Comments on both public notices are due December 21, 2009.

The Federal Communications Commission (FCC) requests comment on reallocating TV broadcast spectrum for wireless broadband services and the transition from circuit-switched networks to an Internet Protocol (IP)-based communications world. Comments on both public notices are due December 21, 2009.

In the American Recovery and Reinvestment Act of 2009, Congress directed the FCC to create a national broadband plan by February 17, 2010, that seeks to ensure that every American has access to broadband capability. As part of the broadband proceeding, the FCC has issued a series of public notices seeking additional, focused comment on certain discrete issues relating to broadband deployment. In two recent public notices, the FCC requests more focused comment on issues concerning the demand for wireless broadband services and how best to transition to an IP-based communications network.

Reallocation of TV Broadcast Spectrum

The FCC states that it is reviewing various spectrum bands to determine if all or a portion of the spectrum within these bands could be reallocated for wireless broadband services. The FCC notes that various parties have expressed concern that the United States will not have spectrum sufficient to meet the demand for wireless broadband services in the near future. The FCC itself has previously stated that a dramatic increase in demand for mobile broadband data services, such as those used by smart phone devices, is driving a spectrum gap. Therefore, the FCC seeks more data on the use of spectrum currently licensed to broadcast television stations and whether TV broadcast spectrum should be reallocated for wireless broadband services. Among other things, the FCC invites comment on the following issues:

What factors should the FCC consider when examining and comparing the benefits of spectrum used for over-the-air television broadcasting and those of spectrum used for wireless broadband services?

What would be the impact to the U.S. economy if insufficient spectrum were made available for wireless broadband deployment or, conversely, if coverage of free over-the-air broadcast television was diminished to accommodate a repacking of stations to recover spectrum?

How do television broadcasters use the capabilities of digital television today and how do they plan to use licensed spectrum in the future for services such as mobile TV broadcasting?

What is the business potential of broadcasters entering into spectrum sharing arrangements and greater collocation of transmission facilities?

What are the benefits of free, over-the-air television broadcasting with respect to public awareness of emergency information, local news, political discourse and education?

What market-based or other incentive mechanisms should the FCC consider to enable broadcasters to choose whether to make any spectrum available for reallocation to wireless broadband services?

Transitioning from Circuit-Switched Networks to an IP-Based World

The FCC states that the evolution of communications services to broadband has a significant impact on the circuit switched Public Switched Telephone Network (PSTN), the public communication system that provides local and long distance telephone service to the United States. The FCC is considering whether to issue a Notice of Inquiry (NOI) relating to the appropriate policy framework to facilitate and respond to the transition from the PSTN system to an IP-based communications system. The FCC seeks to identify the relevant policy questions that should be raised in the NOI regarding how best to monitor and plan for this transition, including which policies may hinder the efficient migration to an all-IP network. The FCC requests comment on how to ensure that consumers are protected against a loss of essential services and are informed of the choices presented by the transition. In particular, the FCC identifies the need to continue ensuring appropriate protections for and assistance to people with disabilities in the transition to an IP-based communications network.

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