Regulatory: The Race for 3G Standards

The United States still has time to plan for 3G, but it better start moving soon.

By William J. Sill and Christiana L. Lin, Wilkinson Barker Knauer LLP

Contents
International 3G Planning Efforts: Full Steam Ahead
Europe Runs with the Ball
The United States Lags Behind
International Technology Standardization's First Steps
Spring Ahead or Be Left Behind

While the rest of the world is marching to the beat of the International Telecommunication Union's (ITU) third-generation (3G) planning process, the United States has only taken baby steps. There is a danger that if the United States continues on its current pace, it will be lapped by the efforts of the ITU and the European community.

On May 8, 2000, thousands of representatives from around the world will arrive at Istanbul for the World Radiocommunications Conference 2000 (WRC-2000), to review spectrum and regulatory issues affecting the next generation of wireless mobile telecommunications (3G or IMT-2000) systems, emphasizing the need to identify additional spectrum for these systems. The WRC-2000 will also work on identifying a global radio control channel to facilitate the operation and roaming for these systems worldwide.

International 3G Planning Efforts: Full Steam Ahead (Back to Top)
The international community has long recognized that the successful deployment of 3G systems depends on the harmonization of worldwide spectrum allocation and the development of an interoperable worldwide standard. Under the auspices of the ITU, the sponsor of the upcoming WRC-2000, the international community has been active in 3G-related spectrum and standardization issues, hoping to assist in the convergence of what may otherwise be competing 3G wireless technologies.

As early as 1992, the ITU took on the task of identifying 230 MHz of spectrum within the 1885 MHz-2025 MHz and 2110 MHz-2200 MHz bands intended for use by IMT-2000 systems at the World Administrative Radio Conference-92 (WARC-92). This action was incorporated into Footnote S5.388 of the ITU's International Table of Frequency Allocations.

Europe Runs with the Ball (Back to Top)
In recent years, the European community has been in the forefront of 3G planning and licensing. The European Radio Committee (ERC) began the process of modifying 3G spectrum to bring it into harmony with the allocations made by the ITU through two 1997 decisions that designated 155 MHz of spectrum for terrestrial IMT-2000 applications and 60 MHz for satellite applications. Currently, the ERC is considering a draft recommended decision to allocate an additional 135 MHz of spectrum for terrestrial IMT-2000 applications.

In preparation for the WRC-2000, the European common proposal has advocated the further identification of the 2520-2670 MHz bands for IMT-2000's terrestrial component and the 2500-2520 MHz and 2670-2690 MHz bands for satellite components. The European proposal advocates allocating existing 2G bands for 3G purposes, and supports the identification of other bands as is necessary including the 470-862 MHz, 2290-2300 MHz, and 2700-2900 MHz bands. Furthermore, the European proposal advocates definition of the WARC-92 identified spectrum as the core band for IMT-2000.

Several European nations have begun the process of awarding 3G licenses. In March 1999, Finland became the first nation to grant licenses for 3G mobile networks. The United Kingdom recently published a plan for auctioning initial 3G spectrum, preparing for auctions in 2000. Meanwhile Austria, France, Germany, the Netherlands, Norway, and Switzerland expect to award licenses before 2002.

The United States Lags Behind (Back to Top)
In contrast, 3G-related efforts by the United States lag far behind European initiatives. Until a couple of weeks ago, the only official action taken by the United States had been in August 1998. At that time, the FCC issue a public notice soliciting comments on the type of services IMT-2000 is expected to provide and the operating environments needed to make these services available in the United States (including the amount of spectrum required).

On Nov. 18, 1999, the commission took another long-awaited step, releasing a policy statement that set forth principles for reallocating spectrum. Within its policy statement, the commission stated that it will consider the allocation of 90 MHz—a portion of which corresponded to Footnote S.5388—for an Advanced Mobile and Fixed Communications Service to include use by IMT-2000 systems. In preparation for WRC-2000, the United States released a draft proposal that advocates the possible identification of the 1710 MHz-1755 MHz band, the 800 MHz SMR and 1G/2G cellular bands, and the remaining portions of the PCS bands not previously identified for IMT-2000.

