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FCC Spectrum Policies

FCC Spectrum Policies. Bryan Tramont Chief of Staff Office of Chairman Powell Federal Communications Commission National Spectrum Managers Association May 18, 2004. Analog World Digital World Narrowband Broadband. Transition. Voice Copper. Video Coax. TV/ Radio

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FCC Spectrum Policies

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  1. FCC Spectrum Policies Bryan Tramont Chief of Staff Office of Chairman Powell Federal Communications Commission National Spectrum Managers Association May 18, 2004

  2. Analog World Digital World Narrowband Broadband Transition Voice Copper Video Coax TV/ Radio Spectrum Digital Migration APPLICATIONS Voice; Video; Data; Audio; etc. • Competition—Limited/Govt. Sanctioned Monopolies • Market Structures—Balkanized—2-Dimensional—One Network/One Service • Consumer—Regulated Prices; No/Little Product Differentiation; Limited innovation • Innovation—Significant But Slow • Ubiquitous Networks—Universal Service Subsidies • Regulatory—Heavily Regulated with Strong Jurisdictional Boundaries Potholes Political Anxiety PLATFORMS PLATFORMS Consumer Confusion Anything else! Fixed DTV 3G FTTH Satellite Wi-Fi Mesh UWB Cable DSL Power Laser Massive Capital Investment • Competition—Multiple Facilities-Based • Market Structures—Converged—3-Dimensional—One Network/Many Services • Consumer—Lower Bundled Prices; More Innovation/Product Differentiation; Personalization/Customization • Innovation—Dynamic at all levels (Network/Applications/CPE) • Ubiquitous Networks—technological advances • Regulatory—Less Regulated—boundaries blur Risk & Uncertainty Incumbent Dilemma

  3. Guiding Principles • Multiple platforms are the key • Additional platforms generate tremendous consumer benefits by delivering competitive markets • Transformative impact actually facilitates deregulation by increasing competition and decreasing need for regulation • Avoid reflexive symmetry • Do not burden new services with the regulations of yesterday • Allow significant development, then assess market conditions to determine what regulation is appropriate; parallel wireless approach

  4. The Wireless Migration Spectrum-based providers are a key competitive entrant across voice, video, and data services • Voice – e.g. PCS • More than 142 million subscribers today – doubled in past 5 years • Minutes of use over 750 billion • Over 97% of Americans can now choose from between 3 to 8 wireless providers • Video – e.g. DBS • Roughly 21 million subscribers – increasing by about 10% per year • DBS subscribership has grown significantly and represents 22% of all MVPD subscribers • Data – e.g. WiFi • Enabling technology with exponential growth • Gardner predicts that the number of worldwide WiFi users will triple this year to about 30 million from 2003’s 9.3 million

  5. SPTF Findings and Recommendations • Spectrum access is a more significant problem than physical scarcity • Most spectrum is not in use most of the time • New technologies can operate in “white spaces” (in time and space) • A new approach to interference protection is necessary • New technology is more interference-tolerant • More measurements are needed to quantify spectrum usage and availability • Spectrum policy must evolve towards more flexible and market-oriented regulatory models • Regulatory barriers inhibit spectrum access

  6. SPTF Findings and Recommendations • Spectrum regulation must be based on clear definitions of rights and responsibilities • No single regulatory model should be applied to all spectrum • Pursue balanced spectrum policy that includes • Granting of exclusive spectrum rights through market-based mechanisms (including easements in the first instance) • Creating open access to spectrum “commons” • Command-and-control regulation used in limited circumstances (e.g., public safety)

  7. SPTF II Objectives • Implementation • Facilitate and coordinate the implementation of substantially all of the SPTF Report’s recommendations, focusing especially on how they further other FCC initiatives (broadband, competition, homeland security and media/DTV). • Assist in consideration of SPTF Report’s recommendations in the Executive Branch and in Congress. • Outreach and Feedback • Maximize external and internal transparency of spectrum-related initiatives. • Facilitate wide awareness and input into implementation of SPTF recommendations and new initiatives by the public, government (internationally and domestically) and experts in various fields. • Research and Development • Foster collaboration across disciplines (technical, economic, legal, etc.) and institutions (academia, government, industry, etc.) to implement and improve upon SPTF recommendations, and to develop additional recommendations.

  8. Coming Up • Broadband Spectrum • MMDS/ITFS • Unlicensed • Rural NPRM • Secondary Markets • NEPA Action Plan

  9. Broadband Spectrum Opportunities • Nextwave reauction – Early 2005 • 3G auctions • Reclaimed MSS auction • 1.9 GHz

  10. MMDS/ITFS • April 2003 – NPRM released seeking comment on service rules • Band Plan • Relocation of MDS 1 and 2 • Eligibility • Mobility Technical Implementation • Soon – Report and Order

  11. Unlicensed • 5 GHz Band Order - November 2003 • 3650-3700 MHz NPRM – April 2004 • TV White Spaces NPRM – May 2004 • Unlicensed Flexibility - Summer

  12. Rural NPRM • December 2002 – NOI sought comment on how FCC could modify its policies to further encourage the provision of wireless services in rural areas • July 2003 – FCC and DoA form partnership to exchange information • October 2003 – NPRM • Definition of “rural” • Definition of “use” of spectrum • Performance requirements • Relaxed Power limits • Size of Geographic Service Areas • Summer 2004 - Order

  13. Secondary Markets • October 2003 – Report and Order and FNPRM released • Provided policies and procedures to facilitate spectrum leasing arrangements • Adopted streamlined processing for full license assignments and transfers of control • Sought comment on additional steps to improve the functioning of secondary markets • Summer 2004 – Secondary Markets Order II

  14. NEPA Action Plan(Status of Matters Originally Announced May 1, 2003) • June 2003 - Human exposure to radiofrequency electromagnetic fields NPRM • August 2003 - Migratory Bird NOI • February 2004 - Database to assist with tower construction • February 2004 – USET MOU • April 2004 - Retain Avatar Environmental Services to work on environmental issues • Soon - U.S. Fish & Wildlife Service MOU • Soon - Nationwide Programmatic Agreement Order

  15. Additional Information • FCC’s Internet Site: www.fcc.gov • Contact Information: Bryan Tramont: Bryan.Tramont@fcc.gov

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