High Frequency Spectrum NPRM Doesn't Go Far Enough, Say O'Rielly, Pai

The NPRM “seeks extensive comment on the service, licensing, and technical rules for facilitating flexible use in these bands,” the FCC said. It also seeks comment on other bands above 24 GHz that may be considered in the future. “By taking this action now, the Commission begins to establish a framework to proceed in parallel with technological development in order to keep pace and help future mobile and other wireless technologies flourish,” the release said.

It's time for the FCC to move beyond “vague generalities” on the 5G future, Pai said. “On the plus side, we are proposing to allow mobile operations in some bands above 24 GHz,” he said. “I had called for the FCC to move quickly to take that step, so I’m pleased that we’re doing so now.” The FCC is also rightly “seeking comment on additional ways that we can incentivize investment in these bands,” he said.

But the NPRM isn't aggressive enough, Pai said. The “most prominent shortcoming” is that the NPRM leaves out “broad swaths of spectrum that might be opened up for flexible use” discussed in last year’s notice of inquiry, he said. “The record contains robust support for moving forward on them now,” Pai said. Pai said he proposed including 12,500 MHz of spectrum in the 24 GHz band, 32 GHz band, 42 GHz band, and the 70 and 80 GHz bands, but the votes weren't there and they weren't added to the NPRM.

The NPRM maintains that the agency is focusing only on bands offering at least 500 MHz of spectrum, Pai said. “But the 42 GHz band offers 500 MHz,” he said. “The 32 GHz band has 1,600 MHz and the 70 and 80 GHz bands have 5 GHz of spectrum each.” If the FCC doesn’t tee up the bands now, it's closing off opportunities for the future, Pai told reporters after the meeting.

O’Rielly agreed that the FCC should have looked at additional spectrum bands. “Even if we are not ready to determine every exact component, including detailed licensing specifics … complacency must not carry the day,” he said. “Instead, we must aggressively push forward. It’s the only way we will create the necessary spectrum pipeline for both future licensed and unlicensed use.” O’Rielly said the NPRM improved as it was before commissioners, but not enough to earn his full support.

Commissioner Jessica Rosenworcel said the proposals in the NPRM provide a backdrop for discussions at the World Radicommunication Conference next month in Geneva. “This year’s conference is especially important because we have an opportunity to help decide what spectrum bands are studied for 5G,” Rosenworcel said. “The opportunities for international harmonization are real and with it they bring the potential for scale economies that will lower the cost of equipment and deployment. This, in turn, will speed the availability of 5G services both on our shores and worldwide. This is important and the pressure is on.”

“With millimeter wave spectrum, we are looking at spectrum ‘to infinity and beyond,’” Rosenworcel tweeted during the meeting. “Lots of opportunity in the future with #5G.”

Commissioner Mignon Clyburn said the FCC was right to take on spectrum frontiers. “It was once thought that frequencies above 28 GHz could not support mobile services because their wavelengths were too short and the signal propagation losses were too high,” she said. “But industry engineers have now turned these weaknesses into strengths by finding ways to use short wavelengths to build dynamic beam-forming antennas to support high capacity networks that are small enough to fit into handsets.”

“I’m pleased that the FCC continues to explore new spectrum frontiers that will keep us in the lead to win the race to 5G,” said House Commerce Committee ranking member Frank Pallone, D-N.J., in a statement. “But we in Congress also have a role to play to keep up with consumer demand for wireless services. I hope we can act this year on spectrum legislation that would authorize additional spectrum auctions.”

The steps the FCC is taking on high-frequency spectrum are important, said Scott Bergmann, CTIA vice president-regulatory affairs. The high frequency bands will “play a critical role in the U.S. wireless industry’s migration to 5G,” Bergmann said. “Today’s action also reminds us that the diversity of 5G applications will require a broad range of spectrum types, including low‑ and medium‑band spectrum, below 3 GHz and between 3 and 6 GHz, as well as streamlined infrastructure siting and more backhaul.” The spectrum can offer carriers increased capacity and speeds, lower lag time and high‑density connections to unleash the IoT, he said.

“Enabling broadband in higher bands of spectrum will allow emerging technologies to develop further, including the promise of next-generation 5G networks,” said Scott Belcher, CEO of the Telecommunications Industry Association.