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Ninth Circuit Upholds FCC’s Small Cell Deployment Order Designed to Promote 5G

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Photo of Federal Communications Commission Chairman Ajit Pai in 2018 by Gage Skidmore used with permission

August 12, 2020 — The United States Ninth Circuit Court of Appeals today upheld major portions of the Federal Communications Commission’s attempts to speed up 5G deployments on existing infrastructure.

The City of Portland v. Federal Communications Commission filing questioned the FCC’s One-Touch Make Ready order and its subsections, the Small Cell Order, the Moratoria Order and the One Touch Make-Ready Order, all of which faced major criticisms from dozens of major cities.

The agency’s actions were an attempt at creating a unified broadband infrastructure rollout plan, but have been met with turbulence because of the complex interplay between federal, state and local policies. The decision notes that “expansion has been met with some resistance where 5G is concerned, however, particularly from local governments unhappy with the proliferation of cell towers and other 5G transmission facilities dotting our urban landscapes.”

The decision paves the way for an FCC better equipped to deploy small cell technology across the country, despite state and local objections.

Some organizations, like the American Electric Power Service Corporation, challenged secondary parts of One-Touch, including overlashing, wherein additional cables are attached to preexisting cables on utility poles. Another challenged section was the rate reform rule, which equalizes telecom costs between incumbent providers who own infrastructure and those who do not.

The court upheld both actions, calling them “reasonable attempt[s] by the FCC to prevent unnecessary costs for attachers,” as well as being “an appropriate exercise of the FCC’s regulatory authority under the Telecommunications Act.”

The decision is also a win for big telecom companies like T-Mobile and Verizon. In 2018, AT&T complained that exorbitant fees in Portland and parts of Nebraska were keeping the company from installing 5G technology there.

“The high fees in Lincoln and the generalized inertia in negotiations and unpredictable permitting processes for small cell deployments in Omaha and other Nebraska cities arise from faulty policy,” the company said.

Wednesday’s ruling allows the FCC to cap rates, allowing easier access.

FCC Chairman Ajit Pai praised the decision, saying that “the wind is at our backs.”

“Today’s decision is a massive victory for U.S. leadership in 5G, our nation’s economy and American consumers,” Pai said. “The court rightly affirmed the FCC’s efforts to ensure that infrastructure deployment critical to 5G — a key part of our 5G FAST Plan — is not impeded by exorbitant fees imposed by state and local governments.”

Commissioner Brendan Carr also lauded the Court’s ruling.

“Ultimately, the wireless infrastructure docket I’ve led is about 5G jobs, education and healthcare —  opportunities and services that we’ve valued all the more through the pandemic,” Carr said. “Our sensible fee limits, shot clocks, and guardrails on approval already are making America home to the strongest 5G platform in the world. I’m glad that with today’s decision, the litigation is settled, and we can continue our pursuit of next-gen opportunities for all Americans.”

Commissioner Jessica Rosenworcel, who opposed the order in 2018, did not immediately respond to a request for comment.

5G

Innovation Fund’s Global Approach May Improve O-RAN Deployment: Commenters

The $1.5 billion Innovation Fund should be used to promote global adoption, say commenters.

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Illustration about intelligent edge computing from Deloitte Insights

WASHINGTON, February 2, 2023 – A global approach to funding open radio access networks will improve its success in the United States, say commenters to the National Telecommunications and Information Administration.

The NTIA is seeking comment on how to implement the $1.5 billion appropriated to the Public Wireless Supply Chain Innovation Fund as directed by the CHIPS and Science Act of 2022. The grant program is primarily responsible for supporting the promotion and deployment of open, interoperable, and standards-based radio access networks. 

Radio access networks provide critical technology to connect users to the mobile network over radio waves. O-RAN would create a more open ecosystem of network equipment that would otherwise be reliant on proprietary technology from a handful of companies.  

Global RAN

Commenters to the NTIA argue that in order for O-RAN to be successful, it must be global. The Administration must take a “global approach” when funding projects by awarding money to those companies that are non-U.S.-based, said mobile provider Verizon in its comments.  

To date, new entrants into the RAN market have been the center for O-RAN development, claimed wireless service provider, US Cellular. The company encouraged the NTIA to “invest in proven RAN vendors from allied nations, rather than focusing its efforts on new entrants and smaller players that lack operational expertise and experience.” 

Korean-based Samsung Electrontics added that by allowing trusted entities with a significant U.S. presence to compete for project funding and partner on those projects, the NTIA will support standardizing interoperability “evolution by advancing a diverse global market of trusted suppliers in the U.S.” 

O-RAN must be globally standardized and globally interoperable, Verizon said. Funding from the Public Wireless Innovation Fund will help the RAN ecosystem mature as it desperately needs, it added.  

