out-of-band emissions

11. Transition Process • Relies on Geographic Service Areas – GSAs • Modifies licensees’ PSAs by splitting overlap areas • Creates exclusive areas of service for each licensee

12. Transition Process – Timing • No specific deadline for transition – timing is determined by “Proponent” seeking to transition market at its expense • Daisy Chain Effect – Proponent in Market A may have to transition nearby Markets B, and C etc.

13. Transition Process • Pre-Transition Data Request • ITFS Licensee Response • Decision on whether to proceed • Transition Notice • Transition Plan • Acceptance or Counter-Proposal

14. Transition Process • In event of Licensee Acceptance: • Transition Proceeds in accordance with transition Plan at Proponent’s expense • In event of Counter-Proposal, Proponent can: • 1.Accept counter-proposal and proceed • 2.Invoke dispute resolution and wait for decision • 3.Invoke dispute resolution and proceed based on Counter-proposal – Mutual Risks….

15. Transition Process – Safe Harbors (Simplified) • #1: MBS Channel uses same transmission parameters as ITFS licensee’s current ITFS video channels • #2: Video programming has to be on ITFS licensee’s own MBS Channel(s) (no channel shifting) • #3: To accommodate multiple program tracks, Proponent may provide multiple analog MBS Channels or digitize a single MBS Channel

16. Transition Process – Safe Harbors (Simplified) • #4: Shared ITFS groups – share MBS/UBS/LBS channels pro rata in absence of agreement • #5: Video at multiple transmit locations has to be accommodated at those locations • #6: Disruption to ITFS operations should be minimized (7 days or fewer)

17. Transition Process – Safe Harbors (Simplified) • #7: Proponent can require filters on MBS transmitters to avoid interference • #8: Additional transition time will be allowed in markets that have an operating commercial video system • #9: ITFS STLs can be replaced by UBS, MBS or other suitable microwave facilities

18. Other Proposal Elements (1) • FCC to resolve old 1995 MX applications for new stations by auction (as required by Communications Act) after final settlement opportunity

19. Other Proposal Elements (2) • All remaining ITFS spectrum licensed by FCC on basis of Basic Trading Areas (BTAs) on channel group basis. In event of MX applications, resolve by auction

20. Other Proposal Elements (3) Consent process for converting the MBS portion of band to low power, two-way operations where there is no remaining video need in a market

21. Other Proposal Elements (4) Process for pro rata reimbursement of Proponent in a market where later commercial operators use channels transitioned at the expense of the Proponent

22. Other Proposal Elements (5) FCC urged to suspend construction deadlines for individual ITFS facilities. FCC also urged to grant renewal to any ITFS station where the station provided “substantial service” during the preceding license term.

23. Todd D. Gray Dow, Lohnes & Albertson, PLLC 1200 NEW HAMPSHIRE AVENUE NW WASHINGTON DC 20036 TELEPHONE 202-776-2571tgray@dowlohnes.com www.dowlohnes.com