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WISPA Policy Heads Optimistic on More Spectrum

But they worry a change in FCC data collection could jeopardize BEAD funds for wireless providers.

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Photo of the panel at WISPAPALOOZA by Jake Neenan

LAS VEGAS, October 16, 2023 – Policy heads at the Wireless Internet Service Providers Association said on Wednesday they are optimistic about the Federal Communications Commission opening more spectrum for fixed wireless broadband providers.

Speaking on a panel at WISPAPALOOZA, the annual conference of small and fixed wireless internet providers, WISPA lawyers and policy heads touted a recent win on the Citizen’s Broadband Radio Service. The group is now making arguments for unlicensed use in the 12.20 to 13.50 GHz and 42 to 42.5 GHz bands, among others.

The CBRS is 150 megahertz of spectrum from 3550 MHz to 3700 MHz. It is available for use on a tiered basis. Government agencies get first preference, followed by those who purchased a “Priority Access License” from the FCC. The band is open at no cost for general access use, provided users do not interfere with the top two access tiers.

The Department of Defense manages a “dynamic protection area” system that tier-one users can use to activate CBRS bands in certain areas, kicking off PAL and general access users temporarily.

WISPA has been meeting with the DoD and the National Telecommunications and Information Administration to push them to ensure government users are activating DPAs judiciously, said Richard Bernhardt, the group’s vice president of spectrum and industry.

The group’s concern, he said, is that government agencies will disrupt WISPs operating on the CBRS if they activate protection areas for longer or on more bands than is necessary.

“Sharing doesn’t mean ‘just give us the crumbs that come out at the end.’ It means sharing,” he said.

WISPA is coming off a recent win on CBRS. The FCC changed on September 19 the frequency with which users are reauthorized in certain areas.  In areas and bands not essential for government operations – the bottom 150 MHz and top 50 MHz outside of coastal DPAs – the commission extended that time from five minutes to 24 hours. 

That will allow for more consistent service for WISPs using the CBRS because they will no longer be kicked off the spectrum for short disruptions in communication with the FCC’s spectrum access system.

There were originally two separate proceedings before the FCC dealing with 12,20 to 12.70 GHz and 12.70 to 13.25 GHz. The commission joined them in May into a single preceding, for which the comment period ended on September 8.

WISPA is pushing for sharing in the bands on an opportunistic basis, said Steve Coran, WISPA’s counsel and an attorney at Lerman Senter. That would allow WISPs to use spectrum without impeding incumbents already in the band.

Coran said this has a better chance of succeeding on the lower spectrum band, 12.20 to 12.7- GHz.

“Reading the tea leaves,” he said, the top band “seems to be set up for mobile.” But the lower band has less competition.

“I’m seeing a clear path on that,” he said.

The FCC also released in June a proposal on making 500 MHZ from 42 to 42.5 GHz available for use.

Comments ended on that proceeding about two weeks ago. WISPA’s filings make familiar proposals: the group wants non-exclusive licensing with an automatic frequency control system to prevent interference.

Providers would be able to operate in an area for 10 years, provided they deploy infrastructure within a year of receiving authorization.

There are other proposals, Coran said, including mobile use and a spectrum sensing plan from Qualcomm. 

But Coran said he was not clear no how much energy is behind those arguments. “I don’t even know if they believe what they’re asking for,” Coran said of the Qualcomm proposal.

Technology codes and BEAD

The FCC also introduced a new technology code for its Broadband Data Collection program. Code 72 now houses fixed wireless internet using licensed-by-rule spectrum. That includes providers using the CBRS.

“We got pretty concerned,” said Louis Peraertz, WISPA’s vice president of policy.

That’s because the $42.5 billion Broadband Equity Access and Deployment program does not specify whether to categorize CBRS and similarly distributed spectrum as licensed or unlicensed. The program’s rules exclude unlicensed spectrum from the definition of reliable broadband, making the technology ineligible for BEAD funding.

WISPA heads met with the NTIA in January to voice concerns, but the agency did not give them a clear answer on what it plans to do about licensed-by-rule spectrum, Peraertz said.

Reporter Jake Neenan, who covers broadband infrastructure and broadband funding, is a recent graduate of the Columbia Journalism School. Previously, he reported on state prison conditions in New York and Massachusetts. He is also a devoted cat parent.

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CES 2024: NTIA and House Commerce Weigh in on Spectrum Policy

Reinstating FCC auction authority is the ‘number one priority’ of the Energy and Commerce Committee Chair.

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Photo of the panel by Jake Neenan

LAS VEGAS, January 12, 2024 – A senior National Telecommunications and Information Administration advisor and the chief lawyers for both Democratic and Republican sides of the House Subcommittee on Communications and Technology talked about their spectrum policy priorities on Thursday at CES.

The group touted U.S. wins at the World Radiocommunication Conference in Dubai, as well as lawmakers’ goals for spectrum auction authority heading into 2024.

World Radio Congress

Going into the conference, in which representatives from around the world meet to coordinate spectrum usage, “the 6 GigaHertz (GHz) issue was the top priority of the U.S. government,” said Phil Murphy, a senior advisor at the NTIA.

The band was set aside in 2020 by the Federal Communications Commission for unlicensed use in the United States, but some countries like China wanted to see some of the band tapped for 5G mobile use, Murphy said.

The U.S. delegation was ultimately able to deliver in December: the conference decision set aside 700 MegaHertz (MHz) for mobile, but left the door open for regulatory agencies to approve unlicensed use throughout the band.

