FCC Wants to auction most spectrum

[quarterwave]

Saw a message just before Christmas (actually had to converse with our attorney's on Christmas Eve about it) that the FCC wants to delete a rule that was setup back when auctions started, that allowed many services spectrum to be exempt from auction.

If they remove the rule, the result, and probably the intention, would be to take away most part 90, 95 and many other services spectrum and let it be auctioned.

So, you then can either buy it (if someone else wants it, that'll cost you megabucks) and still have to pay licensing and use fees...this would basically put business radio (Private Land Mobile) as we know it out of reach for most operations. A small business with a UHF channel and 4 portables can't afford megabucks just to use their radios....even larger commercial operations, say a manufacturer with 4 repeaters and 500 radios...may have to spend far more than the value of their equipment just to buy the "right" to use the spectrum that are already licensed for today.

Probably what the FCC is hoping for is that just a few parties (spectrum pool holders, or some similar name) will buy up most of it, then businesses will have to go through them to use it (lease it). Then, they are dealing with 10-20 organizations, and not 100,000+ individual licensees.

At the end of the day, this means the Government will make money selling the public's resources back to the public (which should be illegal) at huge profit. Whether direct or through a "provider", the cost would be tremendous. Of course, this is another way to "tax" business.

This rule exemption would include GMRS too. So essentially, they want to steal our 7 channel pairs from us in the name of cash and sell them out from under us. I would assume Public Safety would be exempt, but all business, GMRS and even broadcast would be fair game.

Some of this is obviously my opinion based on reading, but they are moving to erase the rule so they can hose us...get ready.

 

[redneckcellphone]

I'm throwing out the bologna sandwich on this one.


Sent from my iPhone yes iPhone using Tapatalk app thingy

 

[quarterwave]

"It looks like the FCC may be heading back down the road toward holding Private Land Mobile Radio spectrum auctions. This concerned is triggered by the FCC’s statement that it is eliminating the rule that currently exempts Part 90 private radio spectrum from spectrum auctions. This could lead to a scenario where private companies that need radio channels must pay significant amounts of money to BUY the channels at an auction. More importantly, it could lead to an “overlay” auction, in which rights to the spectrum you are already using on a shared basis may be sold out from under you.
In particular, buried in footnote 423 of the Incentive Auction Notice of Proposed Rulemaking, FCC 12-118 (“NPRM&#8221, the FCC states: “We note that the Commission’s rules currently include an outdated provision adopted under an earlier version of 47 U.S.C. Sec. 309(j). See 47 C.F.R. Sec. 1.1202 (c) (listing certain services and classes of services, including UHF, VHF, and LPTV broadcast television, as not subject to competitive bidding). We take this opportunity to delete 47 C.F.R. Sec. 1.2101(c) to reflect that services listed in that section are subject to competitive bidding under current law.” (Emphasis added).
Rule Section 1.2101(c) is the regulation that currently exempts most private radio spectrum (including the frequencies used by most of our private user clients) from spectrum auctions. By deleting this rule, the FCC opens the door to future auctioning of Part 90 spectrum. As you may recall, the FCC proposed private radio spectrum auctions in 1999 (WT Docket No. 99-87), and our clients as well as other private users were able to persuade the FCC to abandon the idea. Private radio licensing has traditionally avoided mutually exclusivity between applicants by using frequency coordination and shared channel assignments, and there are already well over a million shared use licenses issued (which would make for major disruptions if an auction regime were to be imposed after the fact)."

"2 Thus the following radio services formerly subject to the Rule 1.2102(c) exemption are now subject to auctions: 1) Alaska Private Fixed Stations (47 CFR Part 80, subpart O); 2) Broadcast Radio (AM & FM) and Broadcast Television (VHF, UHF, LPTV) under 47 CFR part 73; 3) Broadcast Auxiliary & Cable Television Relay Services (see 47 CFR part 74, subparts D, E,F, G, H and L and part 78, subpart B); 4) Instructional Television Fixed Service (47 CFR part 74, subpart I); 5) Maritime Support Stations (47 CFR part 80, subpart N); 6) Marine Operational Fixed Stations (47 CFR part 80, subpart L); 7) Marine Radiodetermination Stations (47 CFR part 80, subpart M); 8) Personal Radio Services (47 CFR part 95), except applications filed after July 26, 1993, in the Interactive Video Data Service (47 CFR part 95, subpart F); 9) Public Safety, Industrial/Land Transportation, General & Business Radio categories above 800 MHz, including finder’s preference requests for frequencies not allocated to the SMR service (47 CFR 90.173), and including, until further notice of the Commission, the Automated Vehicle Monitoring Service (47 CFR 90.239); 10) Private Land Mobile Radio Services between 470-512 MHz (47 CFR part 90, Subparts B-F), including those based on finder’s preferences (47 CFR 90.173); 11) Private Land Mobile Radio Services below 470 MHz (47 CFR part 90, subparts B-F) except in the 220 MHz band (47 CFR part 90, subpart T), including those based on finder’s preferences (47 CFR 90.173); and 12) Private Operational Fixed Services (47 CFR part 94)."

Some of the info I received. (My company retains one of the top law firms in DC to handle this stuff for them.)

 

[gewecke]

I'm not scared either way. It's always to good to have a contingency plan to deal with u.s. government retardation.
I will have radio, no matter what they do.

73,
n9zas

 

[quarterwave]

I'm not sure anything is sacred...didn't they TAKE some 220Mhz space from HAM and sell it to UPS some years ago for data?

 

[cabletech]

quarterwave, how about putting a link or telling us where you saw all of this.

I have not seen any thing about this in all of the FCC actions that I follow.

