**Before the**

**Department of Commerce**

**National Telecommunications and Information Administration**

**1401 Constitution Avenue, NW**

**Washington, D.C. 20230**

+-----------------------------------+---+--------------------------------+
| In the Matter of                  | ) | Docket No. 060602142-6142-01   |
|                                   |   |                                |
| The President's Spectrum Policy   | ) |                                |
|                                   | \ |                                |
| Initiative Spectrum Sharing       | ) |                                |
|                                   | \ |                                |
| Innovation Test-Bed               | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
+-----------------------------------+---+--------------------------------+

**Motion for leave to file late-filed comments\
**

M2Z Networks, Inc. ("M2Z"), by its attorneys, hereby requests that the
National Telecommunications and Information Administration ("NTIA")
accept for filing the attached Comments, which were originally due on
July 10, 2006. As a company that proposes to operate a broadband system
allowing spectrum sharing between private and government users,[^1] M2Z
has a considerable interest in the outcome of NTIA's and the Federal
Communications Commission's efforts to establish a spectrum sharing
innovation test-bed.

There is good cause for this one-day delay, as key company personnel
were unable to provide needed input concerning M2Z's comments prior to
yesterday's deadline. At the same time, there is no prejudice to any
party from this one-day delay. Public interest would thus be served by
accepting the comments and considering M2Z's unique perspective.

For the forgoing reasons, M2Z requests that NTIA accept the attached
late-filed comments.

Respectfully submitted,

[/s/]{.underline}

Pantelis Michalopoulos

Brendan Kasper

Petra Vorwig

Steptoe & Johnson LLP

> 1330 Connecticut Avenue, NW

Washington, DC 20036\
(202) 429-3000

*Counsel for M2Z Networks, Inc.*

July 11, 2006

**Before the**

**Department of Commerce**

**National Telecommunications and Information Administration**

**1401 Constitution Avenue, NW**

**Washington, D.C. 20230**

+-----------------------------------+---+--------------------------------+
| In the Matter of                  | ) | Docket No. 060602142-6142-01   |
|                                   |   |                                |
| The President's Spectrum Policy   | ) |                                |
|                                   | \ |                                |
| Initiative Spectrum Sharing       | ) |                                |
|                                   | \ |                                |
| Innovation Test-Bed               | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
+-----------------------------------+---+--------------------------------+

To: Office of the Chief Counsel

**COMMENTS OF**

**M2Z NETWORKS, INC.**

+-------------------------------------+--------------------------------+
| Uzoma C. Onyeije                    | Pantelis Michalopoulos         |
|                                     |                                |
| Vice President Regulatory Affairs   | Brendan Kasper                 |
|                                     |                                |
| M2Z Networks, Inc.                  | Petra Vorwig                   |
|                                     |                                |
| 2000 North 14^th^ Street            | Steptoe & Johnson LLP          |
|                                     |                                |
| Suite 600                           | 1330 Connecticut Avenue, NW    |
|                                     |                                |
| Arlington, VA 22201                 | Washington, DC 20036\          |
|                                     | (202) 429-3000                 |
+-------------------------------------+--------------------------------+

**TABLE OF CONTENTS**

[I. INTRODUCTION AND SUMMARY 1](#introduction-and-summary)

[II. M2Z'S SYSTEM CAN SERVE AS AN ECOSYSTEM FOR TESTING OF SAME-SYSTEM
SHARING CAPABILITIES
5](#m2zs-system-can-serve-as-an-ecosystem-for-testing-of-same-system-sharing-capabilities)

[III. NTIA AND THE COMMISSION HAVE AT THEIR DISPOSAL SEVERAL FREQUENCY
BANDS THAT ARE SUITABLE FOR EXPERIMENTS THAT INVOLVE SPECTRUM SHARING
AMONG DISPARATE SYSTEMS
8](#ntia-and-the-commission-have-at-their-disposal-several-frequency-bands-that-are-suitable-for-experiments-that-involve-spectrum-sharing-among-disparate-systems)

[A. AWS Spectrum Blocks 10](#aws-spectrum-blocks)

[B. 3650-3700 MHz Band 11](#mhz-band)

[C. Unused Broadcast Spectrum 11](#unused-broadcast-spectrum)

[IV. CONCLUSION 12](#conclusion)

