To: Frank A. Coluccio who wrote (4262 ) 11/9/2001 3:46:33 AM From: axial Respond to of 46821 Hi, Frank - I'm a little foggy on the latest moves in the Great American Wireless Game, but I see this as a significant shift from previous policy, including the Telecomm Act of '96."The FCC will sunset the spectrum cap rule effective January 1, 2003. The transition period between now and the sunset date will afford an opportunity for the markets to prepare for the FCC's shift from an inflexible spectrum cap rule to reliance on case-by-case review of CMRS spectrum aggregation. The transition period will also permit the FCC to consider what guidelines, procedures and resources may be necessary for the FCC to perform case-by-case review of transactions involving transfers of control of CMRS spectrum in an effective and timely manner. The FCC raised the spectrum cap to 55 MHz in all markets during the transition period. This change is intended to address certain carriers' concerns about near-term spectrum capacity constraints in the most constrained urban areas." fcc.gov Underneath it all, one can see the success of some long-term lobbying, and in a more transparent sense, a response to some (perceived) needs. 1 - The decision of the Clinton administration to have the FCC re-allocate spectrum was a non-starter. There is a need to find other ways to address the spectrum issue. 2 - The spectrum cap was designed to create, and protect smaller competitive wireless businesses. These businesses were supposed to propagate wireless in less dense areas. The FCC regulations, and the underlying thought, were a direct outgrowth of the Telecomm Act: the communications equivalent of Mao's "Let ten thousand flowers bloom." Legislating, or mandating successful business, and market penetration has not been a success. There is a need for a better way. Is the subtext in this news, "Bigger may be better..." ? Perhaps. I'm sure many will holler that they see SBC (for instance) written all over the change. Given the current malaise in the sector, perhaps this is the only way that sufficient funds can be attracted. But will the "winners" enhance wireless penetration in the States, or will they use their newfound advantage simply to increase profits, and stifle competition? I think the phrase "...the FCC's shift from an inflexible spectrum cap rule to reliance on case-by-case review of CMRS spectrum aggregation..." will give many people sleepless nights. I fear the real policy is unwritten. But who knows? It's all in the execution, isn't it? Best regards, Jim