EchoStar Chairman Charlie Ergen met with FCC Commissioner Nathan Simington on the need for the FCC to update its citizens broadband radio service rules, the focus of an August NPRM (see 2408160031). “EchoStar reiterated how harmonizing rules for the CBRS band with those of neighboring bands (i.e., the 3.45 GHz and 3.7 GHz bands) will maximize its utility and enable domestic carriers and vendors to participate in global economies of scale,” said a filing posted Friday in docket 17-258. “The majority of commenters in the record support proposals to update rules for the CBRS band,” and the commission “should move forward to enact such changes expeditiously,” EchoStar said.
Federated Wireless CEO Iyad Tarazi expects relative stability on spectrum issues with the change in administrations, though he noted there are always questions. In a wide-ranging interview with us, he predicted that sharing in some form will be part of the rules for the lower 3 GHz band, one of the top focuses of carriers for exclusive, licensed use. A former Sprint executive, Tarazi became CEO of Federated in 2014.
Google, Federated Wireless and Sony asked that the FCC recertify them as spectrum access system operators in the citizens broadband radio service. Last month, the FCC released procedures for the six current SAS providers to renew their certifications (see 2412090062). The three had to act first because their initial five-year terms as administrators expire Jan. 27, and the agency asked them to certify their compliance with FCC requirements “no fewer than 14 days before the expiration of their existing certification.” In a filing posted Friday in docket 15-319, Google certified “that it will continue to comply with any expanded SAS capabilities or obligations -- including the provision of service in additional U.S. Territories and Possessions and the support of spectrum manager leasing -- authorized since our initial certification.” Federated said that “since its initial certification in January 2020, Federated Wireless has consistently operated in full compliance with the Commission’s rules and policies, the conditions of its SAS authorization for full commercial service, adjustments to the federal-commercial sharing regime announced by” the FCC “and requests for information from the Commission.” The company said it has played “a pivotal role in the successful implementation of the [CBRS] framework, ensuring dynamic spectrum sharing, safeguarding federal and non-federal incumbent operations, and enabling the widespread adoption of CBRS spectrum for commercial and public-sector use.” Sony said it “remains fully compliant with FCC regulations and fulfills its obligations as a SAS administrator.”
The FCC on Friday modified the licenses of 28 entities that received waivers to operate intelligent transportation systems in the 5.9 GHz band prior to adoption of final rules for cellular-vehicle-to-everything use of the band in November (see 2411210054). The licensees are primarily state departments of transportation and local governments. “The proposed modification would ensure that after their waiver authority expires, the C-V2X Waiver Recipients’ original licenses will be modified to comply with the final CV2X-based rules adopted in the 5.9 GHz Second Report and Order,” said an order posted Friday by the FCC Public Safety and Wireless bureaus. The modifications are “within the Commission’s statutory authority, consistent with prior Commission practice, and will promote the public interest, convenience, and necessity, given the role these licenses play in supporting public safety networks and improving transportation safety,” the FCC said.
Federated Wireless representatives offered their take on proposed changes to citizens broadband radio service rules during a meeting with an aide to FCC Commissioner Anna Gomez (see 2408160031). They expressed “support for codification of the processes that are being used to manage CBRS spectrum access, greater harmonization of the CBRS rules with adjacent bands, and strengthening of the rules regarding coexistence management,” said a filing this week in docket 17-258. The changes “will preserve the core principles of spectrum sharing, encourage continued investment, and ensure that CBRS remains a flexible, forward-looking platform for wireless innovation,” Federated said.
The FCC approved additional and modified environmental sensing capability sensor deployment and coverage plans for the citizens broadband service band for Federated Wireless in Hawaii, said a notice in Thursday’s Daily Digest. The sensors protect DOD installations from harmful interference. The FCC took the step “in close consultation” with NTIA and DOD, the notice said. The plans cover three dynamic protection areas in the state.
