Spectrum
FCC Commissioner Brendan Carr on the Future of Spectrum Sharing

January 15, 2021 – The United States has rapidly increased its cell tower construction over the past four years, according to Federal Communications Commission Commissioner Brendan Carr.
During a virtual event sponsored by the American Enterprise Institute, Commissioner Carr said that in the four years before Ajit Pai became chairman at the agency, the U.S. built approximately 4,000 new towers. While in 2016, merely 708 towers were built. In 2019, the latest year for which data exists, 46,000 new towers were built.
Overcoming regulatory processes which slowed progress at the FCC, allowed the private sector to build more towers and play a significant role in the increase of construction.
Now, Carr says the FCC’s next priority is understanding which spectrum bands are best suited for urban and densely populated areas and which are most effective in rural populations, in order to have proper and efficient propagation.
Carr said allowing the private industry to keep innovating in this field will help bring solutions to these spectrum proliferation issues.
According to Carr, since 2017, thousands of megahertz of unlicensed spectrum have been freed up. He further reported that rolling back unnecessary regulations has led to an $80 billion spectrum auction, currently in the works.
According to Carr, the chair needs to extend political capital to improve spectrum management. Some interagency disagreements and debates cause barriers to deployment and innovation, but Carr notes that this can be a good sign, meaning that intense debate ensures all spectrum is utilized to its full potential.
Years of progress in freeing up spectrum were made due to the pandemic, he said. Historically, spectrum has been a bipartisan issue. Carr said that the challenge now is not to allow interagency disputes to take over and maintain healthy relationships with Capitol Hill, as more stakeholders are involved.
Carr said he believes that the FCC is a world leader in the management and use of radio spectrum, and that other countries have not embraced spectrum auctions to their advantage because they aim to maintain more long-term control over the spectrum and retain a high return on investment for the treasury.
A panel following Commissioner Carr’s remarks discussed spectrum sharing
“With so much demand for it coming from the government, private, and commercial consumers, these networks must be deployed efficiently,” said Joel Thayer, associate at Phillips Lytle. According to Thayer, more than 90 percent of spectrum below 8 GigaHertz is shared spectrum.
Any spectrum-sharing solution is very complicated and may require dozens of operating parameters for any system, said Peter Rysavy, president of Rysavy Research.
Rysavy clarified a common misconception between dynamic spectrum access and dynamic spectrum sharing: Dynamic spectrum access is a general engineering term for systems that dynamically sense whether other entities are using the spectrum. In contrast, dynamic spectrum sharing is a specific capability in 5G that enables 5G radios to share the same radio channel as a 4G LTE signal.
The dynamic spectrum sharing allows operators to roll out 5G faster since they don’t need to use a cleared spectrum and use existing 4G spectrum bands while introducing a 5G signal. In the context of 5G, DSS is a specific well-specified capability for that function.
Patricia Paoletta, a partner at Harris, Wiltshire & Grannis, said that the incoming Biden Administration will be for more dynamic sharing and licensing.
Spectrum
Industry Dissent on Whether Spectrum Sharing is Sustainable
Experts disagree on the capabilities of spectrum sharing, particularly the CBRM model.

WASHINGTON, March 22, 2023 – Industry leaders disagreed on the capabilities of spectrum sharing and its future in the United States at a Federal Communications Bar Association event Wednesday.
Dynamic spectrum sharing – a technology that allows for 4G, LTE, and 5G wireless to be used in the same frequency bands – is essential to a successful national spectrum strategy, said Jennifer McCarthy of Federated Wireless.
Establishing a combination of access points for one frequency band can open its availability for all prospective users, she continued, touting the success of the Citizens Broadband Radio Service established by the Federal Communications Commission in 2012.
CBRS is the spectrum in the 3.5 GHz to 3.7 GHz band which is shared through a three-tiered framework. Access to the spectrum is managed by a dynamic spectrum access system where incumbent users have protected access, priority access users enter through competitive auction, and general authorized access is given to a broad pool of users when not in use by others.
Representative of T-Mobile, John Hunter, disagreed, claiming that dynamic spectrum sharing means there is less power available for technologies, particularly on higher frequencies that don’t propagate very far despite power disparities. As such, deploying the CBRS framework at scale across the country is not cost-feasible, he said.
We should not conclude to share just for the sake of sharing, he said, particularly because it will decrease utility of the band so much that it will decline quality of networks down the line. “In many cases, sharing just outright won’t work,” said Hunter.
Colleen King, vice president of regulatory affairs at Charter Communications, pushed against the argument that dynamic sharing’s lower power will stop providers from providing great service, claiming that it instead allows for more carriers to provide great service. In fact, the CBRS auction had 228 winning bids, 10 times the amount of other spectrum auctions, she said.
The FCC’s Communications Marketplace Report showed that in one market where Verizon is using the CBRS framework, the company is providing “much faster speeds” than its other markets, King cited. Charter will use the CBRS system for its spectrum uses, she said.
Panelists nevertheless agreed on the importance of maintaining US leadership in the spectrum space by developing a national spectrum strategy to address sharing issues.
The panel followed considerable debate over spectrum allocation, sharing, and expansion. Earlier this week, industry leaders suggested that the allocation process be updated in preparation for future disputes. Additionally, debate continues over whether 5G operations can be shared on the 12 GHz spectrum with satellite service providers.
Spectrum
Experts Call for Spectrum Allocation Reform, Pointing to C-Band Clash Between Airlines and 5G
Panelists emphasized the need to allow more time for research and collaboration throughout the auction process.