**Before the**

**Department of Commerce**

**National Telecommunications and Information Administration**

**1401 Constitution Avenue, NW**

**Washington, D.C. 20230**

+-----------------------------------+---+--------------------------------+
| In the Matter of                  | ) | Docket No. 060602142-6142-01   |
|                                   |   |                                |
| The President's Spectrum Policy   | ) |                                |
|                                   | \ |                                |
| Initiative Spectrum Sharing       | ) |                                |
|                                   | \ |                                |
| Innovation Test-Bed               | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
|                                   | \ |                                |
|                                   | ) |                                |
+-----------------------------------+---+--------------------------------+

**COMMENTS OF**

**M2Z NETWORKS, INC.**

M2Z Networks, Inc. ("M2Z") submits these comments concerning the
spectrum test-bed proposed by the National Telecommunications and
Information Administration ("NTIA")[^2] and the Federal Communications
Commission ("Commission") to, among other things, express its desire to
work cooperatively to promote the success of the test-bed.

# INTRODUCTION AND SUMMARY

The test-bed is designed to "seek to evaluate innovative methods for
spectrum sharing among disparate users to enable more intensive use of
the finite radio spectrum."[^3] M2Z applauds that effort, and focuses
its comments primarily on certain questions raised by NTIA: what
"candidate frequency bands should be used" in the test-bed;[^4] what
"metrics should be used in evaluating the results" of the test-bed;[^5]
and how well the proposed technology or service achieves the goal of the
test-bed and explores creative and original concepts in spectrum
sharing.[^6]

As outlined below, M2Z proposes the following framework for the
above-mentioned areas of inquiry:

-   M2Z's proposed system, once licensed and deployed at 2155-2175 MHz,
    will provide a sustainable ecosystem of advanced technologies in
    large scale commercial deployment for testing same-system sharing
    among federal and private users;

-   to the extent other systems become operational in other frequency
    bands, these systems too can serve as platforms for exploring
    same-system sharing;

-   several spectrum bands are suitable for exploring sharing of the
    same spectrum among disparate systems. Thus, the 2155-2175 MHz band
    should not be part of the test-bed before M2Z's proposed system is
    licensed and deployed;

-   the Commission and NTIA should take precautions to safeguard any
    proprietary information and protect system operators from liability
    towards third parties; and

-   the goals of testing same-system sharing, as well as the metrics of
    success for such experiments, are to achieve spectrum efficiency by
    using the same system to address the disparate needs of federal and
    private users, interoperability (a priority of the public safety
    community that M2Z is relentlessly focused on fulfilling), high
    system security (an important priority for defense and homeland
    security users of the spectrum), rapid system deployment, IP
    protocol use, and a commercial system that increases competition.
    M2Z's proposed system satisfies all of these criteria.

M2Z recently applied to the Commission to use fallow AWS spectrum at
2155-2175 MHz to provide a free national wireless broadband service.[^7]
M2Z also plans to use the same method to provide a free national
secondary data network to public safety users.[^8] M2Z was created, in
large part, to meet our country's great and dire need for a national
broadband solution that utilizes radio spectrum in an intensive and
innovative manner in order to promote broadband access and
facilities-based competition. As indicated in M2Z's application, its
proposal will stimulate the economy, fuel global competitiveness,
strengthen universal service, and promote the public interest by
creating a competitive and highly affordable broadband service.
Additionally, M2Z's system is designed to use spectrally efficient
technologies in order to ensure that disparate groups, in particular
consumers and public safety entities, can efficiently and effectively
share the band. Indeed, M2Z's proposal is entirely consistent with the
Commission's December 2005 Report to Congress that acknowledges the need
for dual-use commercial networks that can take advantage of their
economies of scale to better meet the needs of the public safety
community.[^9]

The goals underlying the President's call for the test-bed coincide with
the goals of M2Z. For that reason, M2Z stands ready to support this
important effort by its willingness to use private sector funding to
build a large, scaleable broadband network that provides public safety
an affordable and interoperable broadband network. Given its
dual-purpose capability, M2Z's network can also be used by a wide range
of other government users such as homeland security and federal
transportation that have not been heretofore addressed by commercial
networks.

