John Branscome Chief, Spectrum and Competition Policy Division Wireless Telecommunications Bureau, FCC James Brown Wire

1. John Branscome Chief, Spectrum and Competition Policy Division Wireless Telecommunications Bureau, FCC James Brown Wireless Telecom Analyst, Mobility Division Wireless Telecommunications Bureau, FCC Good afternoon. Again, I’m John Branscome, Chief of the FCC’s Spectrum and Competition Policy Division, and with me is James Brown, a Wireless Telecom Analyst in the FCC’s Mobility Division. Both of our divisions are part of the FCC’s Wireless Telecommunications Bureau, which oversees all domestic wireless telecommunications services, except broadcasting, satellite, and public safety communications. The Wireless Bureau helps support the Commission’s goals of promoting broadband deployment, competition, the efficient use of spectrum, and innovation. Today, James and I will briefly walk you through what licensed spectrum is; some examples of licensed spectrum, and finally, how to access it.Good afternoon. Again, I’m John Branscome, Chief of the FCC’s Spectrum and Competition Policy Division, and with me is James Brown, a Wireless Telecom Analyst in the FCC’s Mobility Division. Both of our divisions are part of the FCC’s Wireless Telecommunications Bureau, which oversees all domestic wireless telecommunications services, except broadcasting, satellite, and public safety communications. The Wireless Bureau helps support the Commission’s goals of promoting broadband deployment, competition, the efficient use of spectrum, and innovation. Today, James and I will briefly walk you through what licensed spectrum is; some examples of licensed spectrum, and finally, how to access it.

2. Access to Licensed Spectrum for Wireless Broadband Mobile broadband technologies enable subscribers to access the Internet while traveling at high speeds Mobile handset Smartphone Wireless modem card connected to a laptop computer or PDA Mobile broadband technologies used by carriers in the United States, are capable of transmitting data at speeds of over 400 kbps As Julie Knapp indicated in his presentation earlier today, wireless broadband technologies can play an important role in the rural broadband equation. Mobile broadband technologies enable subscribers to access the Internet while traveling at high speeds via a mobile handset, a smartphone, or a wireless modem card connected to a laptop computer or PDA. Mobile broadband technologies used by carriers in the United States, are capable of transmitting data at speeds ranging in excess of 400 kbpsAs Julie Knapp indicated in his presentation earlier today, wireless broadband technologies can play an important role in the rural broadband equation. Mobile broadband technologies enable subscribers to access the Internet while traveling at high speeds via a mobile handset, a smartphone, or a wireless modem card connected to a laptop computer or PDA. Mobile broadband technologies used by carriers in the United States, are capable of transmitting data at speeds ranging in excess of 400 kbps

3. Access to Licensed Spectrum for Wireless Broadband According to our latest analysis, mobile broadband networks are available to 82 percent of the United States population (as of mid-2007). In addition, there are approximately 21.9 million mobile broadband-capable devices in use in the United States as of year-end 2006. According to our latest analysis, mobile broadband networks are available to 82 percent of the United States population (as of mid-2007). In addition, there are approximately 21.9 million mobile broadband-capable devices in use in the United States as of year-end 2006.

4. Access to Licensed Spectrum for Rural Broadband Wireless broadband offers the promise of offering broadband to rural and underserved areas in the country, where it often is the most efficient means of delivering these services. This map shows population densities for U.S. counties. For purposes of analyzing the commercial wireless market, the FCC has adopted a baseline definition of rural as a county with a population density of 100 persons or fewer per square mile. Based on this definition, roughly 61 million people, or 21 percent of the U.S. population live in rural counties. Wireless broadband offers the promise of offering broadband to rural and underserved areas in the country, where it often is the most efficient means of delivering these services. This map shows population densities for U.S. counties. For purposes of analyzing the commercial wireless market, the FCC has adopted a baseline definition of rural as a county with a population density of 100 persons or fewer per square mile. Based on this definition, roughly 61 million people, or 21 percent of the U.S. population live in rural counties.

