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In Regard to Wireless Deployments, City Leaders Offer Advice to Strengthen Local Government Authority

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Screenshot of Thomas Robinson, CEO of CBG Communications

September 15, 2020 — Don’t talk to Portland, Oregon, about what it’s like to challenge the federal government.

They’ve also been a pioneer of taking on the Federal Communication Commission in advocating for local governments in the deployment of small cell technology.

The city sued the FCC over its 2018 wireless facilities order. In August 2020, the Ninth Circuit Court of appeals upheld major portions of that ruling.

See “Ninth Circuit Upholds FCC’s Small Cell Deployment Order Designed to Promote 5G,” Broadband Breakfast, August 12, 2020.

Representatives from Portland joined with a city official from Lincoln, Nebraska, at the conference of the National Association of Telecommunications Officers and Advisors on September 3, 2020.

The two cities, which AT&T claimed charged exorbitant fees that kept the telecom giant from installing wireless technology, spoke on a panel about rewriting local telecom policies.

“Legal changes in wireless have impacted local authority in zoning and rights of way regulations,” said Maja Haium, deputy city attorney for the city of Portland.

Portland wants and needs local authority over deployment of wireless technologies

Haium detailed how the city of Portland set itself up for success to maintain local authority over the deployment of wireless technology.

“Almost all downtown poles are owned by the city,” said Haium.

“Portland, Oregon enjoys strong home rule authority,” detailed Haium, saying the city benefits from having no state franchising or wireless laws to navigate or reckon with.

Haium, who has worked on efforts to repeal preemptive state statutes that benefit incumbent carriers and led efforts to move several Oregon cities from individually-negotiated franchises to a right-of-way ordinance that applies to all utilities in the right of way, said that Portland benefits from an engaged and united city council.

The council understands the issues at hand, and said, and is willing to dedicate time and resources to the topic and participate in all aspects of rulemaking and litigation.

Hauim said cities could use advance in local zoning and right of way battles with carriers.

“When dealing with installing wireless infrastructure on private property, don’t assume applicants understand shot clocks,” said Haium, adding that she believes it is crucial to have clear application checklists, current photos and videos of facilities and drawings made to scale.

“Early and repeated coordination among internal bureaus, advisory boards, wireless carriers, and electric utilities is necessary,” said reminded.

Lincoln, Nebraska, created a streamlined process for building wireless facilities

David Young, fiber infrastructure and right of way manager for the city of Lincoln, Nebraska, said his city had created a streamlined process for carriers interested in building in the community.

“Carriers are looking for communities that are flexible,” said Young, saying that streamlining processes and making procedures consistent is crucial.

Young referred audiences to Lincoln’s website, which clearly details standardized procedures for accessing permits, right of way agreements, and more, within the city.

Thomas Robinson, president and CEO of CBG Communications, detailed trends in local telecom policy and what to look out for going forward.

One nationwide trend in local policy he noted to watch for are One-Touch Make Ready laws, or the various statutes and local ordinances passed by local governments and utilities in the United States, which require the owners of utility poles to allow a single construction crew to make changes to multiple utility wires.

“There are twenty states that have their own OTMR laws and have opted out of the federal OTMR,” said Robinson, “Vermont just started putting its OTMR laws into place in an effort to speed deployment.”

Robinson noted that trends in wireless telecom policy at the state and federal level continue to change and work to limit local authority.

“Stay tuned,” warned Robinson, “the landscape is likely to change again.”

Spectrum

FCC Votes to Preserve Parts of 12 GHz Spectrum Band for Satellite Use

In light of technical evidence, the FCC has voted to preserve 12.2-12.7 GHz band for satellite purposes.

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Photo of FCC Commissioners Nathan Simington, Brendan Carr, Jessica Rosenworcel, Geoffrey Starks (left to right)

WASHINGTON, May 18, 2023 – The Federal Communications Commission voted in an open meeting Thursday to preserve parts of the 12 GHz spectrum band for advanced satellite service.

