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BB&K attorney Jim Hobson Says FCC Could Take Action Sooner

Licensees in the 470-512 megahertz T band that will have to relocate to other spectrum within 11 years under spectrum legislation signed by President Obama in February could consider seeking waivers of the Jan. 1, 2013, narrowbanding deadline, speakers said today on a webinar sponsored by the National Association of Telecommunications Officers and Advisors.

While stressing that he was not prejudging how the FCC would respond to any such waive requests, Roberto Mussenden, an attorney-adviser in the Policy and Licensing Division of the FCC's Public Safety and Homeland Security Bureau, said "that's a very compelling argument to make."

He noted that the bureau in February gave agencies in the St. Louis, Mo., area an additional year to complete the narrowband transition so they could finish deployment of a multi-county interoperable 800 MHz band radio system. Those agencies made the argument that it didn't make sense to have to acquire narrowband equipment for their current channels only to relocate to other spectrum within a year.

Mr. Mussenden also urged part 90 licensees not to wait to file waiver requests, noting that any jurisdictions whose requests are denied after Jan. 1, 2013, will be in violation of the FCC's rules. "We're looking for a documented ... glide path t compliance," he said of waiver requests.

Mr. Mussenden also said that as of last month, 43.5% of license call signs did not have a narrowband emission designator, 20.1% had a narrowband-only designator, and 36.2% were in transition.

Regarding the T-band, Jim Hobson, of counsel at Best Best & Krieger LLP, noted that while the Middle Class Tax Relief and Job Creation Act of 2012 says the FCC has to auction the T-band channels within nine years and clear them of incumbents within 11 years, the agency could take those actions sooner.

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