5. Access to Licensed Spectrum for Rural Broadband The FCC has taken a number of other actions to enhance opportunities for broadband service to rural areas Security interests Infrastructure sharing Power levels The Commission has taken a number of actions in recent years to enhance opportunities for broadband service to rural areas. For licensees who are interested in obtaining financing from the RUS, the Commission took specific action to make it easier to obtain such financing by permitting the RUS to obtain a security interest in these licenses. The Commission also has made it easier for licensees to engage in infrastructure sharing, which can substantially reduce capital costs for facilities construction for the provision of wireless services, including service to rural areas. In addition, the Commission has amended its technical rules to permit increased permissible power levels for base stations in certain wireless services that are located in rural areas. This action could increase coverage in rural areas by making it more economical to provide service in those areas. The Commission has taken a number of actions in recent years to enhance opportunities for broadband service to rural areas. For licensees who are interested in obtaining financing from the RUS, the Commission took specific action to make it easier to obtain such financing by permitting the RUS to obtain a security interest in these licenses. The Commission also has made it easier for licensees to engage in infrastructure sharing, which can substantially reduce capital costs for facilities construction for the provision of wireless services, including service to rural areas. In addition, the Commission has amended its technical rules to permit increased permissible power levels for base stations in certain wireless services that are located in rural areas. This action could increase coverage in rural areas by making it more economical to provide service in those areas.

6. Access to Spectrum for Rural Broadband There are several mechanisms that the FCC uses to make spectrum available for wireless services, including licensed and licensed-exempt spectrum. Licensed spectrum generally allows for exclusive use of particular frequencies or channels in particular locations. There are several mechanisms that the FCC uses to make spectrum available for wireless services, including licensed and licensed-exempt spectrum. Some licensed frequencies are designated for commercial use while others are allocated for use by public safety agencies. Many of the licensed frequencies can also be leased or transferred to other entities in the secondary market. So, what is licensed spectrum? Licensed spectrum generally allows for exclusive use of particular frequencies or channels in particular locations. Licensed spectrum is what your commercial wireless phone companies use.There are several mechanisms that the FCC uses to make spectrum available for wireless services, including licensed and licensed-exempt spectrum. Some licensed frequencies are designated for commercial use while others are allocated for use by public safety agencies. Many of the licensed frequencies can also be leased or transferred to other entities in the secondary market. So, what is licensed spectrum? Licensed spectrum generally allows for exclusive use of particular frequencies or channels in particular locations. Licensed spectrum is what your commercial wireless phone companies use.

7. Licensed-Exempt Spectrum Spectrum that is designated as "unlicensed" or "licensed-exempt" Users can operate without an FCC license Must use certified radio equipment Must comply with the FCC's Part 15 technical requirements, including power limits. Users of the license-exempt bands do not have exclusive use of the spectrum and are subject to interference. In spectrum that is designated as "unlicensed" or "licensed-exempt," users can operate without an FCC license but must use certified radio equipment and must comply with the FCC's Part 15 technical requirements, including power limits. Users of the license-exempt bands do not have exclusive use of the spectrum and are subject to interference. Julie will discuss license-exempt spectrum in today’s last panel.In spectrum that is designated as "unlicensed" or "licensed-exempt," users can operate without an FCC license but must use certified radio equipment and must comply with the FCC's Part 15 technical requirements, including power limits. Users of the license-exempt bands do not have exclusive use of the spectrum and are subject to interference. Julie will discuss license-exempt spectrum in today’s last panel.

8. Licensed Spectrum The rules for licensed spectrum are flexible. A licensee has flexibility in deciding what services to offer and what technologies to deploy on licensed spectrum. Equipment must meet basic technical requirements. Equipment authorization is required. One of the primary attributes of radio services using licensed spectrum is that these services have interference protection. The rules for licensed spectrum are flexible. A licensee has flexibility in deciding what services to offer and what technologies to deploy on licensed spectrum. Equipment must meet basic technical requirements Equipment authorization is requiredOne of the primary attributes of radio services using licensed spectrum is that these services have interference protection. The rules for licensed spectrum are flexible. A licensee has flexibility in deciding what services to offer and what technologies to deploy on licensed spectrum. Equipment must meet basic technical requirements Equipment authorization is required

