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 ( 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 2 nd 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. –

13 White Spaces Order and FNPRM (2006) –Fixed devices can be marketed in Feb –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 ( / MHz) –10 MHz J block ( / MHz) –Service rules pending (NPRM 2004) AWS-III – MHz NPRM –TDD? FDD? Asymmetric? Open Platform? –Commission asserts action by Aug (NPRM Sept. 2007)

15 Other Bands BRS/EBS – MHz (multiple licenses) –New Sprint/Clearwire/Cable/Intel Joint Venture –MSS ATC Bands –L-Band ( / – MHz) Inmarsat; MSV –Big Leo ( / – 2500 MHz) Iridium; Globalstar –2 GHz S-Band ( / 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 (202) Wilkinson Barker Knauer, LLP 2300 N Street NW, Suite 700 Washington, DC