T-Mobile explains to the FCC why it couldn't have interfered with NextWave's 2.5GHz signals
NextWave offers 5G private networks using 2.5 GHz 5G mid-band spectrum. | Image credit-NextWave
Getting even more to the point, the nation's second-largest wireless carrier told the FCC, "If there are no customers to serve, there can be no 'service' requiring a reduction in power." NextWave has a different take on this, of course, and earlier this month it reminded the FCC that the agency's role includes policing spectrum and dealing with interference. In this case, both go hand in hand.
NextWave almost scolded the agency by saying, "Given the duration, severity and willful nature of T-Mobile 's misconduct for more than two years, it is now imperative for the commission to perform these duties ... and demand that T-Mobile immediately cease its unlawful operations." And while the FCC did issue the aforementioned two violation notices to T-Mobile , the latter says that it no longer needs to take any action at all.
Replying to NextWave's latest response, T-Mobile says that it is the "first-in-time" provider in the 2.5GHz spectrum band in New York City. As a result, the wireless provider claims that it doesn't need to turn down the strength of its signal until a "second-in-time" provider actually needs to use the spectrum. And as far as things stand right now, T-Mobile claims that NextWave doesn't actually need to use the spectrum.
T-Mobile notes in the filing that the "second-in-time" provider (NextWave) has the obligation to notify the "first-in-time" provider ( T-Mobile ) that it has completed construction of its facilities and has started providing service to customers. Obviously, NextWave has yet to inform T-Mobile that it has completed construction and has started offering service to customers. This could put T-Mobile in the driver's seat, although it will be up to the FCC to reverse the two violation notices it previously presented to the carrier.
- T-Mobile
T-Mobile says that this obligation is "consistent" with previous FCC decisions and would seem to give T-Mobile a shot at prevailing in a situation where it might snatch victory from the jaws of defeat.
This is one of those cases where a subject matter drier than your grandma's turkey sandwich actually does have some juicy meat to it. We will continue to keep an eye on this battle and update you when appropriate.
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