council member biographies – michael senkowski and tom dombrowksy
Post on 31-Dec-2015
14 Views
Preview:
DESCRIPTION
TRANSCRIPT
Page 1
GLG Institute Presentation: 700 MHz Spectrum
September 15, 2007
New York
Page 2
GLG InstituteSM
Professional Education on Anything. Anywhere.
Council Member Biographies – Michael Senkowski and Tom Dombrowksy
R. Michael Senkowski is Partner and Chair of the Telecommunications Practice Group at Wiley Rein in Washington, DC. He has handled several hundred telecommunications transactions ranging from small deals to five of the l
argest telecom mergers in history. Mr. Senkowski has engaged in virtually all aspects of telephony issues resulting from the Telecommunications Act of 1996. He is an expert in spectrum allocation and wireless policy issues for both service providers and manufacturers. Mr. Senkowski has held several positions at the Federal Communications Commission (FCC), including Chief of Staff (Office of the Chairman); Legal Advisor for Telephony, International and Adjudicatory Matters; and Acting Deputy Chief (Office of the General Counsel). He was appointed by the U.S. State Department to serve as the U.S. Representative on the International Telecommunications Satellite Organization Panel of Legal Experts in 2002. Based on the recommendations of his clients and peers, Mr. Senkowski has been named one of the "The Best Lawyers in America" in communications law and also has received top honors in the 2005 International Who's Who of Business Lawyers for his experience in the international communications arena. Mr. Senkowski holds a BS from Yale University and a JD from the George Washington University Law School.
Tom Dombrowsky is Engineering Advisor at Wiley Rein in Washington, DC, where he has extensive experience with wireless technology and licensing matters, particularly involving mobile radio and microwave communications. He has specific expertise with the Federal Communications Commission’s auction program. Mr. Dombrowsky has expert knowledge of rules governing commercial mobile radio services, including cellular, PCS, SMR and paging; represents a variety of wireless equipment manufacturers and carriers in FCC spectrum allocation proceedings including unlicensed spectrum (Wi-Fi), LMDS, 39 GHz, third generation wireless, MDS and other spectrum allocations; and in-depth expertise on government-mandated requirements for wireless equipment manufacturers and carriers including E911, CALEA, number portability, hearing aid compatibility and disabilities access (Section 255). Prior to joining Wiley Rein as an engineering consultant, he served as Chief of the Licensing and Technical Analysis and Broadband Branches of the Federal Communications Commission's Wireless Telecommunications Bureau. His speaking engagement includes “Current State of the Wireless Communication Industry” and “Wireless Market Opportunities: New Spectrum for New Devices.”
Page 3
GLG InstituteSM
Professional Education on Anything. Anywhere.
About GLG Institute
GLG Institute (GLGiSM) is a professional organization focused on educating business and investment professionals through in-person meetings. It is designed to revolutionize the professional education market by putting the power of programming into the hands of the GLG community.
GLGi hosts hundreds of Seminars worldwide each year.
GLGi clients receive two seats to all Seminars in all Practice Areas.
GLGi’s website enables clients to: Propose Seminar topics, agenda items and locations View and RSVP to scheduled and proposed Seminars Receive a daily briefing with new posts on your favorite tickers,
subject areas and from trusted Council Members Share Seminar details with colleagues or friends
Page 4
Gerson Lehrman Group Contacts
Andrew GordonSenior Vice President Gerson Lehrman Group850 Third Avenue, 9th FloorNew York, NY 10022212-984-3641agordon@glgrou.com
Christine RuaneSenior Product ManagerGerson Lehrman Group850 Third Avenue, 9th FloorNew York, NY 10022212-984-8505 cruane@glgroup.com
GLG InstituteSM
Professional Education on Anything. Anywhere.
Page 5
IMPORTANT GLG INSTITUTE DISCLAIMER – By making contact with this/these Council Members and participating in this event, you specifically acknowledge, understand and agree that you must not seek out material non-public or confidential information from Council Members. You understand and agree that the information and material provided by Council Members is provided for your own insight and educational purposes and may not be redistributed or displayed in any form without the prior written consent of Gerson Lehrman Group. You agree to keep the material provided by Council Members for this event and the business information of Gerson Lehrman Group, including information about Council Members, confidential until such information becomes known to the public generally and except to the extent that disclosure may be required by law, regulation or legal process. You must respect any agreements they may have and understand the Council Members may be constrained by obligations or agreements in their ability to consult on certain topics and answer certain questions. Please note that Council Members do not provide investment advice, nor do they provide professional opinions. Council Members who are lawyers do not provide legal advice and no attorney-client relationship is established from their participation in this project.