As the 2004 Report of the Department of Commerce has made clear, the
goal of ensuring better spectrum sharing between the government and the
private sector is a dual-pronged endeavor, consisting of two main
categories: (1) "asymmetric" sharing -- use of the same spectrum between
different services provided on different systems; and (2) "same-system
sharing" -- use of the same *system* by different users with different
needs.[^10] M2Z's dual commercial/public safety system proposal is an
example of same-system sharing. M2Z's system, however, can also
accommodate a wide range of government uses beyond public safety because
the system can be configured to avoid any compromise of sensitive
government information.

M2Z's proposed network can serve as a real and concrete test-bed that
achieves a key component of the Commission's and NTIA's objectives.
M2Z's network, if deployed quickly, can demonstrate the benefits and
necessary operational designs to make effective use of same-system
sharing. While waiting for the expeditious grant of its application, M2Z
is prepared to engage in a constructive dialogue with the Commission,
NTIA and other governmental spectrum users, at the federal, state and
local level, to develop operational hypotheses and requirements to be
tested on its network. Such a dialogue would extend the government
benefits of M2Z's system well beyond public safety.

M2Z's system, however, is merely part of a wide ranging inquiry and it
need not be the exclusive platform for testing this type of sharing. To
the extent other broadband service proponents deploy systems in other
areas of the spectrum, including the Wireless Communications Service
("WCS") band, the Broadcast Radio Service ("BRS") band, the paired AWS
spectrum at 1915-1920/1995-2000 MHz ("H Block") and 2020-2025/2175-2180
MHz ("J Block"), the Ancillary Terrestrial Component ("ATC") within the
Mobile Satellite Service ("MSS") band, or the 3.6 GHz band, these
systems too could serve as platforms for this type of experimentation.

Given the fact that M2Z's proposed service offering will provide a
valuable platform for same-system sharing and the fact that M2Z has made
unprecedented commitments in its application to further the public
interest by building a very affordable broadband IP network in the
2155-2175 MHz band,[^11] M2Z believes that both common sense and equity
require that 2155-2175 band not be considered for test-bed purposes
until after M2Z's license application has been duly considered and
granted by the Commission.

The test-bed initiatives focusing on asymmetric sharing \-- different
systems on the same spectrum \-- certainly need not wait for the
pendency of M2Z's application as there are other spectrum bands
available that are more suitable for those considerations. These bands
include the 3650-3700 MHz band, the H and J Blocks of AWS spectrum, and
the unused broadcast spectrum more commonly known as "white spaces."

# M2Z'S SYSTEM CAN SERVE AS AN ECOSYSTEM FOR TESTING OF SAME-SYSTEM SHARING CAPABILITIES 

As stated above, Commerce's overarching goal to "explore the real-world
potential of increased technical cooperation between government and
industry"[^12] can be served in two ways \-- asymmetric sharing between
different services using different systems, and same-system
sharing.[^13] M2Z's proposed system is an ideal platform to experiment
with uses that belong to the second category, for a simple reason: it is
designed from the outset as a platform for shared use by consumers and
an important contingent of government users \-- the public safety
community. The President's Initiative, as outlined in his 2004 Spectrum
Policy Memorandum, would benefit from the ability to test this type of
sharing and explore the broadening of the government uses of M2Z's
proposed system beyond public safety.[^14] To that end, M2Z is prepared
to engage in constructive dialogue with the NTIA and other
representatives of the government spectrum user community to mold
specific experiments on its system. M2Z is confident that such
experiments would usefully evaluate the feasibility of sharing wireless
systems between the private sector and federal users beyond the public
safety community. To the extent that such experiments call for the
exchange of sensitive information, NTIA should take appropriate
precautions to safeguard proprietary information and to protect system
operators and other participants from liability to third parties.

Through its application, M2Z seeks to use underdeveloped AWS spectrum at
2155-2175 MHz \-- for which there are no service rules or timetable for
deploying any particular type of service \-- in order to provide a free
national wireless broadband service.  Using this same network, M2Z also
plans to provide a free national secondary data network to first
responders.[^15] In addition, M2Z's partner PacketHop will offer
advanced subscription services to public safety users on M2Z's network
enabling them to create infrastructureless high speed local area mesh
networks. Specifically, through PacketHop's software applications, M2Z's
user equipment can be transformed into a mesh network capable of
operating when physical base stations are not available or as a means of
extending the system's operational area. Thus, M2Z's network will
achieve *interoperability* and *survivability* \-- the top priorities
for public safety communications, as described by the Commission in its
December 19, 2005 Report to Congress.[^16] Moreover, it will do so by
using some of the methods noted with approval by the Commission and
others \-- wireless mesh networking, cognitive radios, and TDD
technology.[^17]

