1. Recent Spectrum Developments 2012 NSMA Spectrum Management May 15, 2012

2. Outline Spectrum Policymakers Middle Class Tax Relief and Job Creation Act – Title VI (P.L. 112-96) Other Spectrum Bands in Play Additional Hot Topics 2

3. Spectrum Policymakers 3

4. The Washington, D.C. Landscape: Administration Policy Leaders NTIA – Lawrence Strickling RUS – Jonathan Adelstein White House – Todd Park – Tom Power State Department – Phil Verveer 4

5. The Washington, D.C. Landscape: Congressional Policy Leaders – Rep. Fred Upton, Chair, House Energy and Commerce Committee – Rep. Greg Walden, Chair, House Communications and Technology Subcommittee – Rep. Henry Waxman, Ranking Member, House Energy and Commerce – Rep. Anna Eshoo, Ranking Member, House Communications and Technology Subcommittee – Sen. Jay Rockefeller, Chair, Senate Commerce Committee – Sen. Kay Bailey Hutchison, Ranking Member, Senate Commerce Committee 5 ** Elections in November could reshape Congressional leadership on technology policy **

6. The FCC Chairman – Julius Genachowski (D) (June 2013) Commissioners – Robert McDowell (R) (June 2014) – Mignon Clyburn (D) (June 2012) – Jessica Rosenworcel (D) (June 2015) – Ajit Pai (R) (June 2016) Commissioners are appointed by the President and confirmed by the Senate for 5-year terms 6

7. New FCC Commissioners 7 Ajit Pai Previously: Partner at Jenner & Block Special advisor to FCC General Counsel FCC Deputy General Counsel Chief Counsel to the Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Property Rights Senior Counsel, Office of Legal Policy at the Department of Justice Verizon Associate General Counsel Jessica Rosenworcel Previously: Senior Legal Counsel for Senate Commerce Committee Senior Legal Advisor to Commissioner Copps Competition and universal service advisor to Commissioner Copps Legal Counsel to Chief of Wireline Competition Bureau Attorney-Advisor, Common Carrier Bureau Associate, Drinker Biddle & Reath

8. Spectrum Policymakers: FCC Rick Kaplan, Chief, Wireless Bureau Mindel De La Torre, Chief, International Bureau Julius Knapp, Chief, Office of Engineering and Technology Austin Schlick, General Counsel Ruth Milkman and Gary Epstein, co-leads of Incentive Auction Task Force David Furth, Acting Chief, Public Safety and Homeland Security Bureau 8

9. Middle Class Tax Relief and Job Creation Act – Title VI (P.L. 112-96) 9

10. Middle Class Tax Relief and Job Creation Act of 2012, P.L. 112-96 – Title VI Spectrum Auctions – Required Spectrum Auctions – Incentive Auctions – Generally – Broadcast Incentive Auction Unlicensed Use – Guard Bands, 5 GHz Spectrum Planning/Efficient Use Federal Spectrum Relocation/Reimbursement Wireless Facilities Deployment 11 GHz, 18 GHz, and 23 GHz Microwave Bands Public Safety – D-Block Reallocation – T-Block 10

11. P.L. 112-96: Required Spectrum Auctions Required Spectrum Auctions – by February 22, 2015 – 15 MHz between 1675-1710 MHz – 1915-1920 MHz (unless harmful interference to PCS) – AWS-2 – 1995-2000 MHz (unless harmful interference to PCS) – AWS-2 – 2155-2180 MHz – 15 MHz contiguous spectrum to be identified by FCC Proceeds deposited into Spectrum Relocation Fund and Public Safety Trust Fund 11

12. P.L. 112-96: Incentive Auctions Broadcast Incentive Auction – Eligible broadcasters: full power or low power Class A – Broadcast incentive auction: only one reverse auction and only one reorganization of TV spectrum – FCC can conduct reverse/forward auction, reassignments/reallocations contemporaneously – Participating broadcast TV licensees can relinquish: all rights to channel without receiving any usage rights for another channel in return; all rights to UHF channel in return for rights to VHF channel; or usage rights in order to share TV channel with another licensee – FCC must consider assigning licenses covering variety of geographic area sizes in forward auction – Proceeds to TV Broadcaster Relocation Fund / Public Safety Trust Fund FCC may reassign TV channels as appropriate and reallocate portions of TV spectrum as agency determines are available for reallocation FCC must make all reasonable efforts to preserve coverage area of / population served by broadcast TV licensees 12