The FCC adopted rules to preserve spectrum in the 12.2-12.7 GHz band for satellite services by refusing to authorize two-way, high-powered terrestrial mobile use on the same band due to the significant risk of harmful interference to existing satellite services.  

“In 12.2 we are correcting course in response to technical evidence,” said FCC Commissioner Geoffrey Starks in his comments. “Based on the studies filed, our engineers have concluded to date that high-powered mobile broadband when deployed throughout the country will interfere with established and emerging satellite services that serve millions of customers and is growing.” 

“I would have welcomed a path forward that allowed both services to thrive, but for now, it is time for us to adapt,” he concluded. 

The FCC also adopted a proposal to repurpose some or part of the 12.7-13.25 GHz band to support flexible terrestrial wireless use and is seeking comment regarding the action. 

Starlink, SpaceX’s satellite broadband service provider said in a letter to the FCC earlier this month that it appreciated that the proposal to reject the use of high-powered mobile operations in the 12.2-12.7 GHz band would be considered.  

The company has raised alarm for years about potential interference issues if the commission opens the band to mobile use.  

RS Access said in a letter to the FCC that the band is compatible with both mobile and satellite operations. The letter suggested that the FCC “tentatively conclude” that high-power fixed operations are compatible with other “co-primary operations.” 

The company’s CEO, Noah Campbell, issued a statement following the FCC’s Thursday decision stating that he “welcomes the FCC’s unanimous and bipartisan vote on how to enable valuable consumer services in the 12 GHz band.”

Chairwoman Jessica Rosenworcel concluded her remarks with a plea for Congress to reauthorize spectrum auction authority to the FCC, which expired in March for the first time in its history. 

“Restoring this authority will provide the United States with the strongest foundation to compete in a global economy, counter our adversaries’ technology ambitions, and safeguard our national security,” she said. 

Continued crackdown on illegal robocalls and more flexible rules for 60 GHz spectrum

The FCC also approved and adopted new rules to further expand its robocall blocking requirements for voice carriers. The new rules will extend several call blocking requirements to include voice service providers that are not currently covered by FCC rules. 

In November, the FCC ruled that straight-to-voicemail robocalls will be subject to the 1991 Telephone Consumer Protection Act’s consumer protections. The FCC has focused its energy over the last few years on eliminating robocall activity in the United States. 

“Today we build on these efforts by clarifying some of our rules designed to put a halt to illegal robocalls. We make clear that all carriers have a duty to respond to traceback requests in 24 hours so we can figure out who is behind any new rash of illegal robocalls,” said Rosenworcel in a statement.  

According to a Federal Trade Commission report, U.S. consumers reported a total of $798 million lost to fraud via phone call in 2022.  

The FCC also adopted new, more flexible rules for the 60 GHz spectrum band to support innovative radar technology, which include important applications that alert drivers to children left in hot cars, detect hand gestures to improve mobility, and assist drones in construction and emergency rescue, among other applications. 

“Welcome to the radar revolution. It is no longer just for tracking planes and measuring weather patterns. That’s because we are on the cusp of deploying radar technology for a much wider range of uses,” said Rosenworcel. “In this decision, we are updating our approach to the 60 GHz band. We are modernizing it so that it can be used to its full potential.” 

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Spectrum

Wireless Providers Urge Congress to Move on FCC Spectrum Auction Authority

Small wireless carriers urge Congress to give FCC authority to auction spectrum.

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Screenshot of FCC meeting

WASHINGTON, May 15, 2023 – A group of small and regional wireless carriers urged Congress to reinstate the Federal Communications Commission’s spectrum auction authority in a letter sent to the hill on Thursday. 

“We urge Congress to swiftly act to reinstate the FCC’s authority to auction spectrum,” read the letter. “We depend on auctioned and licensed spectrum to offer the communities we serve the latest wireless innovations and secure and reliable service.” 