Research and development

O-RAN continues to lack the maturity that is needed for commercial deployment, agreed US Cellular in its comments. The company indicated that the complexity and costliness of system integration results from there being multiple vendors that would need to integrate but are not ready for full integration. 

Additionally, interoperability with existing RAN infrastructure requires bi-lateral agreements, customized integration, and significant testing prior to deployment, the comment read. The complicated process would result in O-RAN increasing the cost of vendor and infrastructure deployment, claimed US Cellular, directly contrary to the goals of O-RAN. 

Several commenters urged the NTIA to focus funding projects on research and development rather than subsidizing commercial deployments.  

The NTIA is already fully engaged in broadband deployment in unserved and underserved areas through its Broadband Equity, Access and Deployment program, said Verizon. The Innovation Fund will better advance its goals by funding projects that accelerate the solving of remaining O-RAN technical challenges that continue to delay its deployment, it continued. 

US Cellular argued that the NTIA should “spur deployment of additional independent testing and certification lab facilities… where an independent third party can perform end to end testing, conformance, and certification.” 

The Innovation Fund should be used to focus on technology development and solving practical challenges, added wireless trade association, CTIA. Research can focus on interoperability, promotion of equipment that meets O-RAN specifications, and projects that support hardware design and energy efficiency, it said. 

Furthermore, CTIA recommended that the Administration avoid interfering in how providers design their networks to encourage providers to adopt O-RAN in an appropriate manner for their company. Allowing a flexible, risk-based approach to O-RAN deployments will “help ensure network security and stability,” it wrote. 

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CES 2023: Commissioner Starks Highlights Environmental Benefits of 5G Connectivity

Starks also said federal housing support should be linked to the Affordable Connectivity Program.

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Photo of FCC Commissioner Geoffrey Starks (left) and CTA’s J. David Grossman

LAS VEGAS, January 7, 2023 – Commissioner Geoffrey Starks of the Federal Communications Commission spoke at the Consumer Electronics Show Saturday, touting connectivity assistance for individuals who benefit from housing assistance as well as the potential environmental benefits of 5G.

The FCC-administered Affordable Connectivity Program subsidizes monthly internet bills and one-time devices purchases for low-income Americans. Although many groups are eligible – e.g., Medicaid and Supplemental Nutrition Assistance Program enrollees – Starks said his attention is primarily on those who rely on housing support.

“If you are having trouble putting food on your table, you should not have to worry about connectivity as well,” Starks said. “If we are helping you to get housed, we should be able to connect that house,” he added.

Environmental benefits of 5G

In addition to economic benefits, 5G-enabled technologies will offer many environmental benefits, Starks argued. He said the FCC should consider how to “ensure folks do more while using less,” particularly in the spheres of spectral and energy efficiency.

“This is going to take a whole-of-nation (approach),” Starks said. “When you talk to your local folks – mayors – state and other federal partners, making sure that they know smart cities (and) smart grid technology…making sure that we’re all unified on thinking about this is exactly where we need to go to in order to drive down the carbon emissions.”

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CES 2023: 5G Will Drive Safer Transportation

More comprehensive data-sharing is made possible by the reduced latency of 5G, CES hears.

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Photo of Aruna Anand, Durga Malladi, and Derek Peterson (left to right)

LAS VEGAS, January 5, 2023 – Panelists at the Consumer Electronics Show 2023 on Thursday touted the potential for 5G to make transportation safer by enabling information sharing between vehicles and with infrastructure.

5G is expected to expand connectivity by attaching small cell connectivity equipment on various city infrastructure, including traffic lights and bus shelters. 

More comprehensive data-sharing is made possible by the reduced latency of 5G, said Aruna Anand, president and CEO of Continental Automotive Systems Inc., referring to connectivity communications times. Anand argued that making relevant information available to multiple vehicles is key to improving safety.

“We give more information about the surroundings of the vehicle to the car to enable [it] to make better decisions,” Anand said.

Durga Malladi, senior vice president and general manager for cellular modems and infrastructure at chip maker Qualcomm, described a 5G-enabled “true ubiquitous data space solution” in which vehicles and smart infrastructure – e.g., traffic lights and stop signs – communicate with one another.

Asked for predictions, Malladi forecasted an increased “blend” of communications and artificial intelligence technologies. Anand said 6G is expected to emerge by 2028 and make its way to vehicle technology by 2031.

Both realized and predicted innovations in 5G-enabled technologies have driven calls for expanded spectrum access, from private and public sectors alike. The Federal Communications Commission and the National Telecommunications and Information Administration, the respective overseers of non-federally and federally-used spectrum, in August agreed to an updated memorandum of understanding on spectrum management

Although relatively new, this agreement has already been touted by officials.

The FCC, whose spectrum auction authority Congress extended in December, made several moves last year to expand spectrum access.

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