Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the matter of

Service Rules for the 698-746,
747-762, and 777-792 MHZ Bands, WT Docket No. 06-150

Implementing a Nationwide, Broadband,
Interoperable Public Safety Network in the
700 MHZ Band, PS Docket No. 06-229

Implementation of the Commercial Spectrum
Enhancement Act and Modernization of the
Commission’s Competitive Bidding Rules
and Procedures , WT Docket No. 05-211

Development of Operational, Technical, and 
Spectrum Requirements for Meeting Federal,
State and Local Public Safety Communications
Requirements Through 2010, WT Docket No. 96-86

EX PARTE COMMENTS OF THE
AD HOC PUBLIC INTEREST SPECTRUM COALITION

Consumer Federation of America, Consumers Union, Free Press, Media Access Project, New America Foundation and Public Knowledge, collectively referred to here as the ("Public Interest Spectrum Coalition," or "PISC") file these ex parte comments urging the Federal Communications Commission ("FCC," or "Commission") to condition the award of licenses for the 700 MHz band on the licensees' compliance with a service rule that requires 700 MHz license holders to provide broadband Internet access service on a non-discriminatory basis in a manner that enables consumers to attach any compatible device and to reach any web site, post any information, provide any service, access or provide any application, without degradation, prioritization or interference by the network operator.

SUMMARY 

The upcoming auction of licenses in the 700 MHz band is extremely important to American consumers. Due to the unique propagation characteristics of the 700 MHz band, license holders will be able to compete directly with the wireline broadband duopoly and provide consumers with their most affordable option for high-speed broadband Internet access, especially in rural areas. The fundamental right of consumers to "go anywhere" on the Internet and "attach any compatible device" without undue interference from the network operator must be maintained for these valuable services. Given that the spectrum to be auctioned is a publicly owned asset to which public interest obligations historically have been attached, operation of broadband services using that spectrum should protect that fundamental right. Moreover, given the potential for wireless broadband providers operating in the 700 MHz band to serve as a powerful third competitor to the broadband duopoly, which is now free to discriminate, it is essential that consumers be given a third broadband option that operates without discrimination.

For the following reasons, the FCC should, in this proceeding, establish a service rule for broadband services operating in the 700 MHz band that protects the consumer's right to use any equipment, content, application or service on a non-discriminatory basis without interference from the network provider:

• The unique propagation characteristics of the 700 MHz band will allow auction winners to deploy high-speed Internet access services at a much lower cost than other wireless services, making them a more affordable option for consumers;
• Wireless broadband is not a niche service, but will increasingly compete directly with wireline broadband services, which are subhect to the basic consumer choice and open network principles adopted by the Commission;
• The marketplace is not working to protect consumersg existing wireline and wireless providers currently seek to control or limit the consumer's choice with respect to safe devices, applications and access to Internet content and services. Consumers have no guarantees that they will have access to competitive services that are free from gatekeeper control;
• A service rule to require auction winners to comply with basic consumer choice and openness principle, like the service rule for hearing aid compatibility (HAC), is squarely in the public interest and an appropriate condition to place on a license to make exclusive use of the publicly-owned airwaves;
• The timing is criticalg services have not yet been deployed in the 700 MHz band, which means that auction winners have time to incorporate the openness principle into the design of their networks from their inception;
• The Commission has previously indicated that it would take action where, as here, there is evidence of a market failure that limits consumer's choices;
• A service rule will not reduce the value of the licenses and will certainly increase competition and consumer welfare, benefiting the economy overall;
• There is ample precedent in Commission policy for service rules that require interoperability standards for competing services and equipment.

To view the entire document, please see the PDF document linked below.