HL International Spectrum Review : Telecommunications Attorneys : Hogan Lovells Law Firm : Radio Spectrum News

Several members of the Hogan Lovells Technology, Media and Telecoms Practice attended the International CTIA Wireless 2012 conference this week. The annual conference is one of the leading wireless industry events, attracting carriers, vendors, policymakers, and other innovators and professionals from all over the world to discuss the latest developments and future of the global wireless marketplace.

Michele Farquhar, Ari Fitzgerald, Mark Brennan and Chris Termini all received a first-hand look at cutting-edge wireless technologies, including transformative remote patient monitoring, mobile financial services, and advanced wireless telematics. They also engaged with numerous industry leaders and regulators at the event, including FCC Commissioners and high-level staff, representatives from Congress and NTIA, and others. Some of the key legal issues discussed throughout the week included:

• Recent spectrum legislation and efforts to address make additional spectrum available for commercial use;
• The future evolution of networks, handsets, and applications;
• Wireless consumer protection initiatives;
• Broadband deployment and adoption; and
• Public safety and emergency communications.

Overall, the event provided a number of great insights for the road ahead in wireless technologies.   

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By AJ Burton in Washington, DC

In late March, NTIA released a report outlining the opening of the 1755-1850 MHz band for commercial use. In the report, the agency states that although the undertaking is estimated to cost $18 billion and take up to 10 years, it is “possible to repurpose all 95 megahertz of the band.” As NTIA Administrator Larry Strickling explained, “[t]here’s nothing in our report that would prevent phasing in the reallocation of this band.”

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Please join us on Friday, May 11, 2012, as we discuss the global telecoms and Internet landscape and current trends in the marketplace.*

Ambassador Philip Verveer, the United States Coordinator for International Communications & Information Policy, will be providing the keynote address (with an introduction by Vonya McCann, Sprint).

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by A.J. Burton in Washington, DC

Industry Canada has released its Policy and Technical Framework (Framework) for the upcoming auction of spectrum in the 700 and 2500 MHz bands. Notice of the publication was published in the Official Gazette on March 24, 2012.  Back in November, when Industry Canada was seeking comments for this framework, we wrote: “the issue of how much spectrum will be set aside for new[] entrants looms large.”  With its new framework, including a spectrum cap and a separate promise to relax foreign ownership restrictions, Industry Canada has left the door open for new entrants.  Industry Canada’s Framework also includes rules to promote rural broadband deployment and sets aside spectrum for public safety use. 

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The World Radiocommunication Conference finished in Geneva in mid-February, after four laborious weeks of debate among more than 3,000 participants from over 150 countries. Now the job comes of interpreting what was decided at the WRC-12 and how it affects different sectors. Participants and officials were looking at these issues in Brussels in the last few weeks.

On February 29, the Radio Spectrum Policy Group (RSPG) received a briefing in Brussels on the European perspective. Steve Bond, the Co-Chair of the CEPT Conference Preparatory Group (CPG) gave an overview of the results. The CEPT is the European Conference of Post and Telecoms, representing 48 European countries. It was responsible for preparing European Common Positions defended at WRC-12.  Bond said that the CEPT’s main objectives were met at the conference and its results also were in line with key EU interests.

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The Radio Spectrum Policy Programme, about which we have written several times, was officially published today, in the March 21 Official Journal of the European Union (OJ L 81/7, 21 March 2012).

Article 16 of the RSPP provides that it enters into force on the 20^th day after publication, hence April 10.  EU Member States must apply the policy orientations and objectives set out in the RSPP by July 1, 2015 unless otherwise specified, but the European Commission will immediately start to base policy initiatives on the decision.

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U.S. Congress Passes Incentive Auction and Public Safety Spectrum Legislation

By Alton Burton in Washington, DC

On February 17^th, Congress passed long-awaited spectrum legislation. The legislation gives the FCC authority to conduct voluntary incentive auctions of underutilized spectrum made available by its current holders for use in the provision of new services. The bill also opens some spectrum for unlicensed use, limits the FCC’s ability to exclude otherwise qualified bidders from participating in spectrum auctions (while allowing the FCC to issue rules of general applicability that could limit the amount of spectrum that may be held by any one entity to promote competition), and reallocates the 700 MHz D-Block for public safety use.