9. Licensed spectrum licensed on a site-by-site basis or geographic service area, or both. Primary attributes of licensed spectrum (as opposed to license exempt spectrum) – you generally must pay to access it. Licensed Spectrum Some licensed frequency bands were made available on a site-by-site basis, meaning that licensees have exclusive use of the specified spectrum bands in a particular point location with a radius around that location. The rights to use other bands, including almost all those licensed since 1994, were made available by particular geographic areas, such as Economic Areas (EAs) or Basic Trading Areas (BTAs). These geographic areas can cover a county, multiple counties, regions or even the entire country. Some bands include a hybrid of these 2 models, in which the spectrum was initially licensed on a site-by-site basis, and then the "white space" around those licenses was auctioned and licensed on a geographic area basis. And that gets us to one of the other primary attributes of licensed spectrum – you generally must pay to access it. Starting in 1990s, Congress directed the FCC in general to use auctions to resolve all mutually exclusive initial license applications. Margy Wiener will talk more about the FCC’s auction program in the next panel. James will explain how interested parties can obtain access to spectrum in the secondary market.Some licensed frequency bands were made available on a site-by-site basis, meaning that licensees have exclusive use of the specified spectrum bands in a particular point location with a radius around that location. The rights to use other bands, including almost all those licensed since 1994, were made available by particular geographic areas, such as Economic Areas (EAs) or Basic Trading Areas (BTAs). These geographic areas can cover a county, multiple counties, regions or even the entire country. Some bands include a hybrid of these 2 models, in which the spectrum was initially licensed on a site-by-site basis, and then the "white space" around those licenses was auctioned and licensed on a geographic area basis. And that gets us to one of the other primary attributes of licensed spectrum – you generally must pay to access it. Starting in 1990s, Congress directed the FCC in general to use auctions to resolve all mutually exclusive initial license applications. Margy Wiener will talk more about the FCC’s auction program in the next panel. James will explain how interested parties can obtain access to spectrum in the secondary market.

10. Licensed Spectrum for Rural Broadband One of the key roles of the FCC in facilitating the deployment of broadband and cutting-edge wireless technologies is to make additional spectrum available for these services. The FCC has been actively working in recent years to make more spectrum available and to promote the deployment of broadband services in spectrum that has already been licensed. One of the key roles of the FCC in facilitating the deployment of broadband and cutting-edge wireless technologies is to make additional spectrum available for these services. The FCC has been actively working in recent years to make more spectrum available and to promote the deployment of broadband services in spectrum that has already been licensed. The FCC generally does not mandate that particular technologies be deployed in particular bands, but gives licensees the flexibility to deploy the technology of their choice as long is conforms to technical parameters designed to mitigate interference. There are multiple spectrum bands available for developing broadband technologies pursuant to these flexible rules.One of the key roles of the FCC in facilitating the deployment of broadband and cutting-edge wireless technologies is to make additional spectrum available for these services. The FCC has been actively working in recent years to make more spectrum available and to promote the deployment of broadband services in spectrum that has already been licensed. The FCC generally does not mandate that particular technologies be deployed in particular bands, but gives licensees the flexibility to deploy the technology of their choice as long is conforms to technical parameters designed to mitigate interference. There are multiple spectrum bands available for developing broadband technologies pursuant to these flexible rules.

11. Access to Licensed Spectrum for Wireless Broadband Multiple spectrum bands for wireless broadband technologies AWS Spectrum 2.5 GHz BRS/EBS Band 3650-3700 MHz Band 700 MHz Band Now, let me focus on a few of bands in particular. Some of the frequencies described below are used for fixed broadband service, while others are used for mobile, portable, or a combination of fixed and mobile service.Now, let me focus on a few of bands in particular. Some of the frequencies described below are used for fixed broadband service, while others are used for mobile, portable, or a combination of fixed and mobile service.

12. Advanced Wireless Services (AWS) Spectrum The AWS-1 auction completed last year included 90 MHz of spectrum in the 1.7 and 2.1 GHz bands. The lower portion of the AWS-1 spectrum was reallocated from federal government use, while the upper portion was reallocated from other, non-federal wireless services. This spectrum can be used by carriers to provide a wide array of innovative wireless services and technologies, including voice, data, video, and other wireless broadband services. The licenses offered in the auction encompassed a range of geographic area and megahertz sizes in order to accommodate the varying spectrum needs of different types of wireless providers, including those serving rural areas. The AWS-1 spectrum represents only the first piece of AWS spectrum. FCC is working to make an additional 40 MHz of AWS spectrum available to licensees. The “AWS-2” spectrum includes 20 MHz in the 1.9 and 2 GHz bands, and the FCC has released an NPRM seeking comment on the service and technical rules for these bands. In addition, 20 MHz of spectrum at 2155 to 2175 MHz has been allocated for AWS use.The AWS-1 auction completed last year included 90 MHz of spectrum in the 1.7 and 2.1 GHz bands. The lower portion of the AWS-1 spectrum was reallocated from federal government use, while the upper portion was reallocated from other, non-federal wireless services. This spectrum can be used by carriers to provide a wide array of innovative wireless services and technologies, including voice, data, video, and other wireless broadband services. The licenses offered in the auction encompassed a range of geographic area and megahertz sizes in order to accommodate the varying spectrum needs of different types of wireless providers, including those serving rural areas. The AWS-1 spectrum represents only the first piece of AWS spectrum. FCC is working to make an additional 40 MHz of AWS spectrum available to licensees. The “AWS-2” spectrum includes 20 MHz in the 1.9 and 2 GHz bands, and the FCC has released an NPRM seeking comment on the service and technical rules for these bands. In addition, 20 MHz of spectrum at 2155 to 2175 MHz has been allocated for AWS use.

