FCC Updates Over-the-Air Device Rule to Expand 5G

On January 7, the FCC approved a report and order to update its rule for over-the-air reception devices (OTARD) and thereby accelerate 5G fixed wireless infrastructure deployment. As briefly explained in my May 2019 blog, the OTARD rule prohibits local restrictions that unreasonably delay or prevent installation, maintenance or use of an antenna that is installed "on areas within the exclusive use or control" of a property owner or leaseholder. The order expands the rule to include hub and relay antennas used for the distribution of broadband-only fixed wireless services to multiple customer locations, regardless of whether they are primarily used for that purpose. 

According to the order:

Our updated rule will help spur the rapid deployment of fixed wireless networks needed for 5G and other fixed wireless high-speed Internet services. This will benefit consumers by offering faster access to advanced communications services and greater competition among service providers. 

The order cites evidence from the record indicating that this expansion of the OTARD rule will remove local barriers to the placement of equipment needed for fixed wireless network upgrades and reach more homes more quickly. 

 

Credit goes to the Commission for implementing its OTARD rule reform to bring next-generation wireless services to more Americans. 

FCC Keeps C-Band Auction on Track with Today's Public Notice Adoption

Today the FCC continued its steady march toward a December 8 auction of high-value, mid-band spectrum for 5G and other advanced uses. The Free State Foundation offers its congratulations on the timely achievement, under challenging circumstances, of this important milestone.

At this morning's Open Meeting, the Commission adopted a Public Notice detailing application and bidding procedures for the upcoming Auction 107 of 280 MHz of spectrum in the C-Band (3.7-4.2 GHz). Chairman Pai and Commissioners O'Rielly and Carr voted to approve, Commissioners Rosenworcel and Starks approved in part and dissented in part.

Reallocation of the lower C-Band is a major component of Chairman Pai's 5G FAST plan to ensure American leadership in the deployment of 5G networks.

At the end of February, the agency adopted a Report & Order establishing rules that:

• Repack current C-Band satellite users into the upper portion of the band (4.0 - 4.2 GHz);
• Create a 20 MHz guard band (3.98 - 4.0 GHz);
• Reallocate to licensed, flexible use and set for auction the lower 280 MHz (3.7 - 3.98 GHz); and, critically,
• Incentivize existing licensees to vacate that spectrum more quickly than they otherwise would have to through the establishment of accelerated relocation payments.

The Public Notice approved today accomplishes the following:

• Specifies bidding procedures;
• Establishes an assignment phase during which winning bidders for spectrum that will be cleared first (that is, by December 2021) will receive interim and final frequency allocations; and
• Defines certain bidding thresholds, including minimum opening bids and bidding credit caps for small businesses.

The Public Notice has not been released yet, but the News Release can be found here.

FCC Proposal on 70/80/90 GHz Bands Would Boost 5G Services

At its June 9 public meeting, the FCC unanimously approved a notice of proposed rule making that would make use of 70/80/90 GHz bands for wireless backhaul for 5G and for deployment of broadband services to aircraft and ships. These millimeter bands have gone largely unused or underused. The Commission’s proposal would make changes to the agency’s antenna rules to allow for smaller antennas in the 70/80/90 GHz bands. As the Commission’s announcement of the approval vote states: “This could lower costs, facilitate network densification, and help support the provision of backhaul for emerging 5G services.” Additionally, the proposal includes seeks comment on ways to allow use of those same bands for broadband services on aircraft in flight and ships at sea.

The 70/80/GHz band proposal is a welcome part of the FCC’s 5G Fast Plan. The Commission should be applauded for unanimously launching this commonsense undertaking to put more spectrum into use for 5G and other advanced services.

White House Releases "National Strategy to Secure 5G"

On Monday, March 23, President Trump signed into law the Secure 5G and Beyond Act of 2020. That legislation directs the Administration, within 180 days of enactment, to develop a plan that ensures the security of domestic 5G networks; provides allies with technical assistance as they work to harden their own 5G networks; and protects the competitiveness of U.S. companies, the privacy of consumers, and the integrity and impartiality of standards-setting bodies.

The same week, the White House initiated that process by releasing the "National Strategy to Secure 5G," a framework document that defines the following four lines of effort:

One: facilitating the private-sector led rollout of 5G in the United State by building upon the FCC's 5G Fast Plan and NTIA's National Spectrum Strategy.

Two: defining core security principles for 5G capabilities and infrastructure in response to potential risks, which may be economic or national security in nature. Core security principles include best practices in cybersecurity,  supply chain risk management, and public safety, and will be synchronized with other security principles, such as the "Prague Proposals."

Three: addressing risks associated with the worldwide development and deployment of 5G infrastructure by (a) ensuring supply chain security, and (b) by taking actions necessary to protect U.S. national security interests from 'high-risk' vendors (that is, those owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary that pose an undue or unacceptable risk) that build upon Executive Order 13873 (issued May 15, 2019).

Four: working with like-minded countries to promote (a) the responsible global development and deployment of 5G technology and security principles, (b) U.S. leadership in standards setting, and (c) the availability of secure and reliable equipment and services.

5G will drive forward the economy in the years ahead. Therefore it is encouraging to see Congress and the Administration take proactive steps to safeguard next-generation wireless infrastructure and ensure continued American technological leadership in this space.

U.S. Needs More Mid-Band Spectrum

CTIA has released a new report by Analysys Mason that demonstrates that the U.S. needs to make available more mid-band spectrum as quickly as possible if we are not going to fall behind other countries in the race for 5G leadership. The new report offers further support for what Free State Foundation scholars have been saying for many months.

First, it should be acknowledged that FCC Chairman Ajit Pai's "5G Fast Plan," which includes freeing up spectrum, already has played a very constructive role and will continue to do so with regard to speeding 5G deployment. If you haven't seen it already, I urge you to watch the video of Chairman Pai's remarks at the Free State Foundation's Twelfth Annual Telecom Policy Conference on March 10.

Nevertheless, the Analysys Mason report shows the case for making more mid-band spectrum available for licensed use remains pressing. Here are some key Analysys Mason findings.

• On average, other countries will have 5X more licensed mid-band than the U.S. by end of year.
• On average, other countries will have 5X more licensed mid-band than the U.S. by end of year.
• 310 MHz is the amount of mid-band spectrum needed to close the gap.

We shouldn't need a wake-up call, and I am cautious about invoking the COVID-19 pandemic gratuitously or wantonly as a basis for public policy actions. But I do think there is widespread agreement that the current coronavirus crisis has made all Americans more aware of the importance to the country's general welfare and security of having in place robust, ubiquitous broadcast networks. And there should be widespread agreement as well that the availability -- in a timely fashion -- of more mid-band licensed spectrum has an important role to play.