You acknowledge and agree that Gerson Lehrman Group does not screen and is not responsible for the content of materials produced by Council Members. You understand and agree that you will not hold Council Members or Gerson Lehrman Group liable for the accuracy or completeness of the information provided to you by the Council Members. You acknowledge and agree that Gerson Lehrman Group shall have no liability whatsoever arising from your attendance at the event or the actions or omissions of Council Members including, but not limited to claims by third parties relating to the actions or omissions of Council Members, and you agree to release Gerson Lehrman Group from any and all claims for lost profits and liabilities that result from your participation in this event or the information provided by Council Members, regardless of whether or not such liability arises is based in tort, contract, strict liability or otherwise. You acknowledge and agree that Gerson Lehrman Group shall not be liable for any incidental, consequential, punitive or special damages, or any other indirect damages, even if advised of the possibility of such damages arising from your attendance at the event or use of the information provided at this event.
GLG InstituteSM
Professional Education on Anything. Anywhere.
700 MHz Overview
Wiley Rein LLP
R. Michael Senkowski, Chair, Telecom Practice
Tom Dombrowsky, Engineering Consultant
Page 7
Agenda
• Overview of the 700 MHz band
• Status of FCC process
• Timing for FCC actions
• Technical overview of 700 MHz spectrum
• Critical issues to be resolved by the FCC
• Questions
Page 8
Why Is 700 MHz Spectrum Valued?
• 700 MHz spectrum encompasses the band 698 to 806 MHz.
• Propagation characteristics of the spectrum allows for less infrastructure to provide coverage (as compared to PCS or AWS).
• Physical characteristics of spectrum band allows for better building penetration, little effect from blockage (foliage, buildings, rain, etc.).
• Directly adjacent to cellular spectrum (824-849 MHz paired with 869-894 MHz), as cellular spectrum is reallocated broadcast TV spectrum.
Page 9
Spectrum Available for Mobile Services
• Commercial Mobile Radio Services have had 4 key spectrum bands assigned, for a total of 274 MHz of spectrum:
1. 50 MHz for cellular service in the 800 MHz band;2. 14 MHz for specialized mobile radio in the 800 MHz band (primarily
held by Sprint Nextel);3. 90 MHz for advanced wireless service (AWS) in the 1710-1755
MHz/2110-2155 MHz band; and4. 120 MHz for personal communications service (PCS) in the 1850-1990
MHz band.
• Once licensing is completed, the 700 MHz band will add 84 MHz of spectrum to this total (or increase the spectrum capacity by more than 30%).
Page 10
Valuations for Past AuctionsSpectrum Auction Dates $/MHz-pop Comments
PCS A, B
Auction 4
1994-5 0.52 First PCS auction
PCS C
Auction 5
1995-6 1.35 “NextWave” auction
PCS D, E, F
Auction 11
1996-7 0.33 10 MHz licenses, F block “set aside”
NextWave PCS Reauction
Auction 35
2000 4.00 Non-nationwide, cancelled due to litigation
Second NextWave PCS Reauction
Auction 58
2005 0.90 Non-nationwide
AWS
Auction 66
2006 0.53 90 MHz of spectrum
Page 11
Entities Showing Interest in 700 MHz• DirecTV• EchoStar• Google• Intel• Yahoo!• Skype• Verizon• AT&T• SpectrumCo (Comcast, Cox, Time Warner, Sprint Nextel)• MetroPCS• Leap Wireless• Alltel• US Cellular• Qualcomm• Aloha Partners• Rural cellular and telecom entities
Page 12
Converting Television Spectrum into Mobile Spectrum
• Congress established a “date certain” for all analog TV broadcasts to end on February 17, 2009.
• As of that date, all broadcast TV transmissions must be in a digital format.
• This transition from analog to digital allows for broadcast TV to utilize less wireless spectrum to provide the same video programming.