13. Advanced Wireless Services (AWS)Spectrum Auction completed September 18, 2006 Largest amount of spectrum suitable for wireless broadband ever made available in a single auction Total gross winning bids = $13.9 billion 104 bidders won 1,087 licenses Licensees can use to provide a wide range of new, wireless broadband services The AWS-1 auction represented the largest amount of spectrum suitable for deploying wireless broadband ever made available in a single auction. This spectrum will enable carriers to provide a wide range of new, wireless broadband services, bringing the FCC closer to its goal of achieving universal, affordable broadband access. The auction raised $13.9 billion in total gross winning bids. 1,087 licenses sold to 104 bidders. The winning bidders included a mix of different types of companies, including the major wireless carriers that are looking to enhance coverage or deploy new technologies, small businesses that seeking to serve rural areas, and new entrants from other technology sectors, most notably cable.The AWS-1 auction represented the largest amount of spectrum suitable for deploying wireless broadband ever made available in a single auction. This spectrum will enable carriers to provide a wide range of new, wireless broadband services, bringing the FCC closer to its goal of achieving universal, affordable broadband access. The auction raised $13.9 billion in total gross winning bids. 1,087 licenses sold to 104 bidders. The winning bidders included a mix of different types of companies, including the major wireless carriers that are looking to enhance coverage or deploy new technologies, small businesses that seeking to serve rural areas, and new entrants from other technology sectors, most notably cable.

14. BRS/EBS Spectrum Broadband Radio Service and Educational Broadband Service (or BRS/EBS) spectrum is in the process of transitioning to a new band plan and more flexible service rules in order to promote efficient spectrum use and facilitate broadband deployment. Post-transition, there will be 194 megahertz of spectrum for broadband services. A July 2004 Order eliminated the interleaved channels and rigid structure of the previous band plan. The new band plan provided contiguous spectrum for low-power, cellularized operations – such as advanced mobile services – while maintaining a home for traditional, high-power, one-way video operations in the middle of the band. New rules provided greater flexibility for BRS/EBS licensees, eliminating the burdensome licensing rules and complicated technical rules that had hindered wireless broadband deployment. July 2004 Order and April 2006 Recon Order established rules transitioning to the new band plan. Market-based transition plans can be filed by a proponent licensee on behalf of all licensees in a particular area, or licensees can self-transition to the new band plan in markets where a proponent does not come forward. Some BRS/EBS licensees have begun to deploy portable wireless broadband services.Broadband Radio Service and Educational Broadband Service (or BRS/EBS) spectrum is in the process of transitioning to a new band plan and more flexible service rules in order to promote efficient spectrum use and facilitate broadband deployment. Post-transition, there will be 194 megahertz of spectrum for broadband services. A July 2004 Order eliminated the interleaved channels and rigid structure of the previous band plan. The new band plan provided contiguous spectrum for low-power, cellularized operations – such as advanced mobile services – while maintaining a home for traditional, high-power, one-way video operations in the middle of the band. New rules provided greater flexibility for BRS/EBS licensees, eliminating the burdensome licensing rules and complicated technical rules that had hindered wireless broadband deployment. July 2004 Order and April 2006 Recon Order established rules transitioning to the new band plan. Market-based transition plans can be filed by a proponent licensee on behalf of all licensees in a particular area, or licensees can self-transition to the new band plan in markets where a proponent does not come forward. Some BRS/EBS licensees have begun to deploy portable wireless broadband services.