WASHINGTON, March 20, 2023 — Although the wireless and aviation industries’ fight over mid-band spectrum has been largely resolved, regulators and experts from both industries agree that the allocation process should be updated in preparation for future disputes.
The challenge for regulators is to balance the “importance of more spectrum for the commercial industry to allow a critically important technology, 5G, to expand… against the equally important issue of, we can’t have airplanes falling out of the sky because their altimeters are being interfered with,” said Lawrence Strickling, former administrator at the NTIA, at an Information Technology & Innovation Foundation event on Monday.
The disagreement between the two industries peaked in January 2022, when the Federal Aviation Administration warned that the safety concerns surrounding major wireless carriers’ planned 5G rollout would lead to widespread flight delays and cancellations — causing an “economic calamity,” according to the leading airline industry association.
The airline industry’s concern was that 5G might interfere with radio altimeters, which provide critical elevation data for flight safety and navigation equipment, explained Jennifer Holder, director of aviation safety and regulatory affairs for Boeing, at the ITIF event.
“In the aviation industry, we don’t deal in ‘mights,’” Holder said. “You have to prove it’s safe.”
Wireless companies agreed to temporarily postpone deployment and work with aviation stakeholders to find a compromise. “We believe we have identified a path that will continue to enable aviation and 5G C-band wireless to safely co-exist,” Acting FAA Administrator Billy Nolen said in June.
Although that particular crisis was averted, many stakeholders agreed that the situation proved the need for an updated spectrum allocation process.
“Spectrum allocation works really, really well for the most part,” Strickling said. “But when you get into these really, really important issues that have severe consequences for different parties, it requires a little more coordination… at an interagency level to avoid the kind of controversy and disappointments that the altimeter controversy created.”
In addition to cooperation between multiple federal agencies, Strickling emphasized the importance of White House involvement with this type of challenge.
Mid-band spectrum remains a key part of innovation in the wireless industry, explained Tom Power, senior vice president and general counsel for wireless trade association CTIA. The C-band is sometimes nicknamed the “Goldilocks band” because it balances the advantages of the lower and higher bands to provide both range and speed, he said.
“It is really important for the nation in terms of the economy and productivity and jobs that we find opportunities, particularly in mid-band spectrum,” he added.
Panelists call for advance planning from both industry and government
Given the thoroughness of aviation standards processes, Holder emphasized the importance of the FAA anticipating emerging technologies rather than responding after problems arise.
However, she also called for updates to the Federal Communications Commission’s rulemaking and allocation procedures to allow more time for research and communication.
“Over the years, it does feel like we’ve had to play defense on spectrum auctions… It is incredibly challenging to evaluate whether or not you have a safety of flight issue in a 30 to 90 day time period,” Holder said.
Strickling agreed, saying that industry stakeholders should be given “as much advance notice as possible” about the potential allocations or reallocations of various spectrum bands.
Previous studies on interference have arrived at different results, Strickling added. Slowing down the auction process could allow more time for competing interests to come together in the design and execution of research.
But before changes to the allocation process are made, the FCC’s spectrum auction authority — which Congress failed to extend earlier in March — must be renewed, panelists agreed.
“This C-band issue has obviously been challenging, but it really is a small bump in the road compared to what we’re facing if we don’t restore spectrum auction authority,” Power said.
Spectrum
FCC Seeking Comments on Licensed Spectrum Allocation for Unmanned Aircraft
Amazon began launch of drone deliveries in two U.S. cities late last month.

WASHINGTON, January 4, 2023 – More than two years after its urging, the Federal Communications Commission said Wednesday that it is seeking comment on crafting rules for opening up the lower 5 Gigahertz spectrum band to unmanned aircraft systems, days after Amazon Prime Air began deliveries in two cities using drone technology.
The commission is seeking comments on providing these operators with access to licensed spectrum in the 5030-5091 MHz band for “safety-critical” wireless communications, on whether the commission’s rules on flexible-use spectrum bands are adequate to ensure “co-existence” of ground mobile operations and unmanned aircraft system use, and on a proposal to require such operators to get a license to communicate with air traffic control and other aircraft.
Currently, such unmanned systems operate primarily under unlicensed and low-power wireless communications rules or experimental licenses, according to the FCC. “Given the important current and potential uses for these systems, the Commission will consider ways to improve the reliability of their operations,” the commission said in a release.
“It is past time that we assess the availability of wireless communications resources for the increasingly important remote-piloted aircraft activity we rely on today,” added Chairwoman Jessica Rosenworcel in the release. “The FCC must ensure that our spectrum rules meet the current – and future – spectrum needs of evolving technologies such as unmanned aircraft systems, which can be critical to disaster recovery, first responder rescue efforts, and wildfire management.”
Because it involves flying machines, the rules implicate the Federal Aviation Administration, and because it possibly implicates federal spectrum, it brings in the National Telecommunications and Information Administration, which governs the federal use of spectrum.
“Accordingly, a whole-of-government approach is needed to ensure that this proceeding addresses the relevant concerns and issues within the responsibility of each stakeholder agency and that our efforts in this area work in complement with those of our federal partners to support and promote the safe and productive operation of UAS,” the FCC said in its notice of proposed rulemaking.
The support for wireless communications with UAS in the 5030-5091 MHz band is not new. In 2020, the FCC released a report – mandated by Congress in the FAA Reauthorization Act of 2018 – that found that “alternative frequencies licensed under flexible-use service rules are a promising option for UAS communications,” and that the commission “begin a rulemaking to develop service and licensing rules enabling UAS use of that band.”
The request for comments come after Amazon, which began deliveries of packages using drones in California and Texas last week, asked the FCC in November to allow near-ground level drones to utilize the 60-64 GHz band to facilitate safe operations of the drone.
Amazon had asked the commission to adopt a new perspective on drones, saying a “drone package delivery operating near ground level operates much more like a last-mile delivery truck than a cargo plane.”
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