In transitioning to the new band plan, proponent wireless operators are required to provide EBS licensees with replacement down converters for existing receive sites. The HLN3 Down Converter, which is the first truly new design in years, has enhanced technology to increase reliability and improve immunity from interference generated by adjacent band fixed and mobile services.

HLN3 EBS Downconverter Replacement Unit. Courtesy of Conifer, a subsidiary of Wireless Acquisition LLC.

Band Plan Transition (2006)

Implement a Plan to Transition ITFS and MDS Channels to the New BRS/EBS Band Plan, Increase the Maximum Lease Term for EBS Licenses to 30 Years, Establish Substantial Service Deadline and Provide Safe Harbors (2006 BRS/EBS Order)

Agency Actions

Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, WT Docket 03-66, RM-10586, MM Docket 97-217, FCC 06-46 (2006 BRS/EBS Order) April 27, 2006.

FCC 06-46 Order: pdf - Word

Joint Statement of Chairman Martin and Commissioner Tate: pdf - Word

Statement of Commissioner Copps: pdf - Word

Statement of Commissioner Adelstein: pdf - Word

Executive Summary

The FCC’s 2006 Report and Order, which was a follow up to the 2004 BRS/EBS Order, included the following actions:

Implement a transition to the new EBS/BRS band plan by Basic Trading Areas, rather than by Major Economic Areas.

Allow licensees to self-transition after 30 months after the effective date of the amended rules in markets where a proponent does not come forward.

Require all licensees, except for EBS licensees, to pay their own costs if they self-transition.

Permit EBS licensees to enter into a lease with a maximum term of thirty years, subject to conditions designed to ensure that EBS licensees have a fair opportunity to re-evaluate their educational needs.

Clarify that BRS BTA authorization holders maintain their right to apply for unassigned EBS spectrum.

Require all licensees to establish substantial service as of May 1, 2011.

Adopt substantial service standards for BRS and EBS licensees, and establish safe harbors similar to those used in other services.

Defer accepting applications for any remaining EBS white space spectrum until the completion of incumbent-organized transitions to the new band plan.

Eliminate the rule that limits EBS licensees to four channels in a given geographic area.

Accept comments supporting the elimination of the wireless cable exception to the EBS eligibility rules.

White Papers

FCC Releases Order Further Revising BRS and EBS Rules and Acts on Petitions for Reconsideration, Rini Coran, PC (2006).

Summary of FCC Actions that Enhance ITFS (EBS) License Holders’ Ability to Lease Spectrum to Commercial Wireless Broadband Service Providers, Wiley Rein & Fielding LLP (2006).