13. P.L. 112-96: Reassignment/Reallocation: TV Broadcast Spectrum 13 FCC prohibited from involuntarily: – Modifying spectrum usage rights of a broadcast TV licensee or reassigning such a licensee – Reassigning broadcast TV licensee from VHF (54-216 MHz) to UHF channel (470-890 MHz) – Reassigning broadcast TV licensee from channel between 174-216 MHz to channel between 54-88 MHz April 2012: FCC releases Channel Sharing Order – Ground rules for stations choosing to share 6-MHz channel with one or more other stations – Identifies entities that may qualify to implement channel sharing arrangements – Channel-sharing licensees will retain rights to cable and satellite carriage based on the location of the shared transmission FCC to reimburse costs reasonably incurred by: – TV licensees who are reassigned from a UHF channel to a new UHF channel, or from a VHF channel to another VHF channel, or from VHF to UHF prior to completion of auction – MVPDs to continue carrying signal of TV licensee that is reassigned or if licensee voluntarily relinquishes a UHF channel for a VHF channel or voluntarily relinquishes a channel to share with another licensee

14. P.L. 112-96: Unlicensed Use & Spectrum Planning / Efficiency 14 Unlicensed Use – Guard Bands – FCC allowed to use relinquished or other spectrum to implement band plans with guard bands, and is allowed to permit the use of such guard bands for unlicensed use, provided That the guard bands are no larger than is technically reasonable to prevent harmful interference between licensed services outside the guard bands – Unlicensed use must rely on database or other methodology determined by FCC – The FCC may not allow use of a guard band that it determines would cause harmful interference to licensed services Unlicensed Use – 5 GHz Band – FCC to begin proceeding to modify Part 15 rules to permit unlicensed U-NII devices to operate in 5350-5470 MHz band, if licensed users protected by technical solutions – Assistant Secretary to conduct study evaluating known and proposed spectrum- sharing technologies and the risk to Federal users if unlicensed U-NII devices were allowed to operate in the 5350-5470 MHz band and in the 5850-5925 MHz band Spectrum Inventory & Planning/Efficiency – Comptroller General receiver performance study – OMB to update and revise section 33.4 of OMB Circular A-11

15. P.L. 112-96: Federal Spectrum Relocation Cost Reimbursement Federal entities incurring certain relocation or sharing costs shall receive reimbursement from Spectrum Relocation Fund Includes relocation or sharing costs related to pre-auction estimates or research Includes modification/replacement of equipment, software, etc. Includes costs of research, engineering studies, and economic analyses Higher priority for relocation over sharing NTIA shall give priority to options involving reallocation; only choose shared use when agency determines, in consultation with OMB, that relocation is not feasible because of technical or cost constraints NTIA Responsibilities NTIA shall terminate entity’s authorization if entity has unreasonably failed to comply with timeline for relocation or sharing NTIA to create Technical Panel to review federal entity transition plans Dispute resolution: If requested, NTIA must establish dispute resolution board Decisions appealable to D.C. Circuit 15

16. Federal Spectrum Relocation, Continued Congressional Action – April 2012: Reps. Stearns and Matsui introduce H.R. 4817, The Efficient Use of Government Spectrum Act Gives the DoD and other federal agencies in the 1755-1780 MHz band five years to relocate off the band and provides adequate protections for reallocation – April 2012: Reps. Walden and Eshoo launched bipartisan Federal Spectrum Working Group Group will examine how the federal government can use the nation’s airwaves more efficiently. NTIA report – March 2012 – Announces possibility of repurposing 1755-1850 MHz band – Significant cost and time: $18 billion over 10 years 16

17. P.L. 112-96: 11 GHz, 18 GHz, 23 GHz Microwave Bands FCC must submit a report to Congress on rejection rate for the following spectrum : 10,700-11,700 MHz 17,700-19,700 MHz 21,200-23,600 MHz Comptroller General Study on whether this spectrum is being deployed in a way that market forces provide adequate incentive for efficient use, and whether the FCC receives maximum revenue through competitive bidding 17

18. P.L. 112-96: Public Safety Spectrum To Public Safety – D-Block Reallocation To Commercial – T-Band Reallocation and Auction 470-512 MHz (TV Channels 14 to 20) within 9 years Mixed Use – Narrowband and Guard Band Spectrum 769-775 MHz, 799-805 MHz FCC may allow to be used in flexible manner 18

19. Public Safety: First Responder Network Authority 19 Independent authority (“FirstNet”) under NTIA will hold single public safety wireless license (700 MHz D-block) NTIA Role – The Authority shall: develop RFPs, consult with regional, State, tribal, and local jurisdictions, enter into agreements to utilize existing commercial infrastructure, and represent public safety before standard setting bodies FCC Role – The FCC: may adopt public safety roaming rules, may allow priority access to commercial networks, and must approve Technical Advisory Board for First Responder Interoperability recommendations (by May 22, 2012) NIST Role – NIST to develop list of certified devices / components

