1. General Framework

Broadband Wireless Access is a term used to describe new broadband wireless technologies that involve mobile, nomadic and fixed applications. Growing demand for bitstream access to provide multimedia services at fixed locations has led the industry to develop new technological solutions capable of surmounting the technical hurdles involved (such as line of sight), with more efficient modulation techniques than those that have added mobility.

ANACOM has been following the course of discussions in various international fora on the introduction of this type of technology. This debate has looked at both the technical issues involved (e.g. technical solutions, the spectrum and standards) and at a regulatory framework for this technology, with the aim of achieving harmonisation in the adopted solutions.

At the same time, it should be noted that several market players have expressed an interest in bringing this technology to Portugal, and that several requests have been received to make part of the spectrum available for BWA technical trials with WIMAX type systems.

In light of this growing interest, ANACOM is launching this public consultation, taking into account the positions that have been debated in international organisations, especially the European Commission and the European Conference of Postal and Telecommunications Administrations (CEPT), as well as the results of ANACOM’s own public consultation on Fixed Wireless Access (FWA), with the aim of reformulating usage rights of the spectrum as allocated in Portugal.

In this scope, the European Commission, acknowledging the importance of broadband communications within the i2010 initiative, conferred a mandate¹ upon CEPT to identify the technical conditions, with a view to the operating frequency bands deemed more appropriate and harmonized for BWA purposes and with consideration to such issues as technological neutrality and possible licensing regimes.

It is noted that, in accordance with the current regulatory framework for electronic communications, no technological system is identified in this mandate. A response to the mandate is in preparation by the CEPT’s Project Team – JPT BWA, with conclusion expected by the end of this year.

Key to this EC mandate is the issue of BWA spectrum harmonisation. This issue is crucial for spectrum management, bringing as it does, a range of benefits from a reduction in equipment development costs (economies of scale), interoperability, and faster development and introduction times for solutions that benefit the user.

The choice of frequency bands could be determined by the success of new technologies and their dependant services, and should, whenever possible, be for harmonised bands and not one-off solutions. Accordingly, various frequency bands are being considered for BWA’s introduction. It should be noted that it is BWA applications in generic terms that are at issue, and not any particular technological system (without limit to or exclusion of WiMAX type systems or any other technology already in the market).

The work accomplished to date has led to the conclusion that the priority bands for BWA applications are the 3.6 GHz and 5.8 GHz bands. Concretely, the JPT BWA is studying the technical and regulatory framework for BWA systems in these bands as follows:

•  A CEPT/ECC decision that would govern BWA applications in the 3.6 GHz (3400-3800 MHz) frequency bands. It is noted that BWA applications encompass fixed, nomadic and mobile technological systems, allowing the inclusion of a mobility component. In Annex 1 there is a Draft of this document, which is expected to be adopted for CEPT public consultation by the end of this year.
   
• A CEPT/ECC Recommendation (06)04 on BFWA systems (Broadband Fixed Wireless Access) in the 5.8 GHz (5725-5875 GHz) frequency band, which is shortly to be approved; This document can be seen in Annex 2.

In order to get an overall picture of the BWA issue, it is important to emphasise the most recent activities that ICP-ANACOM has been involved in and that could impact any decision that may be adopted.

As one of the bands under discussion is the 3400-3800 MHz band, it should be also be noted here that ICP-ANACOM has concluded a public consultation on Fixed Wireless Access (FWA). It is further highlighted that the action plan set out in Administrative Rule no. 1062/2004 of 25 August envisages two stages of execution (Stage I and Stage II).

In the initial stage (Stage I), ANACOM, having heard those companies holding FWA licenses, readjusted their rights to use the radio spectrum in accordance with the model set out in Administrative Rule no. 1062/2004 and with the proven interests and needs of the companies. The readjustment of these rights applied only to formerly allocated spectrum with a view to maintaining it and did not encompass requests for additional spectrum or for change of use.

The second stage (Stage II) will see ANACOM defining the allocation process, in view of the available spectrum (e.g. spectrum released by companies who in the course of this process gave up their interest in determined zones) and interest in spectrum acquisition by other entities (including for example existing holders of FWA frequency usage rights or other entities not currently in the market).

Accordingly, it is important to note that any action taken on BWA, especially with regard to the 3.6 GHz frequency band should be viewed in conjunction with the stages above.

With this public consultation ICP-ANACOM hopes to gather opinions from a range of market stakeholders (manufacturers, operators, users and others), before making a decision on the future framework that will govern how BWA applications can be introduced in the frequency bands concerned.

Accordingly and in order to gather information from a wide range of interested parties, ANACOM has posed the set of questions in the following section.