Thursday, May 11, 2023

FCC Set to Vote on Future Spectrum Use in the 12.2 GHz and 12.7 GHz Bands

At its May 18 public hearing, the FCC will be voting on a Report and Order and Further Notice of Proposed Rulemaking regarding use of spectrum in the 12.-12-7 GHz (12.2 GHz) band. The draft Report and Order, if approved by the Commission, would not authorize high-powered terrestrial mobile broadband services to operate in the 12.2 GHz band. The Report and Order cites apparent concerns about significant risk of harmful interference with existing and emergent services that use the 12.2 GHz band, including satellite services, as the basis for that policy conclusion. However, the Report and Order would continue investigation into the potential for terrestrial fixed use or unlicensed use in the 12.2 GHz band.  

The 12.2 GHz item now teed up for the Commission's May 18 public meeting also includes a Notice of Proposed Rulemaking and Order regarding expanded use of the 12.7-13.25 GHz (12.7 GHz) band for mobile broadband or other use. In its draft NPRM and Order, the Commission states:

[W]e propose to repurpose some or all of the 550 megahertz of mid-band spectrum for mobile broadband or other expanded use. The record demonstrates substantial support for repurposing these mid-band frequencies for next-generation wireless technologies including 5G, 5G Advanced, and 6G services that will depend on extremely high data rates, and the reliability, low latency, and capacity that the 12.7 GHz band spectrum can provide.

Without expressing any view on the merits of the Commission's determinations about potential significant harmful signal interference in the 12.2 GHz band or on any specific proposals for future use in the 12.7 GHz band, the Commission's forthcoming vote on the 12.2 GHz and 12.7 GHz bands is important because it is a step toward maximizing use of those valuable mid-band spectrum resources. The NPRM and Order on the 12.7 GHz rightly recognizes the significance of mid-band spectrum for the future of commercial wireless services in the U.S. And with the 12.2 GHz/12.7 GHz item scheduled for a vote on May 18, Commission appears to making a good faith effort to fulfill its public trust to promote valuable use of spectrum.