Wireless
GOP Senators Want NTIA to Revisit View That Unlicensed Spectrum Networks Are Not ‘Reliable’
The coalition sent a letter to NTIA head Alan Davidson urging the agency to reconsider the policies outlined in the BEAD NOFO.

WASHINGTON, November 22, 2022 – Led by Montana’s Steve Daines, a coalition of Republican senators on Tuesday urged the head of the National Telecommunications and Information Administration to remove regulatory barriers facing networks that rely entirely on unlicensed spectrum.
In the notice of funding opportunity for the $42.5 billion Broadband Equity, Access, and Deployment program, the NTIA stated that any fully unlicensed networks will not be considered a “reliable broadband network,” and therefore all locations served exclusively by such networks will be classified as unserved.
The coalition, which included Ted Cruz, R-Tex., John Cornyn, R-Texas, and Marsha Blackburn, R-Tenn., sent a letter to NTIA head Alan Davidson urging the agency to reconsider, arguing the NTIA’s BEAD notice was at odds with congressional intent and precedent set by the Federal Communications Commission.
“Broadband is not a one-size-fits all service. Different states, regions, communities and differing terrain will require different solutions. Removing options off the table will result in communities being left behind,” the senators wrote. “Solutions that work in urban areas may not work in rural America where farms and homes can be miles apart. Likewise, what works in flat terrain, may not work well in mountainous areas. It is important that NTIA allow all broadband providers and technology to compete in order to ensure that we finally close the digital divide.”
The senators also expressed concern that the NTIA’s current policy would lead to waste of taxpayer dollars if areas served by otherwise satisfactory unlicensed-only networks are allotted funding for another type of build, such as a fiber deployment.
“This is a great development for [wireless internet service providers], who serve their communities mainly with unlicensed spectrum,” Mike Wendy, director of communications for the wireless-provider trade organization WISPA, said Tuesday. “Instead of fiber-only builds, it would help limited taxpayer resources go further to bring all Americans online.”
Not all industry players are sanguine about the potential of unlicensed spectrum. Gary Bolton, president and CEO of the Fiber Broadband Association and a fervent supporter of fiber-optic broadband, opposed the senators’ stance.
“Senators that are pressing NTIA to include technologies that have been defined as ‘unreliable’ are doing their constituents a huge disservice,” Bolton told Broadband Breakfast Tuesday.
“We have a once in a generation opportunity to get this right,” he added. “Let’s keep broadband about people and ensure that no one is left behind because of their zip code.”
Bolton argued that the NTIA’s BEAD-related policies should facilitate the deployment of long-lasting broadband infrastructure. Bolton also touted fiber as essential to smart grid modernization, public safety, and emerging technologies such as 5G.
Funding
NTIA Confirms Licensed-by-Rule May Apply for BEAD Funding
The move is a win for wireless providers, who have been pushing the NTIA on the issue.

WASHINGTON, November 17, 2023 – The National Telecommunications and Information Administration has moved to confirm some wireless technology will be included in its $42.5 billion broadband grant program.
The agency clarified it will define fixed wireless broadband provided through “licensed-by-rule” spectrum as reliable. That makes providers using that spectrum eligible for funding if fiber is too expensive, and protects them from overbuilding by other projects under the program.
The move is a win for wireless providers, who have been pushing the NTIA to move on the issue since it released the notice of funding opportunity for the Broadband Equity, Access and Deployment program in 2022.
When the BEAD guidelines were first published, they only marked broadband provided via licensed spectrum – frequency bands designated by the Federal Communications Commission for use by a single provider – as reliable broadband.
That meant areas receiving broadband through only unlicensed spectrum – bands set aside for shared use – would be open for BEAD-funded projects from other providers. This is still the case under the clarified rules.
The original guidelines would also put systems like the Citizens Broadband Radio Service in a gray zone. The CBRS uses a tiered license system, with government users, priority license holders, and general users sharing 150 megahertz of spectrum. Each tier gets preference over the one below it, meaning a general access user cannot, for example, interfere with a government system.
Some broadband providers use that spectrum on a general access basis to provide internet service. They were initially marked in the FCC’s broadband data with the same code as fully licensed spectrum, 71. But when the FCC added in January a new technology code specific to licensed-by-rule spectrum, 72, it became unclear how the technology would be treated by the BEAD program.
The NTIA cleared up any confusion on November 9, issuing an updated version of its FAQs specifying the new technology code would be treated as reliable broadband, and thus both eligible for BEAD dollars and protected from overbuilding.
The agencies did not go so far as to comment on the merits of the technology, though, saying in its new FAQ section that it would treat licensed-by-rule as reliable because it was originally classified under 71, with fully licensed spectrum.
Fiber
The High Cost of Fiber is Leading States to Explore Other Technologies
If the state chose to solely install fiber, underserved communities would be left out, said state broadband leaders.