20. Public Safety: Path to Network Buildout 20 First Responder Network Authority Develops RFPs for construction of network, including coverage areas, service levels, performance criteria, technical and operational requirements, terms of service, and practices and procedures of entities operating on network; provides notice of completion of RFP process/proposed plan for the State to the Governor of each State FCC Technical Advisory Board for First Responder Interoperability Sends minimum technical requirements to ensure nationwide interoperability to FCC FCC Approves, with revisions if necessary, and transmits recommendation to Authority States can opt-in or opt-out of Authority’s proposed network deployment plan Opt Out: If State opts out, State must submit alternative plan demonstrating interoperability; technical capabilities; and funding OR Opt In: State opts in FCC can approve/disapprove State plan Network built!

21. Public Safety: Funding Public Safety Trust Fund: Deficit Reduction - $20.4B Network Construction Fund - $7B State and Local Implementation Fund - $135M 911, E911, NG911 Implementation Grants - $115M Public Safety Research - $100M Additional Public Safety Research - $200M Authority can collect network user fees, and lease fees for network capacity and network equipment and infrastructure 21

22. Other Spectrum Bands in Play 22

23. National Broadband Plan (“NBP”) Spectrum for Broadband -- Goal: 10 Years: 500 MHz for broadband 5 Years: 300 MHz between 225 MHz – 3.7 GHz 23

24. NBP: Mobile Satellite Service (“MSS”) NBP recommends FCC accelerate terrestrial deployments in MSS spectrum. – Report and Order – April 2011 – Public Notice on 2 GHz – May 20, 2011 – DISH closes on DBSD/TerreStar transfers – 40 GHz of the 2 GHz band – March 2, 2012 IB denies DISH waiver request – FCC adopts NPRM/NOI proposing standalone terrestrial service in the MSS spectrum, so-called “AWS-4” rules Comments due May 17; reply comments due June 18 Proposed terrestrial service for the 2000-2020 MHz and 2180-2200 MHz spectrum bands Proposed pairing the AWS-4 blocks: 2000-2020 MHz as uplink; 2180-2200 MHz as downlink. Proposed licensing the spectrum in paired 10 MHz blocks for each license area 24

25. NBP: Spectrum Flexibility National Broadband Plan: Revise Parts 74, 78, 101 to allow for increased spectrum sharing among point to point microwave services Revise rules to allow for greater flexibility to deploy backhaul: NOI and NPRM adopted August 2010 R&O, FNPRM, and MO&O adopted August 2011: R&O permits FS operations in certain BAS and CARS frequencies; eliminates final link rule; permits adaptive modulation; declines to permit auxiliary fixed stations FNPRM seeks comment on allowing smaller antennas in certain Part 101 antenna standards; allowing wide channels in 6 and 11 GHz bands; proposes exempting licenses in non-congested areas from efficiency standards; revising waiver standard for microwave stations near the geostationary arc 25

26. Additional Hot Topics 26

27. Wireless in 2012 and Beyond: Transactions T-Mobile / AT&T – Implications Verizon / SpectrumCo and Cox DISH and 2 GHz MSS LightSquared The Next Thing? 27

28. Wireless in 2012 and Beyond: Competition Policy and Spectrum Use Return of More Aggressive Market Regulation? Staff report on AT&T/T-Mobile transaction Noted potential changes to screen in AT&T/Qualcomm draft order Prompts letter from Reps. Upton/Walden – December 2011 But no change to screen in AT&T/Qualcomm approval Skyterra Order Imposed new procedures on Verizon/AT&T in merger review context Continued concern re: state of competition Receiver Performance March 2012 two-day FCC workshop 28

29. Wireless in 2012: NTIA Spectrum Management Advisory Committee Rechartered and Selected New Co-Chairs in 2011: – Dr. Brian Fontes, CEO, NENA – Dr. Gregory Rosston, Stanford University 2011/12 Highlights – Four working groups created to address (i) the search for 500 MHz, (ii) spectrum sharing, (iii) unlicensed use, and (iv) and spectrum management improvements. – The primary focus: the search for 500 MHz – particularly considerations concerning the potential reallocation of the 1755-1850 MHz band. Next meeting: May 30, 2012 – To consider processes and structure for making 1755-1850 MHz band available for wireless broadband while maintaining essential federal capabilities 29

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