The system proposed by M2Z is equally capable of accommodating a wide
variety of government users beyond public safety \-- ranging from
national and homeland security to federal transportation infrastructure
and science.[^18] The system may be reconfigured to experiment with
varying operational and security needs of interested government
entities. This will permit a relentless focus on one of the concerns
that have been voiced by certain government users in connection with
government/private system sharing \-- security of sensitive
information.[^19]

Thus, M2Z's system can soon become a hotbed for *real-world* and
*scaleable* same-system sharing, and serve as one of the practical
elements of the test-bed initiative. The M2Z system squares exactly with
the President's mandate to Commerce to "develop policy tools to
streamline the deployment of new and expanded services and technologies,
while preserving national security, homeland security, and public
safety, and encouraging scientific research; and . . . \[to\] develop
means to address the critical spectrum needs of national security,
homeland security, public safety, federal transportation infrastructure
and science."[^20] It can be a valuable platform for furthering a
variety of recommendations included in Commerce's report on state and
local government and private entity spectrum use: that NTIA and the
Commission "develop improved approaches for assessing the potential
impact of emerging technologies and expanded services in a timely
manner. . . . \[including\] the identification of . . . expanded
opportunities for government/industry cooperation;"[^21] and that NTIA
develop "demonstration programs to test the operational and cost
effectiveness of sharing spectrum and communications infrastructure
between federal, state and/or local governments and private users."[^22]
All in all, once deployed, M2Z's system promises to be a win-win for
government and private spectrum users alike.[^23]

# NTIA AND THE COMMISSION HAVE AT THEIR DISPOSAL SEVERAL FREQUENCY BANDS THAT ARE SUITABLE FOR EXPERIMENTS THAT INVOLVE SPECTRUM SHARING AMONG DISPARATE SYSTEMS 

M2Z's proposal to use the 2155-2175 MHz band provides a concrete
opportunity to enhance consumer welfare and broadband competition while
demonstrating real-world spectrum sharing between commercial and
governmental users. However, M2Z's system need not be alone in this
effort as there are other proposed and nascent broadband networks \--
including but not limited to BRS, WCS, lower 700 MHz, and MSS/ATC \--
that could also be used in a similar fashion to provide the Commission
and NTIA input into the test-bed initiative.

Moreover, test-bed initiatives looking into spectrum sharing for
asymmetric services using different systems portend much longer
germination periods because of the complexity of the inquiries that
precede any test-bed results (at a minimum, one would need to establish
which two types of systems need to be tested, thereby doubling the
length and complexity of the inquiry itself). Given the unprecedented
benefits that accrue to the public interest from M2Z's use of the
2155-2175 MHz band and holding true to the Commission's mission to
encourage "affordable access to robust and reliable broadband products
and services,"[^24] M2Z urges the Commission to avoid assigning test-bed
initiatives to the 2155-2175 band during the pendency of M2Z's
application. Fortunately, no harm will result from making this reasoned
choice as there are a number of suitable frequency bands that are
excellent candidates for this kind of spectrum sharing experiment *and*
do not raise similar concerns.[^25]

Additional AWS spectrum blocks and the 3650-3700 MHz band are lightly
developed and would not subvert any near term spectrum sharing or
broadband deployment opportunities. In addition, unused broadcast
spectrum bands are also good candidates for designation as a spectrum
sharing test-bed. The benefits of these suggested bands for testing
spectrum sharing techniques are discussed below.

## AWS Spectrum Blocks

The paired AWS spectrum at 1915-1920/1995-2000 MHz is an excellent home
for testing spectrum sharing techniques among asymmetric services. The
band is relatively clear of incumbent users.[^26] It is in the range of
frequencies whose propagation characteristics lend themselves to
numerous fixed and mobile uses.[^27] Finally, as there are no immediate
plans or proposals to license these AWS bands, using them as a test-bed
for spectrum sharing techniques for several years would not deter any
near-term opportunities to deploy broadband services or spectrum sharing
projects.[^28] Notably, this band is highly suitable for testing
coexistence between large scale commercial and new technologies,
including Time Division Duplex ("TDD") and Frequency Division Duplex
("FDD") technologies since Personal Communications Service ("PCS")
providers are operating FDD systems in an adjacent band.[^29] Similarly,
the 2020-2025/2175-2180 MHZ block spectrum, which is adjacent to the S
band MSS/ATC spectrum, would be an ideal band for testing cooperative
sharing of terrestrial systems through cognitive radio technologies and
dynamic frequency selection ("DFS") technologies operating in these
bands.