15. 3650 MHz Band Spectrum 50 MHz of spectrum transferred from federal to non-federal use. FCC adopted non-exclusive, “hybrid” licensing approach in 2005. Combined benefits of both licensed and unlicensed regimes. Equipment must use contention-based protocol to minimize interference. FCC affirmed rules with minor modifications in June 2007. FCC made 50 MHz of spectrum available for wireless broadband services in the 3650 MHz band. Originally used by federal government but transferred to non-federal use. FCC allocated for fixed and mobile service, grandfathered existing C-band downlinks. In 2005, FCC adopted a unique, non-exclusive licensing approach for this band that combined elements from both the traditional licensed and unlicensed regimes. The FCC structured the band’s rules to provide Wireless Internet Service Providers (WISPs) and other providers an economical means of quickly initiating broadband services, particularly in under-served and rural areas. Licensees will have nationwide, non-exclusive licenses in the band, so there will be no auction. Licensees must register their fixed sites to enable informal coordination among licensees. There are no “first-in” interference protection rights. The equipment used in this band must also incorporate a contention-based protocol, a technology that minimizes interference and allows multiple licensees to share spectrum. The FCC concluded that this licensing approach struck an appropriate balance, providing a regime with low entry costs and minimal regulatory delay, while still ensuring more orderly operation than would exist under a traditional unlicensed approach in which users must accept interference from others in the band and users’ locations are unknownFCC made 50 MHz of spectrum available for wireless broadband services in the 3650 MHz band. Originally used by federal government but transferred to non-federal use. FCC allocated for fixed and mobile service, grandfathered existing C-band downlinks. In 2005, FCC adopted a unique, non-exclusive licensing approach for this band that combined elements from both the traditional licensed and unlicensed regimes. The FCC structured the band’s rules to provide Wireless Internet Service Providers (WISPs) and other providers an economical means of quickly initiating broadband services, particularly in under-served and rural areas. Licensees will have nationwide, non-exclusive licenses in the band, so there will be no auction. Licensees must register their fixed sites to enable informal coordination among licensees. There are no “first-in” interference protection rights. The equipment used in this band must also incorporate a contention-based protocol, a technology that minimizes interference and allows multiple licensees to share spectrum. The FCC concluded that this licensing approach struck an appropriate balance, providing a regime with low entry costs and minimal regulatory delay, while still ensuring more orderly operation than would exist under a traditional unlicensed approach in which users must accept interference from others in the band and users’ locations are unknown

16. Access to Licensed Spectrum for Rural Broadband Finally, let me focus on the 700 MHz band. The 700 MHz band includes a total of 108 MHz. This has been divided into the Lower and Upper 700 MHz bands shown here. This past summer, the FCC increased the total amount of commercial spectrum to be auctioned from 60 to 62 megahertz, making a total of 84 MHz for commercial use. These licenses can be used to provide new and innovative wireless services to consumers using 4G technologies. Because the 700 MHz spectrum falls below 1 GHz, it has excellent propagation characteristics. Licensees will be able to cover a larger area with fewer cell sites and less infrastructure, making the spectrum particularly valuable and ideal for serving rural and other hard-to-reach areas.Finally, let me focus on the 700 MHz band. The 700 MHz band includes a total of 108 MHz. This has been divided into the Lower and Upper 700 MHz bands shown here. This past summer, the FCC increased the total amount of commercial spectrum to be auctioned from 60 to 62 megahertz, making a total of 84 MHz for commercial use. These licenses can be used to provide new and innovative wireless services to consumers using 4G technologies. Because the 700 MHz spectrum falls below 1 GHz, it has excellent propagation characteristics. Licensees will be able to cover a larger area with fewer cell sites and less infrastructure, making the spectrum particularly valuable and ideal for serving rural and other hard-to-reach areas.

17. 700 MHz Auction Milestones Largest auction in FCC history, raising a record $19.6 billion in bids Advancing new open platform policies Affirming aggressive build-out obligations Creating what will be a new wireless broadband provider to compete with the incumbent telephone and cable companies in nearly every home in the U.S.; and Providing small businesses, new entrants, rural providers and existing nationwide wireless providers with access to additional spectrum needed to deploy the next generation of wireless networks. The 700 MHz spectrum auction closed about a month ago. It achieved a number of significant milestones, including: • the largest auction in FCC history, raising a record $19.6 billion in bids; • advancing new open platform policies; • affirming aggressive build-out obligations; • creating what will be a new wireless broadband provider to compete with the incumbent telephone and cable companies in nearly every home in the U.S.; and • providing small businesses, new entrants, rural providers and existing nationwide wireless providers with access to additional spectrum needed to deploy the next generation of wireless networks. All told, 101 bidders won 1090 licenses, over half of whom (56) were small businesses taking advantage of the Commission’s bidding credits program.The 700 MHz spectrum auction closed about a month ago. It achieved a number of significant milestones, including: • the largest auction in FCC history, raising a record $19.6 billion in bids; • advancing new open platform policies; • affirming aggressive build-out obligations; • creating what will be a new wireless broadband provider to compete with the incumbent telephone and cable companies in nearly every home in the U.S.; and • providing small businesses, new entrants, rural providers and existing nationwide wireless providers with access to additional spectrum needed to deploy the next generation of wireless networks. All told, 101 bidders won 1090 licenses, over half of whom (56) were small businesses taking advantage of the Commission’s bidding credits program.

