OLYMPIA J. SNOWE
MAINE
154 RUSSElL SENATE OFFICE BUILDING
(202) 224-5344
Web Site: http://sflowe.senate.go'l
DEPUTY WHIP
ilnitcd~tatfS~fnetf
WASHINGTON, DC 20510-1903
January 5, 2010
COMMITTEES:
COMMERCE. SCIENCE, AND
TRANSPORTATION
OCEANS, ATMOSPHERE, FISHERIES AND
COAST GUARD SUBCOMMITTEE
FINANCE
INTELLIGENCE
RANKING MEMBER, SMALL BUSINESS
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Chairman Genachowski:
As the FCC prepares to conclude its effort to develop a national broadband plan that will
be the blueprint to providing affordable, high-speed broadband to every American as well as
regaining our leadership in global broadband rankings, I wanted to write you about one ofthe
central topics that has emerged-spectrum policy. As one ofthe main sponsors ofS.649, the
Radio Spectrum Inventory Act, I completely agree that efficient spectrum use and effective
spectrum management are essential to achieving the long-term telecommunications needs and
goals ofthis nation. Improved mobility, access, productivity, public safety, and national security
are all tangible results ofwireless technology.
One ofthe more prominent issues involved in the FCC's examination ofspectrum policy
is broadcasters' use ofspectrum. While I don't disagree that all options should be on the table as
the Commission evaluates spectrum policy, it is imperative that the FCC first clear the table of
outstanding spectrum-related items that have lingered at the Commission before extensively
exploring other avenues. Concluding these unresolved items could dictate what additional steps
the FCC should investigate.
The Commission has several open rulemaking proceedings that appear ready for prompt
decisions that could enable the quick roll-out of significant additional spectrum to meet near-to 
midterm demand for additional commercial wireless broadband spectrum. These include:
• WCS band at 2305-2320 MHz and 2345-2360 MHz (WI Docket No. 07-293) - the
Commission has an open rulemaking to address possible interference issues between
WCS and SDARS. This issue has been before the FCC for over a decade. It appeared
the Commission was poised to act on a rulemaking late last year that would have adopted
final technical rules governing spectrum in the WCS band but no action was taken. This
lack ofresolution has needlessly delayed the deployment ofbroadband services by the
WCS community and therefore should be concluded.
• AWS-3 block spectrum at 2155-2175 MHz (WI Docket No. 07-195) - the FCC
designated this block for Advanced Wireless Services in 2005 and issued a Notice of
AUBURN
Two GREAT FALLS PLAZA
SUITE 78
AUBURN, ME 04210
(207)786-2451
AUGUSTA
40 WeSTERN AVENUE, SUITE 408C
AUGUSTA, ME 04330
(207) 622-8292
BANGOR
ONE CUMBERLAND PLACE, SUITE 306
BANGOR, ME 04401
{207l 945-0432
BIDDEFORD
227 MAIN STREET
BIDDEFORD, ME 04005
(207) 282-4144
PORTLAND
3 CANAL PLAZA, SUITE 601
PORTLAND, ME 04101
(207) 874-0883
MAINE RELAY SERVICE
TOO 1-955-3323
PRESQUE ISLE
169 ACADEMY STREET, SUITE 3
PRESQUE ISLE, ME 04769
(207) 764-5124
IN MAINE CALL TOLL-FREE 1-800-432-1599
PRINTED ON RECYCLED PAPER
0001
Proposed Rulemaking in 2007 to develop the service rules. Currently this block is
capable ofoperating either on an unpaired basis or as additional base-to-mobile spectrum
for the adjacent AWS-I band. Some parties advocate that it could be paired with
spectrum currently used by Federal agencies at 1755-1775 MHz, thereby expanding the
AWS-I band. The FCC should decide how it will proceed with this band-license now
unpaired or work with NTIA to possibly reallocate the 1755-1775 MHz band from
Federal to commercial use-so that parties can have greater certainty in moving forward
with the business and rollout plans.
• 700 MHz D block at 758-763 MHz and 788-793 MHz (WT Docket No. 06-150 and PS
Docket No. 06-229) - the FCC unsuccessfully attemptcd to auction this block in 2008 in
order to create a public/privatc partnership with the licensee ofthe adjaccnt public safety
broadband block to crcate a nationwide public safety broadband network. The FCC
sought comment on potential modifications to the D block rules in 2008, but has yet to
act. It goes without saying; this nation has for too long lacked a nationwide public safety
network so a decision by the Commission is long overdue on what option-whether it's
re-auction, direct allocation, or some other solution-it believes will be most viable for
resolving this deficiency.
• 2 GHz Mobile Satellite Service band at 2000-2020 MHz and 2180-2200 MHz (ET
Docket No. 00-258 and IB Docket No. 05-221) - the FCC initially authorized, in 2001,
eight new mobile satellite services (MSS) systems to use 70 MHz ofspcctrum in the 2
GHz band to enable state-of-the-art global and regional mobile satellite systems. In
2005, after several potential operators abandoned plans or failed to meet milestones, the
FCC determined that the two remaining operators would each receive 20 MHz of
spectrum. Although both operators have launched satellites in this band, neither is yet
offering service and one licensee is now in bankruptcy. Given that this spcctrum is
currently unused, the Commission may want to consider reallocating a portion ofthis
band (possibly up to 20 MHz) to terrestrial mobile uses.
• H block spectrum at 1915-1920 MHz and 1995-2000 MHz and J block spectrum at
2020-2025 MHz and 2175-2180 MHz (WT Docket No. 04-356) - in 2004, the FCC
designated these blocks for broadband and advanced wireless services and initiated a
rulemaking proceeding on service rules. The FCC subsequently issued a Further Notice
in 2008 to refresh the record but has yet to take action. The Commission should finalize
the service rules and then auction the spectrum.
To pursue what seems to be a predetermined path while proceedings such as these remain
unresolved is somewhat concerning and possibly premature-mainly given the limited technical
resources at the Commission. Thc five proceedings that I've highlighted relate to spectrum that
is currently unused or severely underutilized-approximately 100 MHz worth of spectrum. As
mentioned above, concluding these proceedings would provide a much quicker timc frame to
rolling out additional spectrum for commercial wireless broadband services.
But as you know, reallocation of spectrum alone will not solvc the problem of a looming
spectrum crisis. The solution will require a concerted effort by all decision makers and spectrum
users-commercial and government-that includes spectrum reallocation, technical innovation
such as MIMO, smart antennas, and cognitive radio, as well as robust spectrum management
policy, which includes spectrum reuse and sharing, and fiber backhaul investment.
I also believe executing a spectrum inventory of both commercial and government users,
as called for by S.649, is the necessary first step to develop a solid foundation on which a proper
spectrum policy framework can be constructed. Such inventory will provide more accurate and
detailed data on how spectrum is currently being used and by whom, which is the basis for sound
policy decisions. I am optimistic that our legislation will pass the Senate early this year.
Without question, this is an exciting time in wireless communications and broadband.
We're continuing to see significant advancements in wireless devices, applications, and
services-some ofwhich could not have been imagined a few years ago. I look forward to
working with you and the Commission on this critical issue.
cc: Commissioner Michael J. Copps
Commissioner Robe11 M. McDowell
Commissioner Mignon Clyburn
Commissioner Meredith Attwell Baker