By allowing the FCC’s authority to lapse, continued the letter, Congress has “jeopardized our country’s wireless leadership and the benefits of wireless connectivity in rural, regional, and nationwide markets.” 

For the first time in its history, the FCC’s spectrum auction authority lapsed on March 9 following Congress’ inaction to pass a bill that would extend the agency’s authority. The authority to auction spectrum was first given to the FCC in 1994 and the agency has since hosted over 100 auctions and raised more than $233 billion in revenue.  

“For three decades, the FCC’s authority to auction the nation’s airwaves has been an indispensable tool for harnessing the promise of new wireless technologies while also spurring economic growth, creating jobs, and strengthening our national security and global leadership,” wrote Chairwoman Jessica Rosenworcel in a statement following the expiration. 

The Senate failed to act on a bill passed by the House in February that would extend the FCC’s authority to May 19 when Senator Mike Rounds, R-South Dakota, and Mazie Hirono, D-Hawaii, proposed the deadline be pushed back to September 30 instead.  

Rounds and Hirono argued that the date change would allow the Department of Defense and the National Telecommunications and Information Administration to complete a study on the impact of repurposing government spectrum for commercial use. 

Senator Peter Welch, D-Vermont, objected to the data change, claiming that it would prove a disincentive to a swift agreement on behalf of consumers. The delay in passing the bill sparked frustration in the House. 

“We are disappointed that the Senate has not acted to [pass the bill] because of the objections of one Senator, and that the FCC’s authority to issue spectrum licenses will expire for the first time ever as a result,” read a statement issued by Representatives Frank Pallone, D-New Jersey, Cathy Rodgers, R-Washington, and others. 

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5G

Crown Castle CEO Says 5G Plus Fixed Wireless Can Rival Fiber Connections

Experts say that 5G increases fixed wireless speed to be a competitor to wired networks.

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Photo of Jay Brown, CEO of Crown Castle from Alter.

NEW ORLEANS, May 11, 2023 – Fifth generation mobile networks has enabled fixed wireless technology to be deployed in areas where it wouldn’t have been accepted otherwise, said Jay Brown, CEO of communications infrastructure company Crown Castle at a Connect (X) forum here on Wednesday.

Fixed wireless will never be a true replacement for a wired network, said Brown, but providers have been successful thus far because running 5G on a fixed wireless network brings speeds up to par with wired connections. “The speeds you get on a fixed wireless network [with 5G] are matching that of the wired solution,” he said.

We’ve seen that if given a choice, consumers will choose wireless over a wired connection, Brown continued, speaking at the Wireless Infrastructure Association trade show. Providers have noted an increase in demand for small cell towers that transmit wireless over a high frequency in a small geographic area, he claimed.

For many communities, managing aesthetic is singularly important and this desire fuels the deployment of small cells, he said.

Due to the faster speeds that 5G enables, providers are seeing deployment in areas that would not have accepted it otherwise due to its lower speeds, added Steve Vondran of American Tower, provider of wireless communications infrastructure..

This allows providers to enter previously untapped networks and connect people across rough terrain and in rural areas, he said.

“Fixed wireless is driving incremental returns but this is just the first application [of 5G],” said Brown. Our use cases haven’t evolved to utilize the full capacity of 5G, agreed Vondran.

Spectrum concerns

However, for wireless providers, spectrum allocations are a continuous concern. The Federal Communications Commission’s spectrum auction authority which allows it to auction spectrum for private use expired in March.

Vondran suggested that the government will need to work with the Department of Defense which holds a significant amount of spectrum to make more available privately.

“If the demand drivers are as predicted, we will need more spectrum made available,” said Jeff Stoops, CEO of SBA Communications.

Until more spectrum is released, industry leaders expect that spectrum shortages will lead to great densification of the networks, the process of increasing small cell towers in an area to address growing demand.

Leaders of the FCC urged lawmakers in a letter dated in April to extend the agency’s spectrum authority amid demands for more across the industry.

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