• The FCC therefore reallocated TV Channels 52 to 69 from broadcast TV to commercial wireless services—a total of 108 MHz of spectrum.
Page 13
Converting Television Spectrum into Mobile Spectrum (cont’d)
• By law, 24 MHz of this spectrum is to be set aside for public safety use; 24 MHz of this spectrum has previously been auctioned for commercial wireless services.
• Congress has required the remaining 60 MHz of 700 MHz spectrum be auctioned, with the auction to commence by January 28, 2008. Proceeds must be placed in the Digital Television Transition and Public Safety Fund by June 30, 2008.
• The Digital Television Transition and Public Safety Fund is to fund a coupon program for consumers ($1.5 billion) to purchase digital to analog converter boxes for their existing analog TVs to continue to receive over-the-air TV broadcasts; another $1 billion is to be provided for public safety radio systems.
Page 14
Overview of the 700 MHz Spectrum
52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69
A B C D E A B C A C D BPublicSafety
A C BDPublicSafety
698 748 794
6
“Lower 700 MHz Band” “Upper 700 MHz Band”
1 510 212
• TV broadcast channels 52-59, 60-69: 1. Analog stations to be replaced by “in-core” digital allotments.2. Broadcasters currently have 2 x 6 MHz channel allotments—1 for analog, 1 for digital.
• Upper band (TV channels 60-69):1. 24 MHz allocated to public safety.2. 30 MHz allocated to commercial—6 MHz “guardband.”
• Lower band (TV channels 52-59):1. C and D block have already been auctioned (C block = 12 MHz; D block = 6 MHz).2. D Block is to be used by MediaFLO for its video product to wireless handsets.
Page 15
Status of FCC Process
• FCC Report and Order and Further Notice of Proposed Rulemaking dated April 27, 2007 (Federal Register May 2, 2007).
1. Adopted some of the technical rules governing the 700 MHz band.
• The Further Notice seeks comment on critical service requirements, including:
1. Spectrum block sizes2. Geography covered by licenses; and 3. Requirements that licensees must comply with to be a licensee in good
standing.
• Comments due May 23, 2007; reply comments due May 30, 2007.
Page 16
Review of the FCC Order• Action items:
1. A mix of geographic license area sizes.
2. Package bidding.
3. Comparative hearings at renewal eliminated.
4. License terms.
5. Power spectral density model.
6. Rural area power levels increased.
7. Power limits for the lower 700 MHz A and B blocks.
8. E911 and hearing aid compatibility.
9. The Guard Band leasing regime modified.
Page 17
Effect of FCC Technical Restrictions
• FCC has adopted power rules for lower and upper 700 MHz bands.
1. A and B block in the lower 700 MHz band limited to power levels favorable for commercial mobile services.
2. C, D and E block in the lower 700 MHz band allowed to use much higher power (more broadcast service type power), making traditional mobile services problematic.
3. Upper 700 MHz band power limits the same as the A and B block lower 700 MHz band—favorable for mobile services.
• Upper 700 MHz band licensees will need to protect adjacent public safety operations.
1. FCC needs to adopt final band plan to determine the effect that public safety protections will have on commercial licensees.
Page 18
Review of Outstanding Issues
• FCC proposals:1. Band plan for the lower 700 MHz band.2. Band plans for the upper 700 MHz band.3. Build-out requirements.4. Eligibility restrictions.5. Anonymous bidding.6. Public safety broadband issues.7. Guard Band plans.8. Frontline proposal.9. Media Access Project and Ad Hoc Public Interest Spectrum
Coalition proposals.
