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Spectrum

Spectrum Stakeholders Comment on NTIA’s Proposed National Strategy

Trade groups and other organizations disagreed over issues such as spectrum sharing.

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Photo from Adobe Stock used with permission

WASHINGTON, April 18, 2023 — A broad range of industry groups and other stakeholders on Monday provided recommendations for the National Telecommunications and Information Association’s proposed National Spectrum Strategy, showcasing widespread acknowledgement of the need for more spectrum alongside sharp disagreement over issues such as spectrum sharing.

In March, the NTIA requested public input on the strategy’s three pillars: developing a spectrum pipeline to ensure U.S. leadership, establishing a long-term planning process, and expanding access and capacity through technological development.

“Given the lack of ‘greenfield’ spectrum, future spectrum management must focus on making all systems, both commercial and governmental, as efficient as possible to encourage the best use of spectrum across all users,” said TechFreedom General Counsel James Dunstan in a statement. “This includes both transmitter and receiver performance efficiencies.”

While federal policy and market forces have driven commercial spectrum licensees to increase efficiency, Dunstan claimed that “similar forces have long been lacking among government spectrum users.”

Establishing a government spectrum fee could help incentivize these federal users to share or vacate spectrum, Dunstan said.

Similar concerns about federal spectrum use were expressed by the think tank Free State Foundation, which submitted comments saying that the government’s “substantial swaths of spectrum” were being underutilized.

The Free State Foundation argued that the National Spectrum Strategy’s short-term priority should be “accomplishing the repurposing of more mid-band spectrum for exclusive licensed use, starting with the 3.1-3.45 GHz band.” In addition, they wrote, the NTIA should generally “prefer licensing on an exclusive rather than on a shared basis.”

Other organizations, including the Wireless Internet Service Providers Association, advocated for increased spectrum sharing.

“On top of wired alternatives such as fiber, WISPs use licensed, shared and unlicensed spectrum as core infrastructure to carry reliable broadband to nine million Americans,” said Louis Peraertz, vice president of policy for WISPA. “Having more commercial spectrum would allow them and others to more flexibly achieve the national policy prerogative of universal service to all Americans quicker and at far less cost to taxpayers.”

Without new spectrum access, wireless networks will fail to meet demand within the next few years, according to a report from The Brattle Group released Monday by wireless trade association CTIA.

“Spectrum availability is the key to solving the capacity shortfall and Congress, the [Federal Communications Commission], and other policymakers should work to allocate more spectrum for licensed mobile uses in a timely manner,” the researchers wrote. “Otherwise, the U.S. may run the risk of losing leadership in the international wireless space due to unavailability of licensed spectrum.”

The stakeholder comments highlighted several other benefits of increased access to mid-band spectrum, including 5G deployment, innovation and international competition.

“Unlocking valuable mid-band spectrum will help bring 5G services to American consumers more quickly,” said Stephanie Joyce, senior vice president and chief of staff for the Computer & Communications Industry Association.

Joyce pointed to the lapse in the FCC’s spectrum auction authority after Congress failed to extend it in March, saying that it “forces us to rely on existing spectrum bands to bring emerging technologies to market in order to foster innovation and boost the U.S. economy.”

CTIA President and CEO Meredith Attwell Baker also expressed concerns about the auction authority, saying that its expiration and the current lack of a “pipeline of full-powered, exclusive-use licensed spectrum risks our ability to meet accelerating demand for wireless broadband, counter China’s ambitions, secure our economic competitiveness and enhance national security.”

Reporter Em McPhie studied communication design and writing at Washington University in St. Louis, where she was a managing editor for the student newspaper. In addition to agency and freelance marketing experience, she has reported extensively on Section 230, big tech, and rural broadband access. She is a founding board member of Code Open Sesame, an organization that teaches computer programming skills to underprivileged children.

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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Spectrum

FCC Urges Lawmakers to Extend Spectrum Auction Authority

The FCC’s spectrum auction authority expired in March.

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The four commissioners of the FCC

WASHINGTON, April 19, 2023 – The leaders of the Federal Communications Commissions have urged lawmakers in a letter Tuesday to extend the agency’s spectrum auction authority with urgency before the World Radiocommunication Conference in November.

“Restoring this authority will provide the United States with the strongest foundation to compete in a global economy, counter Chinese technology leadership ambitions, and safeguard our national security,” said the letter, signed by the chairwoman and her three commissioners. “Importantly, the United States cannot afford to wait.”

“The global community will soon convene for another World Radiocommunication Conference to determine the future of spectrum policy, and we must send a strong signal in advance of that meeting of our continued commitment to lead in coming generations of wireless technologies,” added the letter.

The letter is addressed to Cathy McMorris Rodgers, R-Washington, chair of the House Energy and Commerce, and Frank Pallone, D-N.J., ranking member on that committee; Maria Cantwell, D-Washington, chair of the Senate Committee on Commerce, Science and Transportation, and Ted Cruz, R-Texas, ranking member of that committee.

The commission’s authority to auction the airwaves essential for the deployment of wireless technologies had expired in March for the first time in its thirty-year history. The authority was briefly extended a couple of times before that.

“In previous years, Congress has always acted to extend the Commission’s auction authority without interruption,” the letter added. “We look forward to working with you now to ensure the speedy enactment of legislation reauthorizing the Commission’s spectrum auction program, so that we can once again use this authority in service of consumers, businesses, and national security.”

Lawmakers, including Rodgers and Pallone, expressed disappointment with the Senate days after the expiry in March for failing to move legislation passed in the House that would have extended the authority to May 19.

It stalled in the upper chamber due to objections over the length of the authority extension to allow for the completion of a Department of Defense and National Telecommunications and Information Administration study on repurposing government spectrum for commercial use.

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