Recent Spectrum Developments: The Changing Spectrum Policy Landscape in 2008

1. Recent Spectrum Developments: The Changing Spectrum Policy Landscape in 2008 NSMA Spectrum Management 2008 May 20, 2008

2. The Policy Landscape • A Year of Change • 700 MHz Auction • DTV Transition • D Block Next Steps • White Spaces • Other Bands • Government Initiatives

3. A Year of Change • Chairman and Commissioners • Chairman Kevin J. Martin (R) (June 2011) • Commissioner Michael J. Copps (D) (June 2010) • Commissioner Jonathan S. Adelstein (D) (June 2008) • Commissioner Deborah T. Tate (R) (June 2007) • Commissioner Robert M. McDowell (R) (June 2009) • Commissioners may continue to serve until the end of the next session of Congress following the expiration of their term.

4. A Year of Change • Chairman and Commissioners • Chairman and four Commissioners • Appointed by President • Confirmed by Senate • Staggered five-year terms • Maximum of three Commissioners from one political party • Spectrum policy leaders at NTIA (Baker) and the State Department (Gross) also likely to depart.

5. 700 MHz Background • 108 MHz (698-806 MHz) • “Beachfront” spectrum (distance & penetration capabilities) • 24 MHz allocated for Public Safety • 84 MHz allocated for commercial use • 22 MHz previously auctioned (some construction done) • 62 MHz auctioned in Auction 73

6. 700 MHz Band Plan

7. 700 MHz Auction Highlights • Bidding ran 38 days from January 24 – March 18 (261 rounds) • 1090 of 1099 licenses offered were won • Total net provisionally winning bids = $18.96B ($19.59B including D block and bid credits) • Almost twice the amount of revenue that Congress budgeted • A, B, C & E Blocks met reserve prices

8. Who Won? • Verizon Wireless • Upper C Block licenses for the continental US & Hawaii • 77 B Block licenses • 25 A Block licenses • AT&T • Nearly 1/3 (227) of B Block licenses (Adjacent to Lower C Block it acquired from Aloha) • DISH (formerly EchoStar) • 168 E Block licenses • Qualcomm won 5 E Block licenses, including: Boston, NYC, LA, San Francisco, and Philadelphia

9. Distribution of Licenses • Concerns Raised by Some: • AT&T and Verizon Wireless accounted for $16B of the $19.59B gross bids (~ 80%) • C Block REAGs - $0.76/MHz/POP vs B Block CMAs - $2.68/MHz/POP – role of open networks? • Commissioner Adelstein notes lack of women- and minority-owned businesses among auction winners • Role of New Entrants: • 99 other bidders won 754 licenses (69% of 1090 won) • 75 new players won licenses to serve 305 rural areas (out of 428) • 56% of qualified bidders, and 55% of winning bidders, claimed DE status • DEs won 379 (35%) of 1090 licenses

10. D Block • Auction 73 Public-private partnership • Only one bid, which failed to meet the reserve price • House Subcommittee Hearing – April 15, 2008 • Questions • NSA uncertainty • Construction requirements • Reserve price • New entrant? • Chairman Martin wants auction in 4Q 2008

11. D Block Next Steps • 2nd FNPRM Adopted on May 14, 2008 • Comments/Replies:  30 days/15 days • Open-ended inquiries into D Block licensee, Public Safety Broadband Licensee, and technical issues surrounding a shared network • The FCC will issue a subsequent further notice seeking comment on specific rules once they are identified • The FCC will hold an En Banc meeting in Summer 2008

12. DTV Transition • Date Certain • February 17, 2009 • DTV Education • FCC Order charging wide array of stakeholders with information campaign: MVPDs, 700 MHz winners, broadcasters, CE manufacturers and USF providers. • Analog Pass Through / Low Power • No date certain for LPTV stations to go digital • LPTV group wants all converter boxes to contain an analog tuner • CBA Mandamus Suit in Court of Appeals • Coupons • As of April 21, NTIA had accepted requests from more than 6.0 million households for over 11.4 million coupons. On May 7, Commerce Secretary Gutierrez announced that 1 million coupons had been used. • www.dtv2009.gov

13. White Spaces • Order and FNPRM (2006) • Fixed devices can be marketed in Feb. 2009 • Qs: Portable? Licensed v Unlicensed? Interference Protection Regime? • New Round of Device Testing Ongoing • Continuing issues with devices • Questions regarding spectrum sensing • New Proposals • RTG/FiberTower (supported by Sprint & T-Mobile) • License fixed point-to-point for backhaul • Google • Unlicensed use, relying on geo-location interference protection • CTIA • Licensed, areawide with incumbent protections

14. Other Bands • AWS-II • 10 MHz H block (1915-1920/1995-2000 MHz) • 10 MHz J block (2020-2025/2175-2180 MHz) • Service rules pending (NPRM 2004) • AWS-III • 2155-2175 MHz NPRM • TDD? FDD? Asymmetric? Open Platform? • Commission asserts action by Aug. 2008 (NPRM Sept. 2007)

15. Other Bands • BRS/EBS • 2496-2690 MHz (multiple licenses) • New Sprint/Clearwire/Cable/Intel Joint Venture • MSS ATC Bands • L-Band (1525-1559 / 1626.5 – 1660.5 MHz) • Inmarsat; MSV • Big Leo (1610-1626.5 / 2483.5 – 2500 MHz) • Iridium; Globalstar • 2 GHz S-Band (2000-2020 / 2180 – 2200 MHz) • ICO; TerreStar

16. Policy Opportunities • More Spectrum from Feds • NTIA USG Spectrum Review • CSMAC • Federal -- Non-Federal Spectrum Sharing - templates • AWS Lessons • OMB Circular A-11 • New Sharing Opportunities • Additional Bands that are Underutilized • Test Bed

17. Bryan Tramont btramont@wbklaw.com (202) 383-3331 Wilkinson Barker Knauer, LLP 2300 N Street NW, Suite 700 Washington, DC 20037 www.wbklaw.com