## 3650-3700 MHz Band

The 3650-3700 MHz band would also be a suitable location for such
experiments. This spectrum is subject to non-exclusive nationwide
licensing and is allocated to fixed and mobile services.[^30] The
minimal and streamlined licensing rules established for this band are
designed to encourage multiple entrants and to stimulate the rapid
expansion of broadband Internet providers.[^31] Thus, the regulations
already allow for rapid implementation and productive use of the
spectrum test-bed for the purpose of exploring asymmetric sharing.[^32]

## Unused Broadcast Spectrum

Unused television spectrum below 1 GHz \-- the so-called white spaces
\-- would also be well suited for use as a test-bed for spectrum sharing
techniques. Congress is cognizant that broadcast spectrum is lying, and
will continue to lie, fallow.[^33] Lying below 1 GHz, this spectrum has
excellent propagation characteristics. In addition, establishing a
spectrum sharing test-bed in unused television spectrum is unlikely to
block the provision of any planned broadband service or efforts to
implement real world spectrum sharing.[^34]

# Conclusion

M2Z's proposed system can serve as a vibrant ecosystem of technologies
that can provide a valuable platform to the Commission and NTIA to test
how advanced technologies can be used to achieve seamless and secure
same-system sharing among government and private/commercial users. M2Z
urges the Commission and NTIA to consider its proposal for a nationwide
broadband wireless service as a critical component of its test-bed
initiative. During the pendency of M2Z's application, the Commission
should avoid considering the 2155-2175 MHz band for test-bed exercises
as there are other frequency bands that are more suitable.

> Respectfully submitted,
>
> [/s/]{.underline}

+-------------------------------------+--------------------------------+
| Uzoma C. Onyeije                    | Pantelis Michalopoulos         |
|                                     |                                |
| Vice President Regulatory Affairs   | Brendan Kasper                 |
|                                     |                                |
| M2Z Networks, Inc.                  | Petra Vorwig                   |
|                                     |                                |
| 2000 North 14^th^ Street            | Steptoe & Johnson LLP          |
|                                     |                                |
| Suite 600                           | 1330 Connecticut Avenue, NW    |
|                                     |                                |
| Arlington, VA 22201                 | Washington, DC 20036\          |
|                                     | (202) 429-3000                 |
|                                     |                                |
|                                     | *Counsel for M2Z Networks,     |
|                                     | Inc*.                          |
+-------------------------------------+--------------------------------+

July 11, 2006

[^1]: *See* M2Z Networks, Inc., *Application for License and Authority
    to Provide National Broadband Radio Service in the 2155-2175 MHz
    Band* (filed May 5, 2006).

[^2]: *See* *The President's Spectrum Policy Initiative Spectrum Sharing
    Innovation Test-Bed*, Notice of Inquiry, 71 Fed. Reg. 33282 (June 8,
    2006) ("Notice of Inquiry"). Simultaneous with these comments, M2Z
    will file a response to the Commission's Public Notice in its Public
    Spectrum Sharing Innovation Test-bed proceeding, FCC 06-77 (rel.
    Jun. 8, 2006) ("Public Notice").

[^3]: Public Notice at 1.

[^4]: Notice of Inquiry at 33283.

[^5]: *Id.* at 33284.

[^6]: *Id.*

[^7]: *See* M2Z Networks, Inc., *Application for License and Authority
    to Provide National Broadband Radio Service in the 2155-2175 MHz
    Band* (filed May 5, 2006) ("M2Z Application"). In its application,
    M2Z committed to: (1) provide a free nationwide broadband service;
    (2) construct its network so that at least 95% of the U.S.
    population can receive service within 10 years of license grant; (3)
    block access to indecent content for all free access service users;
    (4) provide public safety officials with access to an interoperable
    secondary data network; and (5) submit a voluntary payment to the
    U.S. Treasury of 5% of gross revenues generated from its
    subscription services. *See id.* at 4.

[^8]: *See id.* at 24-26; Appendix 4.

