In an ex parte letter filed with the Federal Communications Commission (FCC), the Enterprise Wireless Alliance responded to the more recent efforts of M2M Spectrum Networks and the Wireless Infrastructure Association (WIA) to persuade the FCC not to provide 800 MHz incumbents with an advanced opportunity to access Expansion/Guard Band spectrum. EWA specifically noted in its comments that it is a mystery how WIA, an organization that represents private land mobile radio (PLMR) users, can argue that “open access” will promote competition and benefit the public.
EWA reminded the FCC in ex parte communication filed in April that argued why the “open access” promoted by M2M/WIA would be contrary to the FCC’s efforts to promote a fair competitive opportunity for eligible applicants. By soliciting unknowledgeable applicants with an interest in spectrum as an investment opportunity and then leasing their channels, M2M and its affiliated organizations (Spectrum Networks Group, LLC and Smartcomm License Services, LLC) evade the FCC rules governing the number of initial channels available to an entity in any market. EWA has previously asked the Commission whether the arrangement M2M and its affiliates has with applicants/licensees is consistent with the FCC’s rules and policies. If it is, then the Alliance intends to notify its members that they should solicit third parties to affiliate with them and file applications if they want a reasonable opportunity to acquire EB/GB channels in urban areas. The Commission has yet to respond to EWA’s question.