18. 700 MHz Open Platform Upper C Block licensee will be required to provide a platform more open to devices and applications. Will allow consumers, device manufacturers, third-party application developers, and others to use any device or application of their choice on the network in this band Subject to certain reasonable network management conditions that allow the licensee to protect the network from harm. Will facilitate innovation, investment, and next generation wireless broadband services in urban and rural areas. The licensee for this block of spectrum must allow customers, device manufacturers, third-party application developers, and others to use any device or application of their choice on their networks in this band. This will allow consumers to use the handset of their choice and download and use the applications of their choice in this spectrum block, subject to certain reasonable network management conditions that allow the licensee to protect the network from harm. This will promote broadband competition and the development of innovative wireless services. In fact, in less than a year, many wireless providers evolved from vocal opponents to vocal proponents, embracing the open platform concept. Verizon Wireless has committed to open its entire network to devices and applications for consumers. More and more wireless providers, including T-Mobile and Sprint through their participation in the Open Handset Alliance, and AT&T, are also embracing more openness in terms of devices and applications. The licensee for this block of spectrum must allow customers, device manufacturers, third-party application developers, and others to use any device or application of their choice on their networks in this band. This will allow consumers to use the handset of their choice and download and use the applications of their choice in this spectrum block, subject to certain reasonable network management conditions that allow the licensee to protect the network from harm. This will promote broadband competition and the development of innovative wireless services. In fact, in less than a year, many wireless providers evolved from vocal opponents to vocal proponents, embracing the open platform concept. Verizon Wireless has committed to open its entire network to devices and applications for consumers. More and more wireless providers, including T-Mobile and Sprint through their participation in the Open Handset Alliance, and AT&T, are also embracing more openness in terms of devices and applications.

19. 700 MHz Performance Requirements All wireless licensees are subject to some type of performance requirement to demonstrate to the Commission that they are putting their spectrum to use. As part of the 700 MHz Order adopted in July, the FCC adopted new, more stringent performance requirements for commercial 700 MHz licenses that have not yet been auctioned. These requirements will promote better access to spectrum and the provision of service, especially in rural areas. If end-of-term requirement not met, unserved areas terminate automatically. Spectrum returned to FCC for reassignment “Keep what you use” policy All wireless licensees are subject to some type of performance requirement to demonstrate to the Commission that they are putting their spectrum to use. As part of the 700 MHz Order adopted in July, the FCC adopted new, more stringent performance requirements for commercial 700 MHz licenses that have not yet been auctioned. These requirements will promote better access to spectrum and the provision of service, especially in rural areas. If licensees fail to meet the end-of-term buildout requirements, the FCC will automatically reclaim the unserved portions of the license area and make them available to other potential users. This is often referred to as a “keep-what-you-use” policy. Now, that we’ve gone through a few of the licensed spectrum bands, I’m going to turn the discussion over to James Brown, who will walk you through how you can gain access to this spectrum.All wireless licensees are subject to some type of performance requirement to demonstrate to the Commission that they are putting their spectrum to use. As part of the 700 MHz Order adopted in July, the FCC adopted new, more stringent performance requirements for commercial 700 MHz licenses that have not yet been auctioned. These requirements will promote better access to spectrum and the provision of service, especially in rural areas. If licensees fail to meet the end-of-term buildout requirements, the FCC will automatically reclaim the unserved portions of the license area and make them available to other potential users. This is often referred to as a “keep-what-you-use” policy. Now, that we’ve gone through a few of the licensed spectrum bands, I’m going to turn the discussion over to James Brown, who will walk you through how you can gain access to this spectrum.

20. Access to Licensed Spectrum for Wireless Broadband Gaining access to licensed spectrum once licenses are issued Finding current license holders Today I’m going to provide an overview on how parties can gain access to licensed spectrum after licenses have already been issued and after that discuss how current license holders can be found using the FCC’s Universal Licensing System (ULS). Today I’m going to provide an overview on how parties can gain access to licensed spectrum after licenses have already been issued and after that discuss how current license holders can be found using the FCC’s Universal Licensing System (ULS).