[^9]: *See Report to Congress on the Study to Assess Short-Term and
    Long-Term Needs for Allocations of Additional Portions of the
    Electromagnetic Spectrum for Federal, State and Local Emergency
    Response Providers*, 2005 FCC Lexis 6907, \*57-8 (Dec. 19, 2005)
    ("Report to Congress").

[^10]: *See e.g.,* Department of Commerce, Spectrum Policy for the
    21^st^ Century -- The President's Spectrum Policy Initiative: Report
    2, at 25-26 (June 2004) ("DOC State and Local Report") (recommending
    the creation of "demonstration programs to test the operational and
    cost effectiveness of sharing spectrum and *communications
    infrastructure* between federal, state and/or local governments and
    private users") (emphasis added).

[^11]: *See* M2Z Application at 22-26.

[^12]: DOC State and Local Report at 23.

[^13]: *See e.g.,* *Id.* at 25-26 (recommending the creation of
    "demonstration programs to test the operational and cost
    effectiveness of sharing spectrum and *communications
    infrastructure* between federal, state and/or local governments and
    private users") (emphasis added).

[^14]: *See* Presidential Memorandum on Spectrum Policy for the 21^st^
    Century, 69 Fed. Reg. 1568 (Jan. 9, 2004) ("Presidential
    Memorandum").

[^15]: *See* M2Z Application at 24-26; Appendix 4.

[^16]: *See* Report to Congress at \*33.

[^17]: *Id.*, Appendix B.

[^18]: *See* Presidential Memorandum at 1569 (requiring Commerce to
    "develop means to address the critical spectrum needs of national
    security, homeland security, public safety, Federal transportation
    infrastructure, and science").

[^19]: *See* Defense Information Systems Agency, Wireless Security
    Technical Implementation Guide, at 1 (Oct. 31, 2005) ("Use of
    wireless technologies can improve productivity of \[Department of
    Defense ("DOD")\] employees; however, wireless systems and handheld
    devices may also introduce security vulnerabilities, which, if left
    unmitigated, can expose government information systems to attack. In
    the last five years, there has been a dramatic evolution in wireless
    technologies, standards, and implementation practices. These changes
    impact the security of both wireless and wired networks. The pace of
    these changes is not expected to decrease for the foreseeable
    future, therefore solid security engineering practices and wireless
    network implementation policies are crucial to ensure that DOD
    wireless systems are deployed and operated in a secure manner."),
    *available at* http://iase.disa.mil/stigs/stig/\
    wireless-stig-v4r1.pdf.

[^20]: Presidential Memorandum at 1569.

[^21]: DOC State and Local Report at 22-23.

[^22]: *Id.* at 25-26.

[^23]: M2Z notes that there very well may be other bands in which
    same-system sharing can be tested. For example, to the extent WCS
    operators deploy systems in the WCS band \-- 2305-2320 and 2345-2360
    MHz \-- these systems too could serve as a platform for same-system
    spectrum sharing techniques. The WCS band was auctioned in 1997.
    *See Amendment of the Commission's Rules to Establish Part 27, the
    Wireless Communications Service*, Report and Order, 12 FCC Rcd.
    10785 (1997). M2Z notes that a number of WCS licensees filed
    requests to extend the deadline for complying with the substantial
    service requirement by three years to July 21, 2010. *See*
    *Consolidated Request for Limited Extension of Deadline for
    Establishing WCS Compliance with Section 27.14 Substantial Service
    Requirement*, WT Docket No. 06-102 (filed Mar. 22, 2006) (parties
    requesting the extension are AT&T, BellSouth, Comcast, NextWave
    Broadband, NTELOS, Sprint Nextel, Verizon, and WavTel). The WCS
    licensees have asserted in their requests that service has been slow
    to develop because of regulatory uncertainty over the operation of
    Digital Audio Radio Service terrestrial repeaters in adjacent bands.

[^24]: *See* http://www.fcc.gov/broadband.

[^25]: The Commission should also avoid selecting spectrum in a manner
    that deters new entry and allows incumbents to perpetuate their
    current dominance of the broadband services markets. The
    Commission's strategic goal for broadband is that "\[a\]ll Americans
    should have *affordable* access to robust and reliable broadband
    products and services." *See* http://www.fcc.gov/broadband (emphasis
    added). Further, Section 706 of the Telecommunications Act of 1996
    provides that the "Commission . . . shall encourage the deployment
    on a reasonable and timely basis of advanced telecommunications
    capability to all Americans . . . by utilizing, in a manner
    consistent with the public interest, convenience, and necessity,
    price cap regulation, regulatory forbearance, measures that promote
    competition in the local telecommunications market, or other
    regulating methods that remove barriers to infrastructure
    investment." 47 U.S.C. § 157 nt, Pub. L. No. 104-104, § 706(a), 110
    Stat. 153 (1996). Hampering new entry would be beneficial to
    incumbents, but would not be consistent with these mandates.

