States to FCC: Rushing 6 GHz Plans Could Endanger Critical Infrastructure

The resolution before the association's Telecom, Water and Critical Infrastructure committees asks the FCC to “modify its proposal to not allow unlicensed operations in the 6 GHz band unless and until ... it has tested and proven that its [automated frequency coordination (AFC)] system works as intended to protect utility and other [critical infrastructure industry] systems, and that the FCC require AFC for all unlicensed operations.” The commission didn't comment Tuesday.

Acting without addressing technical concerns about unlicensed use “could create a rather dicey situation that is not going to be good for anybody, including the telecommunications companies,” said Regulatory Commission of Alaska Chairman Robert Pickett, one of three state commissioners sponsoring the resolution. “The biggest pipeline system in the United States depends on” supervisory control and data acquisition (SCADA) systems “that operate in this spectrum," he said. "If that pipeline goes down and associated power plants go down,” and there are blackouts, “there’s going to be a lot of questions about how that actually happened because of interference.”

The FCC can’t avoid acting on 6 GHz since Congress required the agency and NTIA to act, but the commission is moving too fast given potential risks to “utilities that are charged with providing essential services,” said Indiana Utility Regulatory Commissioner Sarah Freeman, another sponsor. “They’ve not really tested the efficacy” of the AFC technique that was pitched to mitigate possible interference by unlicensed users, she said. What could happen is a “great unknown,” but “there is a way to address the issue right now” and ensure sharing the band is safe, she said.

Pickett also plans to present it to the Gas Committee that he's on. “I expect there will be wide support” across the state commissioner association, he said. The FCC hasn’t offered any feedback, said the sponsors. Pickett doubts it will, since the agency also didn’t reply to concerned letters including from the Energy Department and Senate Energy Committee Chairman Lisa Murkowski, R-Alaska.

Many kinds of critical infrastructure rely on commercial communications networks, and legacy users have come to “heavily rely” on 6 GHz, said Pickett. Pointing to electric utilities, pipeline and water companies, and public safety systems, he doesn't “think the FCC really thought this thing totally through.” The regulator is “under a lot of pressure to release new spectrum for other wireless uses, but when you have such mission-critical functions that have been historically tied to this spectrum, you better address the questions,” the commissioner said.

Manufacturers are “advertising like it’s a done deal” that will be in place early next year, said Pickett. “If that’s the case, other avenues will probably need to be pursued.”

The Utilities Technology Council is “pleased to see NARUC considering weighing in” on 6 GHz, a spokesperson emailed. UTC and other critical infrastructure and public safety groups lined up last week against the NPRM on unlicensed 6 GHz band use (see 1911080033). Such resistance should give the FCC “great pause,” said UTC President Joy Ditto in a Tuesday statement. “The threats to our collective vital networks by this plan, even if unintentional, are real and could have serious implications.”

Twelve U.S. senators urged Chairman Ajit Pai to proceed with caution. “The FCC should only open the band to wireless broadband services if it determines that mitigation mechanisms will succeed, and it should insist that any particular mitigation approach be submitted for certification to the FCC before it is allowed to operate,” said a Nov. 5 letter by senators including James Risch, R-Idaho; Mazie Hirono, D-Hawaii; Joe Manchin, D-W.Va.; Dianne Feinstein, D-Calif.; and John Kennedy, R-La.

Radio local access network “stakeholders have not shown that low power indoor (LPI) devices or very low power indoor/outdoor devices can operate without causing harmful interference to incumbent 6 GHz licensed operations absent AFC control,” said CTIA, posted Tuesday in docket 17-183. The association and the top four wireless carriers met Wednesday with aides to Commissioners Brendan Carr, Jessica Rosenworcel and Geoffrey Starks. They urged a Further NPRM to repurpose the upper portion of the band for exclusive use, employ flexible rights licensing, and work with NTIA to add a nonfederal allocation to the 7.125-8.4 GHz band “as one option for relocating [fixed serviced] FS links from the repurposed portion of the 6 GHz band.”

Authorize “unlicensed use of the full 1200 megahertz of 6 GHz spectrum provided that existing incumbent operations can be fully protected,” NCTA filed, posted Tuesday about a meeting with the Office of Engineering and Technology. Move forward soon to authorize LPI use without requiring AFC, because LPI “presents the least risk of harmful interference to incumbents due to building attenuation,” NCTA said. Apple, Broadcom and other tech companies say interference risk is low (see 1910080036).

Pai highlighted tech industry support for opening 6 GHz band for Wi-Fi in a Saturday tweet linking to a Nov. 5 letter by Apple, Facebook, Google, Microsoft, Charter Communications and 30 others. "The unlicensed community has been steadfastly working with technical experts and conducting detailed engineering analyses that demonstrate how coexistence between incumbent and new unlicensed users will work," it said. "Over a year of deep engineering analysis makes it clear that coexistence can be enabled while maximizing the efficiency of the 6 GHz band and utilizing the productive potential of this spectrum to its highest potential."