The Federal Communications Commission appeared poised to reject M2Z Networks Inc.’s plan to offer free nationwide broadband service on the 2155-2175 MHz band, a move likely to prompt a court challenge and refocus the campaign to integrate open access-wholesale requirements in the wireless space.

Once the anticipated dismissal of M2Z’s application happens, the FCC is expected to launch a rulemaking to determine what to do with the 2155-2175 MHz band. The two Democrats on the Republican-controlled FCC were expected to concur in the M2Z ruling. 

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“If the commission does not grant the M2Z application, it should not allow the spectrum to remain fallow,” the Public Interest Spectrum Coalition told the FCC. “Instead, the commission should simultaneously release a [notice of proposed rulemaking] setting service and rules for the band.”

The group, which includes Consumers Union, Consumer Federation of America, the New America Foundation, Free Press, Public Knowledge and others, wanted the FCC to mandate that M2Z’s network would be open to devices and applications, operated under network neutrality principles and capacity made available on a wholesale basis. M2Z largely agreed to such network provisions, but the consumer-special interest group wanted firm regulatory conditions imposed.

“The commission has already taken steps to guarantee to the public a platform for open devices. Success of this platform remains uncertain, however, and the commission has left considerable discretion in the hands of the ultimate [700 MHz] licensee,” the group stated...

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