[^26]: *Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems,* Sixth Report and Order, Third
    Memorandum Opinion and Order, and Fifth Memorandum Opinion and
    Order, 19 FCC Rcd. 20720, ¶ 10 (rel. Sept. 22, 2004) ("Sixth Report
    and Order") (the Commission noted that "a search of \[its\]
    equipment authorization database has found no UPCS \[unlicensed
    Personal Communications Services\] equipment authorized for the
    1910-1920 MHz band").

[^27]: *See Redevelopment of Spectrum to Encourage Innovation in the Use
    of New Telecommunications Technologies*, First Report and Order and
    Third Notice of Proposed Rulemaking, 7 FCC Rcd. 6886, ¶¶ 15-17
    (1992).

[^28]: The Commission has issued a Notice of Proposed Rulemaking
    requesting comment on possible service rules for these bands and
    comments have been filed, but the Commission has not yet published
    an order. *See Service Rules for Advanced Wireless Services in the
    1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz
    Bands*, Notice of Proposed Rulemaking, 19 FCC Rcd. 19263 (rel. Sept.
    24, 2004).

[^29]: During the AWS proceeding, numerous PCS providers contended that
    intermodulation interference from H block operations could affect
    millions of Code Division Multiple Access ("CDMA") users on the PCS
    B block, and out-of-band-emissions and overload interference could
    impact millions of PCS users throughout the PCS A, B, C, D, E, and F
    blocks. *See* Joint Comments of Sprint Corporation and Verizon
    Wireless, WT Docket No. 04-356 and WT Docket No. 00-353, at 7-8
    (filed Dec. 8, 2004). Later in that proceeding, Sprint, Nextel and
    Verizon made a joint filing indicating that these problems could be
    alleviated. *See* Joint Reply Comments of Sprint Corporation,
    Verizon Wireless and Nextel Communications, WT Docket No. 04-356 and
    WT Docket No. 00-353, at 2 (filed Feb. 8, 2005). Thus, this band is
    ripe for these types of experiments to examine the extent to which
    the hypothesized initial concerns are warranted.

[^30]: *See Wireless Operations in the 3650-3700 MHz Band*, Report and
    Order and Memorandum Opinion and Order, 20 FCC Rcd. 6502 (2005).
    Government operation radios are protected in the 3650-3700 MHz
    band.  As such, the band provides an opportunity to evaluate
    government and private spectrum sharing as contemplated in the
    test-bed Public Notice.

[^31]: *See id*. at ¶ 1.

[^32]: *See* Public Notice at 4 (the Commission asks if it should
    conduct a rulemaking to specifically authorize various uses and
    frequency bands or use the experimental licensing program to
    implement the spectrum sharing test bed). Given that the report from
    the Commission and NTIA on the test-bed is due in June 2008, it is
    difficult to see how conducting a rulemaking would allow sufficient
    time to actually conduct experiments in the spectrum sharing
    test-bed. Using spectrum like the 3650-3700 MHz band is another way,
    in addition to experimental licenses, to move the spectrum sharing
    test-bed forward quickly.

[^33]: *See, e.g.*, S.2332 - American Broadband for Communities Act
    (introduced Feb. 17, 2006) (proposes using unused television
    spectrum in the band between 72 and 698 MHz for unlicensed devices
    including wireless broadband devices), H.R.5085 (introduced April 4,
    2006) (the House version of the "American Broadband for Communities
    Act").

[^34]: To the best of M2Z's knowledge, there are no imminently planned
    services in the unused television spectrum. The Commission opened a
    rulemaking on using this spectrum for unlicensed devices in 2004 but
    that proceeding is still pending. *See In the Matter of Unlicensed
    Operation in the TV Broadcast Bands; Additional Spectrum for
    Unlicensed Devices Below 900 MHz and in the 3 GHz Band*, Notice of
    Proposed Rulemaking, 19 FCC Rcd. 10018 (2004).