CBRS

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.

Peter Rysavy of Rysavy Research supported AT&T's arguments about reconfiguring the 3 GHz spectrum range, moving the citizens broadband radio service to 3.1-3.3 GHz (see 2410090037). That would open the 3.55-3.70 GHz band for wide-area, high-power licensed use “consistent with the adjacent 3.7 and 3.45 GHz bands,” Rysavy said. “Until practical and effective spectrum sharing technologies are available, exclusively licensed, full-power spectrum with wide radio channels remains the most effective resource for 5G networks with best results for consumers,” said a filing posted Thursday in docket 17-258. “Diligent efforts” by the National Spectrum Consortium and NTIA are making progress in developing methods of sharing spectrum, “but the realities of implementation are complex and development will take years.”

The Enterprise Wireless Alliance told the FCC it supports a change the American Petroleum Institute is seeking in rules for the citizens broadband radio service band (see 2410080030). EWA said it supports API’s suggestion that system administrators incorporate a general authorized access tier user algorithm that prioritizes spectrum access for small businesses and enterprise customers. CBRS is important to EWA members, said a filing posted Thursday in docket 17-258. “In a telecommunications world that focuses increasingly on commercial broadband services, the vital importance of enterprise entities to the nation’s economy and to its day-to-day functioning must be recognized,” EWA said: “Some of their wireless needs can be and are met on commercial networks, but many have core responsibilities that cannot be outsourced to the network of a third-party commercial provider.”

Spectrum for the Future Monday welcomed a NTIA report about usage growth in the citizens broadband radio service band (see 2411150021). The group said the report shows why the FCC shouldn't increase power levels available in the band (see 2411080032). “While some have suggested raising power levels or out of band emissions limits, that path would only jeopardize our ability to deliver greater innovation, wider-ranging use cases, and more consumer choice,” a spokesperson emailed: “The data shows that dynamic spectrum sharing is working, and we should maintain the unique properties that make CBRS the model for U.S. wireless leadership.”

NTIA told the FCC that utilization of the citizens broadband radio service band is up sharply and the three-tier shared band has been a success. “With CBRS, the Commission established a ground-breaking spectrum-sharing paradigm that has enabled commercial access to mid-band spectrum and has evolved to demonstrate the success of a collaborative partnership among stakeholders in the public and private sectors,” said a filing posted Friday in docket 17-258. CBRS deployments increased 270,621 from April 1, 2021, to July 1 this year, the filing said. Rural CBRS devices (CBSDs) “more than doubled, with an increase of 166,650 (160.6%)" and "67.5% of all CBSDs were in rural census blocks,” NTIA said. It found that 82.7% of all U.S. counties used at least one CBRS channel and 41% used all 15 as of July 1.

The Wireless ISP Association told the FCC many of its members use CBRS spectrum for reaching subscribers, and it opposes higher power levels for priority access license holders as a threat to general authorized access use of the band. Comments were due last week on an August NPRM in docket 17-258 (see 2411070032). Increasing maximum power levels “would substantially increase mutual interference between GAA users and even between GAA and PAL users on different channels,” WISPA said. “WISPA members should not be required to replace existing, relatively new equipment and purchase and deploy expensive high-powered base stations such as those used by mobile carriers in order to maintain their service areas.” Lockheed Martin said the FCC must coordinate major changes with DOD. “The current power levels represent a material, established feature upon which CBRS is premised,” Lockheed said: “Despite the essential role of pre-coordinated and established power levels, the Commission appears to have proposed these changes independently, and it is unclear what inter-agency coordination has or will occur and whether, even, there is support for such action by federal stakeholders.” Researchers at the University of Notre Dame noted that the use of CBRS is accelerating, even in small markets such as South Bend, Indiana, where the university is based. The researchers called for more reporting of interference metrics as measured on the ground by users. “When spectrum is being shared among multiple different users deploying networks in different verticals, the more information that can be shared, the better the performance for all,” they said. The Notre Dame researchers opposed adding a third category of devices that transmit at higher power levels than currently authorized, saying it would “exacerbate the secondary coexistence problem.” But Ericsson said the FCC should at least examine use of higher power levels. “Higher power levels for both [devices] and user equipment improve the efficiency of coverage to serve rural and underserved areas and reduce the cost of deployment,” Ericsson said: “Power levels can constrain certain use cases, especially wide-area commercial and enterprise networks. Enterprises like mining, large-scale agriculture, and media and entertainment companies need to support large outdoor coverage areas, and higher power levels can have a dramatic impact on enabling efficient deployments.” Increasing transmit power levels “will improve coverage, especially in rural areas, increase network efficiency, and reduce equipment and network design and deployment costs” and “can be achieved without causing harmful interference to incumbents or other spectrum users,” Federated Wireless said. Federated noted transmit levels are much lower than in the adjacent 3.45 GHz and C-band. “This discrepancy creates a significant coverage imbalance between CBRS and these adjacent bands, which undermines CBRS’s competitive capability and restricts its potential for expanded service, particularly in rural and underserved areas.”

The FCC got dozens of comments on an August NPRM from wireless carriers, tech companies and others on further changes to rules for the citizens broadband radio service band (see 2408160031). In filings posted through Thursday in docket 17-258, commenters disagreed sharply on a proposal by carriers to more closely harmonize CBRS rules with those for the adjacent 3.45 GHz and C-band.