WASHINGTON, November 17, 2023— The high cost of fiber installation has led states to pursue hybrid fiber models to ensure rural and underserved communities have access to the internet.
Speaking at the U.S. Broadband Summit here on Thursday, state broadband officials expanded on the challenges they face in ensuring broadband deployment.
Sandeep Taxali, broadband program advisor with the New Mexico Office of Broadband Access, said that New Mexico’s $745 million allocation under the Broadband Equity, Access and Deployment program falls short of the $1.3 to 2.5 billion that the state would need for full fiber deployment.
If the state chose to solely install fiber, underserved communities would be left out, he said.
“We want to lead with fiber but we also recognize that advanced fixed wireless and hybrid fixed wireless and fiber and satellite have a seat at the table for the very high cost remote areas where fiber is just going to not allow us to get the mission done,” Taxali said.
Jade Piros, director of Kansas Office of Broadband Development said her state is likely chosing to do 75% fiber model and 25% other technologies. Uncertainty of the cost from broadband providers make it difficult to have a standard cost calculation.
“We have to get everybody connected, and that’s why we require a lot of flexibility in shifting our expectations and the willingness to work closely with providers and be responsive to what they’re telling us,” Piros said.
Edyn Rolls, director of broadband strategy at the Oklahoma Broadband Office, expressed optimism that all of the underserved residents in her state would be reached, despite having what she said was an estimated $500 million shortfall.
“We will find the technologies that are going to be less expensive and achieve the needed model,” Rolls said. “We are trying to reach universal access. That is the goal.”
Spectrum
Biden Administration Announces Plan to Free Up Spectrum
The NTIA will study repurposing 2,786 MHz of spectrum in the next two years.

WASHINGTON, November 13, 2023 – The Joe Biden administration announced on Monday a new plan for freeing up and managing wireless spectrum as private sector demand grows.
The White House’s plan calls for a two-year study on potentially repurposing five spectrum bands, a total of 2,786 megahertz. The National Telecommunications and Information Administration, the agency that led development on the plan, is set to conduct the study.
That push for reallocation is driven by growing demand from the private sector, the plan said. Growing technologies like 5G networks, precision agriculture, satellites, and Wi-Fi-connected devices are all hungry for the finite airwaves.
Bands slated for more immediate evaluation are the lower 3 GHz band, 5030-5091 MHz, 7125-8400 MHz, 18.1-18.6 GHz, and 37-37.6 GHz. Those are currently occupied entirely or partly by incumbents like the Department of Defense and other “mission critical” federal operations.
Industry groups support freeing up additional spectrum. Meredith Attwell Baker, president of CTIA, the trade group representing large telecom companies, applauded the plan in a statement, calling it a “critical first step” to that end.
Called the National Spectrum Strategy, the administration’s plan also set the stage for more long-term changes to spectrum planning and allocation.
The White House will develop a new process for that allocation, according to the strategy document. The process will be aimed at increasing communication between government and private sector stakeholders in those decisions.
Currently, the NTIA allocates spectrum for federal users, while the Federal Communications Commission handles spectrum for non-federal purposes. The agencies do coordinate, but the White House is aiming for a more unified process.
“Simply put, the United States needs a better and more consistent process for bringing the public and private sectors together to work through the difficult issues surrounding access to spectrum, including dynamic forms of spectrum sharing,” the strategy reads.
The plan calls for a new evidence-based methodology to help make those decisions, which the White House will develop.
Also in the strategy is a plan to set up designated areas for testing dynamic spectrum sharing and other spectrum research, and a workforce development plan.
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