21. Secondary Markets for Spectrum Options for gaining access to licensed spectrum after licenses are issued (secondary markets) Acquire license from current licensee (license assignment) Lease spectrum from current licensee (spectrum lease) Sublease spectrum from current lessee (spectrum sublease) When we discuss gaining access to licensed spectrum after licenses have been issued, we generally refer to this as a secondary market. There are three types of secondary markets that will be discussed. First, there is a license assignment, which involves the current license holder assigning its license to a third party. Second, there is a spectrum lease, which involves the current license holder leasing spectrum to a third party. And finally, there is a spectrum sublease, which involves the current lessee subleasing spectrum to a third party. I will use the term lease to refer to leases and subleases.When we discuss gaining access to licensed spectrum after licenses have been issued, we generally refer to this as a secondary market. There are three types of secondary markets that will be discussed. First, there is a license assignment, which involves the current license holder assigning its license to a third party. Second, there is a spectrum lease, which involves the current license holder leasing spectrum to a third party. And finally, there is a spectrum sublease, which involves the current lessee subleasing spectrum to a third party. I will use the term lease to refer to leases and subleases.

22. License Assignment Involves the complete transfer of a license from one party to another party. See 47 C.F.R. 1.948. Spectrum Lease/Sublease Spectrum Manager Lease Licensee is primarily responsible for a lessee’s/sublessee’s compliance with the Communication’s Act and FCC policies and rules. See 47 C.F.R. 1.9020. De Facto Transfer Lease Lessee/Sublessee is primarily responsible for compliance with the Communication’s Act and FCC policies and rules. See 47 C.F.R. 1.9030, 1.9035. Secondary Markets for Spectrum A license assignment involves the complete transfer of control of a license to a third party. In the most basic form, a licensee sells its license (and possibly other assets) to a third party. A license assignment is the most popular form of a secondary market transaction. Within the last four years the FCC adopted rules to allow wireless licensees that hold exclusive use licenses (meaning the spectrum is not shared with other licensees) to lease spectrum. The FCC created two types of spectrum leasing: The first type is a spectrum manager lease, which does not involve any transfer of control of the license and requires the current license holder to be the party primarily responsible for a lessee’s compliance with the Communications Act and FCC rules. The second type is a de facto transfer lease, which involves the transfer of de facto control (in other words the day to day control of the leased spectrum) to the lessee. Under this type of arrangement, the lessee becomes the party primarily responsible with compliance with the Communications Act and FCC rules. A license assignment involves the complete transfer of control of a license to a third party. In the most basic form, a licensee sells its license (and possibly other assets) to a third party. A license assignment is the most popular form of a secondary market transaction. Within the last four years the FCC adopted rules to allow wireless licensees that hold exclusive use licenses (meaning the spectrum is not shared with other licensees) to lease spectrum. The FCC created two types of spectrum leasing: The first type is a spectrum manager lease, which does not involve any transfer of control of the license and requires the current license holder to be the party primarily responsible for a lessee’s compliance with the Communications Act and FCC rules. The second type is a de facto transfer lease, which involves the transfer of de facto control (in other words the day to day control of the leased spectrum) to the lessee. Under this type of arrangement, the lessee becomes the party primarily responsible with compliance with the Communications Act and FCC rules.

23. Options for the amount of spectrum and geography that can be obtained in the secondary market for a specific license All of the spectrum and geography A portion of the spectrum and/or geography Secondary Markets for Spectrum Regardless of whether the transaction involves a license assignment or a spectrum lease, parties may elect to have the transaction involve all of the spectrum and/or geography associated with the license or only a portion.Regardless of whether the transaction involves a license assignment or a spectrum lease, parties may elect to have the transaction involve all of the spectrum and/or geography associated with the license or only a portion.

24. To help illustrate this point here is a map of the Roanoke Economic Area and adjacent Economic Area. Each geographic license is originally comprised of one or more counties. In the Roanoke Economic Area, the licensee could assign or lease its entire license (comprised of the shaded counties) and all of the associated spectrum orTo help illustrate this point here is a map of the Roanoke Economic Area and adjacent Economic Area. Each geographic license is originally comprised of one or more counties. In the Roanoke Economic Area, the licensee could assign or lease its entire license (comprised of the shaded counties) and all of the associated spectrum or

25. Could assign or lease only a portion of its licensed area. For example, the licensee could assign or lease Montgomery County.Could assign or lease only a portion of its licensed area. For example, the licensee could assign or lease Montgomery County.

26. Submitting applications to the FCC to obtain spectrum in the secondary market http://wireless.fcc.gov/uls License Assignment File FCC Form 603 Spectrum Lease/Sublease File FCC Form 608 Each transaction requires that parties file a form with the FCC. There are different forms for a license assignment and a spectrum lease. However, both forms collect similar information, which includes the parties to the transaction and a little more detailed information regarding the party that will obtain the licensed spectrum.Each transaction requires that parties file a form with the FCC. There are different forms for a license assignment and a spectrum lease. However, both forms collect similar information, which includes the parties to the transaction and a little more detailed information regarding the party that will obtain the licensed spectrum.

