Subject: [NEXTEL-1] Spectrum cap question

From: "dcmeplease <[email-masked]>" <[email-masked]>
Date: Mon, 20 Jan 2003 16:43:50 -0000

When is the spectrum cap official over? TIA

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From: Marcel <[email-masked]>
Date: Mon, 20 Jan 2003 21:24:11 -0500

FCC ANNOUNCES WIRELESS SPECTRUM CAP
TO SUNSET EFFECTIVE JANUARY 1, 2003

As we all know the spectrum cap has failed to spur the "Consolidation" that was expected
to occur. IF you notice carriers have been more inclined to "Spectrum Swaps" rather
acquire new spectrum. VZ & Cingular and others have acquired spectrum in smaller markets
over the past year but the impact on the industry has been minimal. I guess it's time to
start the quarterly nextel buyout rumours ....zzzzzzzzzzzzzzzzzzzz

===================================================================================
FCC ANNOUNCES WIRELESS SPECTRUM CAP
TO SUNSET EFFECTIVE JANUARY 1, 2003

Washington, D.C. – The Federal Communications Commission (FCC) has completed its
reexamination of the Commercial Mobile Radio Services (CMRS) spectrum cap and cellular
cross-interest
rules as part of its year 2000 biennial review. The FCC announced that it will: (1) sunset
the
CMRS spectrum cap rule by eliminating it effective January 1, 2003; (2) raise the cap
immediately to 55
MHz in all markets until the sunset date; and (3) immediately eliminate the cellular
cross-interest rule in
Metropolitan Statistical Areas (MSAs), but retain the rule in Rural Service Areas (RSAs).
The spectrum cap rule restricts the amount of broadband CMRS spectrum an entity can hold
in a
particular geographic area. The rule applies to licensed broadband Personal Communications
Service
(PCS), cellular, or Specialized Mobile Radio (SMR) spectrum. Prior to today’s actions, no
entity could
have an attributable interest in more than 45 MHz (or 55 MHz in rural areas) of licensed
broadband PCS,
cellular, or SMR spectrum with significant overlap in any geographic area. The
cross-interest rule limits
the ability of an entity to have ownership or other attributable interests in cellular
licensees on different
channel blocks in an overlapping geographic area.

Specifics of Today’s Actions:

The FCC will sunset the spectrum cap rule effective January 1, 2003. The transition period

between now and the sunset date will afford an opportunity for the markets to prepare for
the FCC’s shift
from an inflexible spectrum cap rule to reliance on case-by-case review of CMRS spectrum
aggregation.
The transition period will also permit the FCC to consider what guidelines, procedures and
resources may
be necessary for the FCC to perform case-by-case review of transactions involving
transfers of control of
CMRS spectrum in an effective and timely manner. The FCC raised the spectrum cap to 55 MHz
in all
markets during the transition period. This change is intended to address certain carriers’
concerns about
near-term spectrum capacity constraints in the most constrained urban areas.

The FCC eliminated the cellular cross-interest rule in MSAs in recognition that the
cellular
carriers in these areas no longer enjoy significant first-mover advantages. The FCC
retained the cellular
cross-interest rule in RSAs because cellular incumbents generally continue to dominate the
market in
those areas. However, the FCC noted it will entertain – and be inclined to grant - waivers
of the rule for
those RSAs that exhibit market conditions under which cellular cross-interests may also be
permissible
without significant likelihood of substantial competitive harm. The cellular
cross-interest rule in RSAs
will be reassessed as part of the FCC’s 2002 biennial review.

Action by the Commission November 8, 2001, by Report and Order (FCC 01-328). Chairman
Powell,
Commissioners Abernathy and Martin with Commissioner Copps dissenting and issuing a
separate
statement.

http://www.fcc.gov/Bureaus/Wireless/News_Releases/1999/nrwl9041.html

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-328A1.pdf

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-217577A1.pdf

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From: Marcel <[email-masked]>
Date: Mon, 20 Jan 2003 21:24:11 -0500

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From: Marcel <[email-masked]>
Date: Tue, 21 Jan 2003 14:29:57 -0500

Released:  01/21/2003.  NORTHCOAST COMMUNICATIONS, LLC AND CELLCO PARTNERSHIP D/B/A
VERIZON WIRELESS SEEK FCC CONSENT FOR ASSIGNMENT OF 50 BROADBAND PERSONAL COMMUNICATION
SERVICES LICENSES. (DA No.  03-172). (Dkt No 03-19)  Petitions Due: 02/20/2003;
Oppositions Due: 03/03/2003. Comments Due:  02/20/2003. Reply Comments Due:  03/10/2003.
WTB. Contact:  Lauren Kravetz Patrich or Erin McGrath at (202) 418-7240 or Rita Cookmeyer
at (202) 418-0660 <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-172A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-172A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-172A1.txt>

Marcel wrote:

> As we all know the spectrum cap has failed to spur the "Consolidation" that was expected to
> occur. IF you notice carriers have been more inclined to "Spectrum Swaps" rather acquire new
> spectrum. VZ & Cingular and others have acquired spectrum in smaller markets over the past
> year but the impact on the industry has been minimal.