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The need to develop means of achieving more efficient spectrum use has led in recent years to a focus on cognitive radio system (CRS) technology. Also called "smart radio," "software defined radio," "dynamic access technology" and doubtless many other terms, one of the basic concepts is that the technology should allow more flexible and efficient spectrum use by identifying when frequencies are not in use by other applications, thus permitting the CRS devices to operate. We are seeing developments across the globe on this topic – which this entry briefly explores for the U.S., Europe and international perspective.

These developments and future potential for CRS will be explored at a conference coming up in Brussels, entitled "Towards an EU policy for Dynamic Spectrum Access." The event is scheduled for March 7, with a focus on shared spectrum access, key drivers for CRS use, and market and regulatory developments.

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On January 15, the European Parliament accepted on second reading the proposed Radio spectrum policy programme (RSPP), designed to set EU strategy for radio spectrum management up to the year 2015.*

It remains for the PSPP to be officially signed, finalized for publication in the EU Official Journal, and to become effective 20 days later.

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A draft bill circulated by Rep. Ed Markey (D-Mass) would require the Federal Trade Commission (FTC) to adopt regulations addressing monitoring software installed on mobile devices.  The bill stems from media reports last year regarding Carrier IQ's monitoring software, which is installed on millions of mobile devices.  If enacted, the Mobile Device Privacy Act would result in new obligations for wireless service providers, equipment manufacturers, device retailers, operating system providers, website operators, and other online service providers, underscoring both the number of industry segments involved and the complexity of addressing privacy concerns in today's mobile ecosystem.

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By Chris Termini in Washington, DC

There have been several recent developments concerning the VHF narrowband transition mandated by the FCC.  On January 5, 2012, the Commission issued a release reminding the public that less than one year remains before land mobile radio licensees in the 150-174 MHz and 421-512 MHz bands must migrate to narrowband technology.  The public notice follows from a similar reminder the FCC issued to the public on July 13, 2011 that included guidance on how licensees can file requests for waiver from the narrowband rules.

Additionally, on January 27, 2012, the Commission released a public notice seeking comment on petitions filed by 21 different entities all seeking waiver from the narrowband requirements.  The FCC has posted each petition on its website in WT Docket 99-87.  Comments are due on February 10, 2012, and reply comments will be due on February 17, 2012.  Previously, the Commission has sought public comment on narrowband waiver requests in two instances.

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The World Radiocommunication Conference (WRC-12) commenced this week in Geneva, Switzerland, after lengthy preparations in all corners of the world. The International Telecommunication Union (ITU) organizes the event, which will run for four weeks. WRC-12 is designed to amend the ITU radio regulations, adopt resolutions and recommendations, and generally set the rules for international use of radio frequencies.

The ITU has sponsored a series of presentations by different industry sectors that use spectrum to summarize their position at WRC-12. Broadcasters were represented by an article posted just before the conference began, by Christoph Dosch, Institut für Rundfunktechnik (the German institute IRT) and David Wood, European Broadcasting Union (the EBU, also based in Geneva). Their presentation is entitled “Broadcast: Radio spectrum needs for changing lives.”

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Given the explosion in wireless services, applications, content and devices, spectrum policy has never been more important in the US than it is today. Since September 2010, there have been a number of significant spectrum policy developments that affect wireless operators, content and application developers and equipment manufacturers. This article discusses these policy developments in detail, from Net Neutrality to Incentive Auction legislation, from Mobile Satellite Service spectrum flexibility to TV White Spaces, and includes background on various proceedings to provide context.

Ari Fitzgerald, a partner in Hogan Lovells’ telecommunications practice, authored the article for Practising Law Institute’s 29th Annual Telecommunications Policy & Regulation Institute publication in December 2011, with contributions from the following telecommunications lawyers at Hogan Lovells LLP: Michele Farquhar, a partner; and associates Mark Brennan, Chris Termini and Aaron George.

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By Gerry Oberst in Brussels and Daniel Smith in London

Ofcom recently published its second and final consultation on the upcoming award of 800 MHz and 2.6 GHz spectrum intended for 4G services in the UK. The spectrum will be made available in 2013 largely as a result of the switchover from analogue to digital TV. The award will be the largest to date and the new spectrum, equivalent to three quarters of the total spectrum in use today, will allow mobile network operators to provide new and faster mobile services to consumers.

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