27. All applications can be submitted electronically Applications in most spectrum bands must be filed electronically Certain spectrum bands require application fees Governmental entities and non-profit entities are exempt from application fees Certain applications are approved overnight Applications not approved overnight are generally processed within 21 days FCC hotline can walk parties through the filing process (877) 480-3201 (M – F 8:00 am – 6:00 pm ET) I want to touch on a few key points regarding filing a form with the FCC. First, all forms can be submitted electronically and in most spectrum bands must be submitted electronically. Second, there are fees involved in submitting either a Form 603 or a Form 608 (usually between $50 and $350 per license), however, there are no fees for governmental entities or non profit entities. Third, certain applications are approved overnight and most other applications are processed within 21 days. Finally, there is a hotline that can walk you through the filing process.I want to touch on a few key points regarding filing a form with the FCC. First, all forms can be submitted electronically and in most spectrum bands must be submitted electronically. Second, there are fees involved in submitting either a Form 603 or a Form 608 (usually between $50 and $350 per license), however, there are no fees for governmental entities or non profit entities. Third, certain applications are approved overnight and most other applications are processed within 21 days. Finally, there is a hotline that can walk you through the filing process.

28. Finding current license holders in ULS Web-based searches include: Geographic area ( county and state or coordinates) Market area (MTA, EA, REA) Spectrum band Licensee name Entire database can be downloaded Searching ULS I’m going to shift gears a little bit and discuss how you can find information regarding current license holders. All wireless licenses can be located in the FCC’s Universal Licensing System (ULS). There are many ways to search ULS for licenses, including by: Geographic area, market area, spectrum band or licensee name. In addition to providing a web-based search tool, we also provide the ability for parties to download the entire ULS database, which would allow you to create your own customizable queries.I’m going to shift gears a little bit and discuss how you can find information regarding current license holders. All wireless licenses can be located in the FCC’s Universal Licensing System (ULS). There are many ways to search ULS for licenses, including by: Geographic area, market area, spectrum band or licensee name. In addition to providing a web-based search tool, we also provide the ability for parties to download the entire ULS database, which would allow you to create your own customizable queries.

29. Finding current license holders in ULS I’m going to walk through the steps involved in searching ULS by a specific spectrum band in a specific county. First, the ULS homepage can be accessed from the Wireless Bureau’s homepage.I’m going to walk through the steps involved in searching ULS by a specific spectrum band in a specific county. First, the ULS homepage can be accessed from the Wireless Bureau’s homepage.

30. Finding current license holders in ULS Most searches can be conducted using the Advanced License Search.Most searches can be conducted using the Advanced License Search.

31. Finding current license holders in ULS This is just the top of the Advanced Search.This is just the top of the Advanced Search.

32. Finding current license holders in ULS I’ve placed stars next to the information that I’ve selected. Almost all of searches by spectrum band will include this information.I’ve placed stars next to the information that I’ve selected. Almost all of searches by spectrum band will include this information.

33. Finding current license holders in ULS OK, if you take a look at the top, you can see the information entered on the previous screen. Now, I’m going to search for a specific county.OK, if you take a look at the top, you can see the information entered on the previous screen. Now, I’m going to search for a specific county.

34. Finding current license holders in ULS In this case, one result was returned. The call sign is a hyperlink that will take you to more detailed information regarding the specific license.In this case, one result was returned. The call sign is a hyperlink that will take you to more detailed information regarding the specific license.

35. Finding current license holders in ULS The license is divided into “tabs” of information and towards the bottom of the Main Tab is information regarding the specific licensee and its contact information.The license is divided into “tabs” of information and towards the bottom of the Main Tab is information regarding the specific licensee and its contact information.

36. Finding current license holders in ULS You may use this information to initiate contact with a licensee regarding use of its license.You may use this information to initiate contact with a licensee regarding use of its license.

37. Gaining access to licensed spectrum once licenses are issued Finding current license holders Today I’m going to provide an overview on how parties can gain access to licensed spectrum after licenses have already been issued and after that discuss how current license holders can be found using the FCC’s Universal Licensing System (ULS). Today I’m going to provide an overview on how parties can gain access to licensed spectrum after licenses have already been issued and after that discuss how current license holders can be found using the FCC’s Universal Licensing System (ULS).