MVDDS dispute leads to FCC licensing reform efforts

The MVDDS dispute has led to significant changes in FCC licensing reform efforts. The dispute centers around the use of a specific frequency band, 12.7-13.2 GHz, for wireless broadband services.

The FCC initially auctioned off the band to a single winner, but subsequent court decisions found that the agency had not properly considered the potential for multiple winners. This led to a re-evaluation of the auction process.

In response to the dispute, the FCC has proposed reforms to its auction process, including the use of a simultaneous multiple-round (SMR) auction format. This format allows multiple winners to bid on the same frequency band.

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In 1999, Northpoint and two other companies applied to the FCC for permission to provide MVDDS service, but their application was met with resistance from satellite firms.

Northpoint claimed that its terrestrial system was entitled to the same rights as other applications filed in the same window, but the FCC required an independent engineering firm to test the technology to ensure it wouldn't interfere with satellite transmissions.

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The MITRE Corporation was hired to make the determination, and its report concluded that the MVDDS spectrum sharing technology posed a "significant threat" of interference with satellite television signals.

However, the FCC adopted rules that allowed for MVDDS bandsharing in 2002, but rejected Northpoint's petition for a license and instead decided to hold a public auction to sell off the land-based use of the spectrum.

Northpoint claimed the FCC's decision was unfair, as satellite companies had received a special exemption from Congress, but the language that would block the auction was eventually dropped after criticism from Senator John McCain and others.

The MVDDS auction took place in January 2004 without Northpoint's participation, and ten licenses were awarded for the 12 GHz bandwidth.

Today, the FCC is still dealing with similar issues, including a recent controversy over the use of the 12GHz band for a 5G fixed wireless service, with Dish Network and SpaceX at odds over potential interference risks.

The FCC is seeking ways to circumvent its lack of spectrum auction authority, and has asked for comments on how to make spectrum resources available for use in the public interest.

Some of the country's largest wireless operators and industry bodies have urged the FCC to use its STA process to make spectrum available, including the CTIA and Verizon.

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The FCC has taken several actions in the MVDDS dispute. In 2002, the FCC adopted rules that allowed for MVDDS bandsharing, but rejected Northpoint's petition for a license.

The FCC then held a public auction to sell off the land-based use of the spectrum, which Northpoint claimed was unfair. Northpoint's founders had strong political connections and used paid lobbyists to try to block the auction, but the language was eventually dropped after criticism from Senator John McCain and others.

The FCC's decision was upheld in court, and the MVDDS auction took place in January 2004 without Northpoint's participation. The Commission is now seeking ways to circumvent its lack of spectrum auction authority, after Congress declined to renew it in March 2023.

The FCC is exploring solutions beyond Congress, and has asked for comments on how it should fulfill its responsibility to make spectrum resources available for use in the public interest. Some of the country's largest wireless operators and industry bodies have urged the FCC to use its Special Temporary Authority (STA) process to make spectrum available.

Here are some of the bands of spectrum that the FCC has mentioned as potential Inventory Spectrum:

MDSi Hypercable began developing an MVDDS technology in the mid-1990s, which is called HyperCable. The company showed Hypercable to the FCC in 2001.

American company Northpoint Technology, Ltd. filed its first patent applications by 1994, using ideas from engineers Saleem and Carmen Tawil. This was a significant step in the development of MVDDS technology.

Northpoint Technology, Ltd. was formally founded in 1996 with investment money from various prominent individuals. The company had a strong leadership team, with Sophia Collier as Chair and Antoinette Cook Bush as Executive Vice President.

The FCC is trying to find ways to work around the fact that Congress declined to renew its authority to conduct spectrum auctions. This happened in March 2023, and the FCC is still without the ability to issue new spectrum licenses.

T-Mobile is one of the companies that has spoken up about the issue, and it's not happy about the situation. The company was awarded licenses during Auction 108, but it can't access them because of the lack of auction authority.

The FCC is seeking comments on how to make spectrum resources available for use in the public interest. This includes using its "Special Temporary Authority" (STA) to release spectrum, approve spectrum-sharing, or lease spectrum licenses.

In fact, the CTIA, a major lobbying association for large US wireless operators, has suggested using STA licenses as a way to make spectrum available. Verizon has also agreed that this could be a viable option, although it notes that it's not as good as a traditional auction.

T-Mobile has also suggested using STA licenses, and it's actually been doing it for a while now. The company has been using STA licenses to get the spectrum it needs, and it's hoping the FCC will follow suit.

The FCC is considering several bands of spectrum to make available for use in the public interest. These bands include the 600MHz, 700MHz, 800MHz, AWS-3, PCS, BRS, and MVDDS bands.

Here are some of the bands of spectrum the FCC is considering:

The FCC is accepting comments on this issue until April 22nd, so it will be interesting to see what other companies and organizations have to say about it.