FCC NPRM on 3G Todd D.Gray Dow, Lohnes & Albertson Counsel, National ITFS Association

NPRM and Order Captioned ET Docket No , RM 9920 and RM 9911 Issued by the FCC on January 5, 2001 Comment Deadline: 30 days from Federal Register Publication (early to mid February) Reply Deadline: 45 days from Federal Register Publication (mid to late February)

Generally, the NPRM: Explores introduction of new advanced mobile and fixed services in frequency bands currently used for cellular, PCS and SMR services, as well as five other bands: MHz, MHz, MHz, MHz and MHz

The NPRM also: Denies the petition of Satellite Industry Association (“SIA”) requesting that the MHz and MHz bands be reallocated to the Mobile Satellite Service (“MSS”) The SIA Petition was strongly opposed by ITFS and MDS interests

The Problem to be Solved Purported need for 160 MHz of additional spectrum to meet projected requirements of 3G systems in highest traffic areas by 2010 (according to WRC-2000) 3G spectrum needs to be located below 3 GHz 3G spectrum may need to be coordinated with other countries to allow global roaming

More on the Problem 160 MHz of new spectrum below 3 GHz is NOT available without relocating existing users Moreover, it is not clear that 160 MHz of new spectrum is really needed

Comments Requested: 3G Needs What are the range of advanced services to be introduced over time? Will these services be fixed or mobile? Can existing mobile bands (cellular, PCS, SMR) be transitioned to 3G? How much additional spectrum is really needed?

Comments Requested: 3G Bands / MHz MHz of PCS spectrum already to be re-auctioned MHz -- TV Channels MHz may be available for 3G MHz -- former government spectrum already slated to be auctioned

Possible 3G Bands (cont’d) MHz -- the “1.7 Band” now being considered for re-allocation from Governmental Use by NTIA MHz -- already slated to be auctioned MHz -- Note that MHz is part of MDS 2

Possible 3G Bands (cont’d) MHz -- MDS 1 and 2/2A (The Unexpected Big Problem) MHz -- the ITFS and MMDS Band (The Anticipated Big Problem)

Comments on 2.5 GHz Band Would mobile allocation be beneficial without reallocating the spectrum to other licensees (that is, allowing ITFS and MMDS licensees to provide mobile service)? Could a portion of the band be made available to new entities? If so, how much spectrum, and where in the band?

Comments on 2.5 GHz (cont’d) Could incumbent ITFS/MMDS licensees be accommodated in other bands? If so, what relocation procedures would apply to ITFS/MMDS licensees being relocated (expense reimbursement, alternative facilities, etc.)?

So: Where do we go from here? Filing comments with FCC, jointly and/or individually Support of ITFS industry efforts (including financial support) Support of WEB Now Coalition efforts