60
FCC Proposed Band Plan 1
61 62 63 64 65 66 67 68 69
AD
6 MHzC
11 MHzA
Commercial CommercialPublic Safety Public Safety
NB3 MHz
NB3 MHz
BB6 MHz
D6 MHz
C11 MHz
NB3 MHz
NB3 MHz
BB6 MHz
REAG REAGREAG REAG
60
FCC Proposed Band Plan 2
61 62 63 64 65 66 67 68 69
AE
6 MHzC
5.5 MHzA
Commercial CommercialPublic Safety Public Safety
NB3 MHz
NB3 MHz
BB6 MHz
NB3 MHz
NB3 MHz
BB6 MHz
REAG
D5 MHz
C11 MHz
NB3 MHz
NB3 MHz
BB5 MHz
Commercial CommercialPublic Safety Public Safety
60 61 62 63 64 65 66 67 68 69
A BD
5 MHzC
11 MHzNB
3 MHzNB
3 MHzBB
5 MHzA B
C
TBD TBDTBD TBD
FCC Proposed Band Plan 3 (The FCC did not propose geographic areas for this band plan)
FCC Proposed Band Plan 4
NB3 MHz
NB3 MHz
BB5 MHz
Commercial CommercialPublic Safety Public Safety
60 61 62 63 64 65 66 67 68 69
A BNB
3 MHzNB
3 MHzBB
5 MHzA B
C
EA
D5.5 MHz
EACMA or EA
E6 MHz
C5.5 MHz
REAG
D5.5 MHz
EACMA or EA
C5.5 MHz
D5.5 MHz
D5 MHz
REAG REAG EA
C5.5 MHz
D5.5 MHz
D5 MHz
REAG REAG
NB3 MHz
NB3 MHz
BB5 MHz
Commercial CommercialPublic Safety Public Safety
60 61 62 63 64 65 66 67 68 69
A BNB
3 MHzNB
3 MHzBB
5 MHzA B
C
EA
C5.5 MHz
D5.5 MHz
D5 MHz
REAG EA EA
C5.5 MHz
D5.5 MHz
D5 MHz
REAG EA
FCC Proposed Band Plan 5
Upper 700 MHz Proposals
Page 20
PREVIOUSLYAUCTIONED
PREVIOUSLYAUCTIONED
698 7466
Existing Market Plan
52 53 54 55 56 57 58 59
A C DB AE CB
6 REAGs 734 CMAs 6 REAGs6 REAGs 6 REAGs6 REAGs 734 CMAs6 REAGs
176 EAs 176 EAs734 CMAs 6 REAGs734 CMAs 6 REAGs 734 CMAs734 CMAs
Lower 700 MHz Proposal
Page 24
Key Issues to be Resolved
• Spectrum band plan.• Frontline proposal:
1. Need for a Network Sharing Agreement with public safety.2. Designated Entity benefits for bidders accepting a Frontline type
license.3. Rules and conditions to address a winner’s failure to comply
with its obligations.4. Requirement to operate a wholesale network and to provide
freedom of equipment choice, non-discriminatory access and access by new innovative service providers.
5. Extension of requirements to other mobile spectrum held by auction winner.
Page 25
Key Issues to be Resolved (cont’d)
• Build-out requirements:1. Commission has proposed that:
• 25% of the geographic area be covered in 3 years;• 50% of the geographic area be covered in 5 years;• 75% of the geographic area be covered in 8 years; and• Has asked whether licensees should lose what they do not
cover.
• Eligibility restrictions.• Auction rules/requirements:
1. Package bidding.2. Anonymous bidding; and3. Release of public notice on auction procedures and requirements.
Page 26
Timeline for Next Steps• Report and Order of final rules June/July 2007• Report and Order in Federal Register June/July 2007• Public Notice on auction procedures August 2007• Comments on auction public notice September 2007• Reply comments September 2007• Final procedures public notice October 2007• Auction seminar October 2007• Short form (FCC 175) application due November 2007• Accepted/rejected application public notice December 2007• Final accepted application public notice December 2007• Upfront payments due December 2007• Mock auction January 2008• Auction start January 28, 2008
Page 27
Timeline for Next Steps (cont’d)• Auction completion February
2008
• Close of auction public notice released February 2008
• Long Form (601) and Ownership Form (602) due March 2008
• 20% down payment due March 2008
• Final payment due March 2008
• Accepted for Filing Public Notice April 2008
• Petitions to Deny due April 2008
• Oppositions to Petitions to Deny due April 2008
• Reply to Oppositions due April 2008
• License grants May/June 2008
• Money transferred to DTV and Public Safety Fund June 30, 2008
Page 28
Critical Issues to be Resolved
• FCC comments due May 23; replies due May 30.
• Commission targeting June decision.
• Best guesses of what parties will say and what Commission will do.
Page 29
Questions?
R. Michael Senkowskimsenkowski@wileyrein.com
202.719.7249
Tom Dombrowsky tdombrow@wileyrein.com
202.719.7236
top related