Subject: [NEXTEL-1] UTAM, Inc. on Amendment of Part 2 of the Commission’s Rules to Allocate Spectrum Below 3GHz for Mobile and Fixed Services

From: Marcel <[email-masked]>
Date: Wed, 29 Jan 2003 00:11:00 -0500

January 27, 2003

Mr. Ed Thomas, Chief
Office of Engineering & Technology
Federal Communications Commission
425 Twelfth Street, SW
Washington, D.C. 20554

Re: Amendment of Part 2 of the Commission’s Rules to Allocate Spectrum Below 3
GHz for Mobile and Fixed Services, ET Docket 00-258; WT Docket 02-55, FCC
Docket Nos. RM-9498 and RM-10024

Dear Mr. Thomas:

UTAM, Inc. (“UTAM”) files this letter in support of a recent request by NEC America, Inc.
(“NEC America”)1 that the Commission issue a Report and Order conclusively resolving all
outstanding issues with respect to the 1915/16-1920 MHz band. As you know, the lower half
of
the 1910-1920 MHz band, which is currently used by asynchronous unlicensed personal
communications service (“UPCS”) devices, is subject to a number of competing proposals for

rule modifications. As an initial matter, UTAM itself is on record as supporting a
compromise
position, arrived at with UTStarCom, Inc. (“UTStarCom”), that would successfully permit
asynchronous UPCS, isochronous UPCS, and systems based on the Personal Handyphone
System (“PHS”) to share the 1910-1920 MHz band. UTAM continues to believe that the public
interest would be best served by adopting the UTAM/UTStarCom proposed rule changes.

A number of other proceedings, however, have implicated the lower portion of the 1910-1920

MHz band and thereby complicated needed spectrum relief for isochronous UPCS devices.
Specific ally, in ET Docket 00-258, certain Multipoint Distribution Service (“MDS”)
licensees
have sought to exchange their existing spectrum at 2150-2160 MHz for an allocation that
includes 1910-1916 MHz. Similarly, in WT Docket 02-55, Nextel Communications, Inc.

1 See NEC American Inc. Ex Parte Presentation, ET Docket 00-258 (filed Jan. 16, 2003).?Mr.
Ed Thomas, Chief

(“Nextel”), has sought to exchange certain spectrum holdings in the 700 and 800 MHz bands
for
an allocation that includes 1910-1915 MHz. UTAM is on record as opposing both of these
proposals.

While UTAM remains fundamentally opposed to any reallocation of the 1910-1915/16 MHz
band for licensed services, UTAM recognizes that the interrelationships among the various
proceedings have complicated and delayed the resolution of regulatory issues pertinent to
that
portion of the band. As NEC America has observed, however, the spectrum in the upper
asynchronous UPCS band—specifically the spectrum at 1916-1920 MHz—has not and is not
implicated by competing proposals. Indeed, the uncontroverted technical record before the
Commission demonstrates that 1916-1920 MHz should remain a guard band between the PCS
base and mobile transmit bands and cannot be used by licensed services.2 Thus, the only
proposal currently pending before the Commission for use of the 1916-1920 MHz band is the
consensus proposal between UTAM and UTStarCom, Inc.

As UTAM has explained in its prior pleadings in these dockets, additional spectrum is
currently
needed for isochronous UPCS devices. Around the country, numerous “hot spots” exist where
UPCS cannot be deployed—or the full benefits of UPCS cannot be achieved—due to a lack of
available spectrum for such operations. For example, in dense campus environments without
significant environmental shielding, UPCS voice systems can rapidly exhaust the channels
available at 1920-1930 MHz and reach saturation. Thus, permitting isochronous UPCS systems

to utilize even a portion of the 1910-1920 MHz band in the near term will have substantial
public
interest benefits.

UTAM strongly urges the FCC to adopt the proposal of NEC America to issue a prompt Report
and Order adopting the UTAM/UTStarCom proposed rule changes for the 1916-1920 MHz
band. Such action would be without prejudice to contemplated regulatory actions with
respect to
the 1910-1915/16 MHz bands—indeed, UTAM fully intends to continue advocating extension of
isochronous UPCS throughout the 1910-1920 MHz band.

Should any questions arise concerning this filing, please do not hesitate to contact the
undersigned at (908) 526-3636.

Respectfully yours,
/s/ Mike Stima
Mike Stima, President

UTAM, Inc.

cc: Julius Knapp, Deputy Chief, OET (via email)
Bruce Franca, Deputy Chief, OET (via email)
Lisa Gaisford, Chief of Staff, OET (via email)
Alan Scrime, Chief, Policy & Rules Division, OET (via email)
Ira Keltz, Deputy Chief, Policy & Rules Division, OET (via email)
Geraldine Matise, Deputy Chief, Policy & Rules Division, OET (via email)
Jamison Prime, Senior Attorney, Policy & Rules Division, OET (via email)
Anh T. Wride, Policy & Rules Division, OET (via email)
Karen Rackley, Chief, Technical Rules Branch, OET (via email)
Thomas Derenge, Chief, Spectrum Policy Branch, OET (via email)

http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6513405022

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