The FCC has approved a joint request of broadcasters and Sprint Nextel for an extension until February 8, 2010, of the deadline for Sprint Nextel to complete the relocation of broadcasters’ broadcast auxiliary service (BAS) operations in the 2 GHz frequency band. Under this process, Sprint Nextel assumed responsibility for relocating incumbent BAS operations from the 1990-2110 MHz band to the 2025-2110 MHz band, to make 35 MHz of spectrum available for new services of Sprint Nextel, mobile satellite service (MSS) operators, and future advanced wireless services (AWS) licensees.
The FCC’s decision is an overall victory for television broadcasters because the FCC recognizes the significant time and effort that broadcasters have invested in the relocation process, and acknowledges that delays in the relocation process are due to circumstances largely outside broadcasters’ control, such as the limited number of BAS equipment manufacturers and tower climbers. Most importantly, the FCC clarifies that incumbent BAS operators will retain primary status over MSS until they are relocated (or the BAS relocation rules sunset in December 2013), and places the responsibility for interference protection and coordination squarely on the shoulders of the MSS providers.
The FCC also issued a Notice of Proposed Rulemaking seeking comment on whether MSS services can operate on a secondary basis in non-relocated BAS markets. In the Notice, the FCC also expresses concern that not all broadcasters may be making a good faith effort to complete the relocation in a timely process, noting that the nature of BAS service requires all TV stations in a market to relocate to the new band plan simultaneously to prevent interference. The FCC therefore asks for comment on any incentives it might apply to encourage all BAS licensees to diligently work toward completing the relocation, such as changing a station’s status for interference purposes.
Comments on the Notice will be due 21 days after publication of the Notice in the Federal Register, and reply comments will be due 31 days after publication.