The U.S. proposal also provides 141 MHz of spectrum as candidate extension bands for IMT-2000 satellite components. The proposal places off limits specific frequencies being used by the military, for fixed point-to-point and point-to multipoint operations, and for flight safety and weather reporting. The most controversial recommendation, however, is the proposed deletion of Footnote S5.388, and the suggestion that Footnote S5.388 references to IMT-2000 spectrum be incorporated in a new recommendation or resolution at the WRC-2000. Many vendors and carriers oppose this approach for fear that it would hinder spectrum harmonization and make the identification of new spectrum for IMT-2000 more difficult.

With the scant progress that it has made toward harmonization, the United States risks the possibility that the further-advanced European standards become de facto spectrum standards. As a result, the United States may find itself isolated from the rest of the world. Meanwhile, vendors catering to the U.S. market may be forced to use dual-band systems for worldwide roaming and forego the economies of scale realized from near-global harmonization.

International Technology Standardization's First Steps (Back to Top)
In addition to spectrum allocation initiatives, the international community has recently turned its attention toward technology standardization. The task of bringing the range of radio transmission technologies and network technologies together in a workable fashion for 3G systems has only just begun. The ITU is in the process of evaluating proposals for IMT-2000 radio transmission technologies (RTTs) and is expected to make RTT recommendations by the end of this year. Meanwhile, supporters of CDMA-based technologies have reached an agreement to develop a set of CDMA technology standards for 3G services. Based on this agreement, the Operators Harmonization Group (OHG), comprised also of proponents for CDMA, have compiled a technical framework for countries to consider and implement as desired.

Several multilateral public-private groups also have been actively engaged in the standardization effort to date. The Third Generation Partnership Project (3GPP), an international group initiated by the European Testing and Standards Institute (ETSI), has agreed to produce technical specifications for 3G mobile systems based on the GSM core networks. The 3GPP-2, an organization launched by the International Committee of the American National Standards Institute's (ANSI) board of directors, is undertaking a multilateral effort to facilitate the development of globally applicable technical specifications for 3G mobile systems based on GSM/MAP and ANSI-41 mobile architectures.

Also engaged in the standardization effort is the UWCC, an international consortium of more than 100 wireless carriers and vendors supporting the TDMA, EDGE, and WIN technology standards. The U.S. government has taken no formal position on the standardization effort, opting to defer to private industry and associations to negotiate technological standards.

Spring Ahead or Be Left Behind (Back to Top)
With the approach of the WRC-2000, a significant amount of work is left undone if the U.S. government wishes to advocate a coherent position at the conference. If the United States does not play a leading role in WRC-2000, U.S. carriers and equipment vendors may soon find themselves in one of two undesirable positions:

1. Developing 3G systems that are not compatible with other 3G systems in the world
   
2. Adopting 3G spectrum and technology standards that are not optimal for the United States. There is still time for carriers and vendors to urge the U.S. government to take the lead in paving a way for 3G technologies, allowing U.S. businesses and consumers to take advantage of a global marketplace.

About the Authors

William J. Sill is a partner at Wilkinson Barker Knauer, LLP, and has extensive experience in both government service and private practice. Over a four-year period, Sill worked in the Mass Media and Common Carrier Bureaus of the Federal Communications Commission. Since entering private practice, Sill served as telecommunications counsel on transactions ranging in size from single system sales to multi-billion dollar mega-mergers. Martindale Hubbell has recognized his accomplishments by awarding Sill an AV rating, which is the highest rating awarded an attorney. He has spoken before the FCC on siting issues, lectured the Federal Communications Bar Association (FCBA) on the Rewrite of Part 22 of the FCC's Rules, and conducted a CLE seminar on tower siting issues. He recently completed a three-year stint as co-chair of the FCBA's Wireless Practice Committee. Sill can be reached at wsill@wbklaw.com.

Christiana L. Lin is as an associate with Wilkinson Barker Knauer, LLP. She focuses on communications, information technology, and Internet law. Prior to joining the firm, Lin held a position in the Office of the Secretary of Defense, working on high-technology issues related to newer Defense programs such as counter-terrorism, counter-drug, peacekeeping, and humanitarian assistance activities. Lin holds a B.A. from Yale University and a J.D. from the Georgetown University Law Center. She is a member of the New York Bar Association, the American Bar Association, and the Federal Communications Bar Association. Lin can be reached at clin@wbklaw.com.