That’s a win for the American Wi-Fi industry: the Wi-Fi alliance announced its official Wi-Fi 7 certification on Monday ahead of the tech conference. The new generation supports wider spectrum channels and multi-link operation, both of which will make use of the 1,200 MHz of real estate in the 6 GHz band.

“We’re really excited by the results,” Murphy said. “We’re really excited to see 6 GHz moving forward, not just here in the United States, but in other parts of the world as well.”

Auction authority

The Federal Communications Commission’s authority to auction and issue licenses for the commercial use of electromagnetic spectrum expired for the first time in March 2023. That’s not an issue for technologies like Wi-Fi, which don’t require such licenses to operate in bands set aside for unlicensed use, but it is important for ever-expanding 5G networks and wireless broadband.

“The Chair’s number one priority is to reauthorize the FCC spectrum auction authority that expired in March,” said Kate O’Connor, chief counsel for the Republican majority on the communications and technology subcommittee. “Even if it hasn’t been public, there’s been a lot going on behind the scenes.”

Jennifer Epperson, chief counsel for the Democratic side of the subcommittee, and Murphy, the NTIA advisor, agreed on the importance of the issue. 

“I think reauthorizing the FCC’s spectrum auction authority is a priority for the administration as well,” he said. “There’s probably spectrum that the FCC has available to auction right now, but they can’t because they don’t have the authority to do so.”

At a House oversight hearing in November, FCC Chairwoman Jessica Rosenworcel said “I have a bunch of bands sitting in the closet at the FCC,” pointing to 550 MHz in the 12.7-13.25 GHz band as spectrum the agency could go to auction with “relatively quickly.”

Efforts at blanket reauthorization have stalled publicly since a bill cleared the House Energy and Commerce Committee in May, but a stopgap measure allowing the Commission to issue licenses that had been purchased before the lapse was signed into law in December.

“With the funding bills coming up, we’re taking a look and hoping that we can turn this on as soon as possible,” O’Connor said.

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Spectrum

CES 2024: NTIA to Release Spectrum Strategy Implementation Plan in March

The plan will hand down start dates and timelines for the strategy’s goals.

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LAS VEGAS, January 11, 2024 – The National Telecommunications and Information Administration is planning to have an implementation plan for the National Spectrum Strategy in March, a senior agency official said at CES on Thursday.

“We have an implementation plan that’s going to be out sometime in March,” said Phil Murphy, a senior advisor at the NTIA. “We’re really excited about the next steps.” 

The White House first unveiled the plan in November. It involves studying nearly 2,800 megahertz of spectrum for potential repurposing amid growing commercial demand. The plan also calls for a revamped spectrum pipeline with increased communication between government agencies and the private sector, as well as establishing a testbed for spectrum sharing.

The Biden administration also tasked the NTIA with producing an implementation plan within 120 days, putting the planned March release near the end of the agency’s window.

The implementation plan will, according to the NTIA, set up specific outcomes for each of the strategy’s “strategic objectives.” The plan will also designate responsible parties and set out start dates and timelines for their work.

Those strategic objectives are peppered throughout the strategy document, numbering 12 in total. They include ensuring spectrum resources are available for government and the private sector, developing an evidence-based spectrum allocation methodology, a spectrum research and development plan, and improving policymakers’ understanding of spectrum issues.

The agency took public comments on the implementation plan until January 2.

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Spectrum

CES 2024: More Spectrum and Auction Authority Necessary for 5G

The White House released a long-term spectrum plan in November, but the FCC still lacks auction authority.

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Photo of the panel by Jake Neenan

LAS VEGAS, January 9, 2024 – More spectrum will be necessary to expand 5G mobile networks in the United States, experts said at CES on Tuesday.

“We need to not only open up more spectrum bands, we need to use them as efficiently as possible,” said Chris Lewis, president and CEO of consumer advocacy group Public Knowledge.

Lewis cited as a step in the right direction the National Spectrum Strategy, a plan put forward by the White House in November to study almost 2,800 MHz for potential repurposing and to set up a long-term spectrum planning framework.

Beefing up the nation’s spectrum pipeline, as well as promoting unlicensed use and dynamic spectrum sharing, should be positive for 5G adoption going forward, Lewis said.

The plan “set down the right principles to move forward,” he said.

For all that to come to fruition, the Federal Communications Commission will need its spectrum auction authority renewed, something the Commission has been pushing lawmakers on. Congress let the authority lapse for the first time in March, and efforts to reinstate it have stalled. 

A stopgap measure was passed in December allowing the Commission to issue licenses that had been purchased before the lapse. Those will be used, largely by T-Mobile, to expand 5G footprints.

The World Radiocommunications Conference also tapped in December several hundred megahertz of spectrum for licensed, mobile use globally, part of an effort to help satiate the demand for growing 5G networks.

Some of that has already been reserved for Wi-Fi and other unlicensed use in the United States.

Chris Emmons, vice president of devices and accessories at Verizon, said freeing up more spectrum would allow the company to continue expanding home broadband on its 5G networks. Some states have flagged concerns about the capacity on those networks, as cell traffic is prioritized during congestion, but Emmons said fixed wireless broadband is more adequate on 5G networks than on previous standards.

“Fixed wireless access for consumers has been a dream for a long time,” he said. “There were 3G attempts, there were 4G attempts… There have been a lot of things that people have tried over the years, but we’ve actually seen a fixed wireless solution now that scales successfully.”

“As long as we continue to get the spectrum we need, we will engineer that properly and provide for all these use cases,” Emmons said.

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