Thanks

 

[MTS2000des]

Well, what does one expect in the United CORPORATE states of America?
I've been saying this for a decade now, the FCC is nothing more than "Radio Spectrum Sales and Leasing, LLC" and they are owned by the commercial wireless industry (aka Verizon, Sprint, AT&T, T-Mobile, and their cohorts such as the PCIA and EIA).

I saw this coming with the entire Nextel 800MHz interference SCAM PLAN which was a master plan by Sprint to get their valuable hands on contiguous spectrum in the 850MHZ band. They've done that, and they are also now putting LTE on that SMR band, with FCC approval (screw the other SMR licensees in the recently rebanded 862MHz band, they'll just have to deal with the QRM like public safety did when Nextel was allowed to play cellphone company on interleaved part 90 spectrum).

It's no secret that the wireless industry has had their sights on part 90 spectrum, especially in the UHF/800/900 bands. Now that they have the corporate stooges aka congress in their back pocket, it is congress, not just the FCC, pushing the spectrum auctions.

Some of you are about to find out who REALLY owns America.

 

[LtDoc]

Pure speculation. Odd, has the taste of 'bologna', or maybe 'spam' to it...
- 'Doc

 

[rfradioconsult]

The day will come when we will have to defend 4 MHz of 2Meter spectrum, with our current use it is going to be an uphill fight to hold on to all four MHz. If we are lucky maybe we can retain one MHz of spectrum. OnStar would love to get spectrum to buildout their own network, VHF would provide good propagation at a cheaper infrastructure cost.

 

[quarterwave]

quarterwave, how about putting a link or telling us where you saw all of this.

I have not seen any thing about this in all of the FCC actions that I follow.

Thanks

The reference to the NPRM #'s are listed. This came from one of the largest and oldest radio law firms in DC. My company is a client.

If you somehow think I am making stuff up, you have too much time on your hands, because I certainly have more to do than make stuff up like this....but I guess negativity is some folks hobby.

 

[quarterwave]

Pure speculation. Odd, has the taste of 'bologna', or maybe 'spam' to it...
- 'Doc

Whatever...guess I can troll your posts and say the same. To each his own.

 

[mancow]

It's true. The whole LTE PTT push is a part of this. They would love to shove all PS into one area and have all that spectrum to cut deals with for huge profits.

 

[quarterwave]

This is how Aerial and Sprint Spectrum, et al, started PCS Wireless. They bought 2.1 Ghz and displaced point to point microwave users. The caveat was they did have to buy those displaced new 6 Ghz installations, and in this scenario I doubt any such trade will be made.

 

[gewecke]

The day will come when we will have to defend 4 MHz of 2Meter spectrum, with our current use it is going to be an uphill fight to hold on to all four MHz. If we are lucky maybe we can retain one MHz of spectrum. OnStar would love to get spectrum to buildout their own network, VHF would provide good propagation at a cheaper infrastructure cost.

I'd sell them the 2 meter portion for $1.98 ! :twisted:

73,
n9zas

 

[MTS2000des]

This is how Aerial and Sprint Spectrum, et al, started PCS Wireless. They bought 2.1 Ghz and displaced point to point microwave users. The caveat was they did have to buy those displaced new 6 Ghz installations, and in this scenario I doubt any such trade will be made.

I really feel for the upcoming T-band licensees. they are going to lose out bigtime if someone doesn't stop this nonsense, but not just the FCC, but Congress, who have ZERO understanding at what's at risk here, is the one who has a plan to auction off the T-band spectrum.

In these turd blossom moron's minds, a radio is a "cellphone", and they hear LOUD AND CLEAR what the cellular/broadband industry wants, MORE SPECTRUM and they have the billions in the kitty to pay for it.

The LMR industry doesn't stand a chance, let alone the users. Public safety doesn't see the threat now, but soon will- once it's too late. LTE is NOT going to be the savior like congress, the FCC, and their stooges are telling us it will. All it will be is another infrastructure heavy boondoggle that will suck more tax dollars down the drain faster than you can say "P25".

The next decade is going to prove very interesting.

 

[SCPD]

NPRM 12-118 Footnote 423

This was an issue back on October.

Here is the NPRM FCC 12-118

http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db1002/FCC-12-118A1.pdf

This law firm requests clarifcation:

http://apps.fcc.gov/ecfs/document/view?id=7022089159

Here is footnote 423 on page 98. This is what all the fuss is about.

423 We note that the Commission’s rules currently include 
an outdated provision adopted under an earlier version of
47 U.S.C. § 309(j). See 47 C.F.R. § 1.2102(c) (listing certain 
services and classes of services, including UHF, VHF,and LPTV 
broadcast television, as not subject to competitive bidding). 
We take this opportunity to delete 47 C.F.R.§ 1.2102(c) to reflect 
that the services listed in that section are subject to competitive 
bidding under current law.

 

[reedeb]

I'd sell them the 2 meter portion for $1.98 ! :twisted:

73,
n9zas

Hush, adults are talking.

 

[mlmummert]

When CB radios are outlawed, only outlaws will have CB radios.


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[LtDoc]

"We take this opportunity to delete 47 C.F.R.§ 1.2102(c) to reflect
that the services listed in that section are subject to competitive
bidding under current law."
Think about that for a little bit. It tells me that the FCC regulations/definitions are being changed to follow the -current- law pertaining to them. It does not say that the FCC want's to do it, it only says that they have to to be in compliance to current law.
Put the blame where it belongs, not where it's easiest.
- 'Doc

 

[quarterwave]

I guess all the attorney's in DC are wrong.

From now on I guess I need to NOT share and try to contribute to the industry and regulation discussions here. 99% of us just like to chat and help each other, and 1% have to be the experts expert and ruin it.