Hilliary Acquisition filed for a writ of mandamus in the U.S. Court of Appeals for the D.C. Circuit seeking the return of $841,128.25 the company made in down payments for 42 licenses when it was the high bidder during the 2020 citizens broadband radio service auction. Hilliary missed a scheduled payment and sought a waiver, but the FCC rejected its request, it told the court. The company said the agency won't make a refund “until such time as Petitioner’s defaulted licenses are re-auctioned and the final default payment can be calculated.” The FCC’s spectrum auction authority lapsed “after Congress failed to agree on the terms of extending that authority, meaning that fulfillment of the conditions the FCC stipulated for repayment of the held funds was impossible,” Hilliary said. The FCC has held the funds since Oct. 16, 2020, the company said. “The FCC’s auction authority has lapsed for over a year and a half and there is no way of knowing when, if ever, it will be reinstated.” Hilliary cited the Administrative Procedure Act, which, it said, requires the D.C. Circuit to “compel agency action unlawfully withheld or unreasonably delayed.” A writ of mandamus is appropriate “where (1) Petitioner has a clear and indisputable right to relief, (2) the government agency has a clear duty to act, and (3) Petitioner has no adequate alternative remedy,” Hilliary said.
Tech companies filing reply comments at the FCC about an August NPRM on the citizens broadband radio service band highlighted a variety of concerns. Comments were posted last week in docket 17-258. Nokia urged adapting rules that could provide spectrum for drone control and data links, as an alternative to Wi-Fi. The “unpredictable performance of Wi-Fi has prompted the search for better connectivity options such as 4G or 5G cellular connections that offer a controlled interference environment and better latency and throughput,” Nokia said: “Given that the CBRS has been envisioned to be an ‘innovation band’ that can support novel use cases, interest in using the band for drone connectivity is very high.” Ericsson urged relaxing the rules' out-of-band emissions limits, encouraging deployment. The “restrictive and unnecessary OOBE limit at the upper band edge is constricting use of the band and dampening innovation,” Ericsson said. The company noted that fixed satellite service operators have “generally vacated the 3.7-4.0 GHz band,” making the limits no longer necessary. Ericsson said CBRS won’t address the growing need for spectrum to meet growing data demand: “Where the rest of the world uses the 3.5 GHz band for full-power 5G deployments, the 150-MHz-wide CBRS band in the U.S. is limited to small cell deployments with medium power, which is not able to economically support broad deployments that are needed for nationwide coverage.” Qualcomm stressed the importance of allowing higher power levels than are permitted under the current rules. The CBRS band has not “achieved the same level of deployments that C-band operations have reached in a much shorter time,” Qualcomm said. While cable operators have championed the CBRS framework, “they have not followed through with significant deployments” with two of the largest cable providers launching CBRS networks “in just two cities,” the company said. Samsung Electronics America called on the commission to act “now” on its longstanding request for a waiver on a 5G base station radio that works across CBRS and C-band spectrum (see 2309130041). “There is no reason to deny Americans the immediate benefits created by grant of the waiver even as [the FCC] works through other improvements to the CBRS framework,” Samsung said. Among other comments, the Competitive Carriers Association joined the chorus opposing AT&T’s calls for reconfiguring the broader 3 GHz band (see 2412060042). “The NPRM did not make any proposals or seek comment on any questions related to rebanding, relocating CBRS incumbents, or reassignments of the 3.5 GHz band to non-CBRS use,” CCA said. “Any Commission action to advance AT&T’s proposal in this docket, therefore, would be contrary to the Administrative Procedure Act and its related jurisprudence.”
The FCC Wireless Bureau and the Office of Engineering and Technology on Monday posted procedures that spectrum access system operators in the citizens broadband radio service band must follow to renew their initial five-year certifications for full commercial deployment. The FCC noted it has approved seven SAS providers, six of which remain active. CommScope withdrew last year (see 2303130034). The five-year terms for the initial SAS administrators -- Federated, Google and Sony -- expire Jan. 27. SAS administrators seeking renewal must certify their compliance with FCC requirements “no fewer than 14 days before the expiration of their existing certification,” the notice said. The FCC said it will review each renewal application in coordination with DOD and NTIA. If an administrator fails to submit a timely renewal filing, the Wireless Bureau and OET “may direct the SAS administrator to cease operations immediately.”
AT&T and CTIA urged that the FCC rethink citizens broadband radio service rules and questioned the band's success, filing reply comments to an August NPRM (see 2411070032). But most commenters said the FCC should only tweak the band. CBRS advocates largely defended the model as a sharing success story. Interest in the proceeding was strong, with more than two dozen reply comments posted as of Friday.