Washington, D.C. – Today the Federal Communications Commission adopted an Order and Further Notice of Proposed Rulemaking prohibiting the further distribution and sale of devices that operate in the 700 MHz frequency. This action helps complete an important component of the DTV Transition by clearing the 700 MHz band to enable the rollout of communications services for public safety and the deployment of next generation 4G wireless devices for consumers.

The order will primarily impact the use of wireless microphone systems that currently operate in the 700 MHz band. These unlicensed devices cannot continue to operate in this band because they may cause harmful interference to public safety entities and next generation consumers devices that will be utilizing the 700 MHz frequency. Thus, the Commission is making clear that no devices utilizing this frequency may be sold or distributed. In order to ensure that individuals and groups currently using unauthorized devices in this band have ample time to transition to appropriate frequencies, the FCC is providing a sunset period until June 12, 2010, one year from the DTV Transition.

The Commission is also unveiling an aggressive consumer outreach plan in order to assist consumers who have previously purchased wireless microphone systems and other related devices that utilized the 700 MHz band. Through the Commission’s website, www.fcc.gov/cgb/wirelessmicrophones, consumers can learn whether their wireless device is currently operating in the prohibited band and whether their devices may be retuned to operate on another band. Consumers may also call 1-800-CALL-FCC to ask questions regarding this transition.

The findings in the Order will be effective upon release of the item. Action by the Commission, January 14, 2010, by Order. Chairman Genachowski, Commissioners Copps, McDowell, Clyburn, and Baker. Chairman Genachowski issuing a statement. Docket No. WT 08-166.

News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322For additional information, contact Matthew Nodine at (202) 418-1646 or Matthew.Nodine @fcc.gov.

The CTIA a wireless association posts comments to the FCC requesting exemption from Net Neutrality rules.

“Quite simply, we believe that these rules are inappropriate for wireless broadband networks and unnecessary to ensure that wireless consumers continue to enjoy the open Internet. All elements of the wireless ecosystem are flourishing. As Americans continue to adopt mobile broadband at a rapid pace, our members are investing billions of dollars every year to deliver wireless Internet across the country. This is a model that is working for consumers and regulation is not needed.”

The filing will highlight these five reasons why net neutrality is unnecessary for wireless:

• Net neutrality rules would lead to unintended consequences. A lot is going right in the U.S. wireless market – low prices, competition, and tremendous innovation – all driven by tens of billions of dollars each year in investment. All elements of the wireless ecosystem are flourishing to the benefit of consumers. Adding regulatory uncertainty and the unintended consequences that will flow from these proposed rules will cause harm and ultimately will not benefit consumers.
• There is no factual basis for application of net neutrality to wireless. The Commission cannot point to a market failure that would justify its proposed rules. Only theoretical harms that have been claimed for years – harms that have never materialized.
• The FCC’s approach would be in stark contrast to international approaches to Internet openness. In the more concentrated and more heavily regulated European markets, regulators have decided to forgo the type of prescriptive regulation proposed by the FCC in favor of promoting competition to ensure consumer welfare.
• Wireless networks are technologically different than other broadband technologies. Reliance on spectrum and the technical aspects of mobility pose unique challenges to wireless broadband providers. Capacity constraints (one strand of fiber optic cable has more capacity than the entire electromagnetic spectrum, of which wireless is one of many users), the close interaction between wireless devices and the wireless network, and licensed nature of wireless devices make the Commission’s rules incompatible with wireless broadband.
• The FCC should take a page from antitrust analysis – monitoring the market and correcting failures – rather than regulating non-existent harms. A recent paper by the U.S. Department of Justice concluded that the broad goals of bringing consumers the best possible service and choice of broadband providers are best served by promoting competition. Several years of economic analysis of net neutrality reach the same conclusion – careful monitoring of the market and correction of actual failures will better promote competition and consumer welfare than net neutrality rules.