The FCC approved an NPRM Tuesday proposing to rewrite parts of rules for the shared 3.5 GHz band, over a dissent by Commissioner Jessica Rosenworcel. Commissioner Mignon Clyburn concurred rather than approve, saying she would have preferred the FCC left the rules as is. The votes were as predicted, with all three Republicans voting yes (see 1710180043). Both Democrats voted against the FCC allowing stations to host studios outside their communities of license (see 1710240062).
Partial economic area (PEA) or other larger license sizes would mean carriers are the only ones likely to buy priority access licenses (PALs) in the 3.5 GHz, Citizens Broadband Radio Service band, said Michael Calabrese, director of the Wireless Future Program at New America, in a meeting with an aide to Commissioner Mignon Clyburn. Commissioners are to consider an NPRM proposing larger license sizes and other changes to the citizens broadband radio service rules at their Oct. 24 meeting, with Democrats skeptical of changes (see 1710120009). The Los Angeles PEA covers the entire metropolitan area, includes Riverside County and extends to the Nevada border, Calabrese said in a filing in docket 17-258. “It would be far easier for carriers to assemble larger contiguous areas by acquiring census tracts than it would be for hundreds or thousands of other potential users noted above to either win a PEA or county license at auction,” Calabrese said. “Subleasing small areas of spectrum from a big mobile carrier, through a secondary market transaction, is unrealistic both because of high transaction costs and because carriers have a disincentive to allow competitors with or substitutes for their services to access spectrum at a reasonable price.” The Wireless ISP Association, meanwhile, said the FCC should keep the current rules in place. A plan backed by Commissioner Mike O’Rielly “and the mobile industry would overturn pro-innovation rules adopted unanimously by the FCC -- twice -- in 2014 and 2015,” WISPA said in a Monday statement. “Dozens of companies are already making significant investments in the CBRS band, counting on the current rules.” WISPA also urged the FCC to approve the Broadband Access Coalition’s proposal for the 3.7-4.2 GHz band (see 1706210044). “Under mobile industry pressure, the FCC is prioritizing a much broader and more time-consuming review of multiple spectrum bands, which would lead to years of regulatory delay and no near-term progress for rural America,” WISPA said.
Although dissents on NPRMs aren’t common, FCC Commissioners Mignon Clyburn and Jessica Rosenworcel continue to have big questions on the pending 3.5 GHz citizens broadband radio service NPRM, set for a vote Oct. 24, industry and agency officials said. CBRS rule changes primarily affect only one of the three tiers of the FCC’s sharing plan for the band, the priority access license (PAL) tier. Under the sharing plan, federal incumbents, followed by PAL holders and then general access users, would have top priority to use the spectrum.
The 3.5 GHz Citizens Broadband Radio Service Band has the potential to become a key band for 5G, Preston Marshall, principal wireless architect at Google, said at the DC5G conference Wednesday. If the FCC allows smaller license sizes, hotels like the Renaissance Washington, where the event took place, can set up their own networks independent of the carriers, Marshall said. “We’ve never had that.”
The Wireless ISP Association plans to fight to protect its interests in the shared 3.5 GHz band, President Chuck Hogg said in a State of WISPA address Tuesday, streamed from Las Vegas. The mobile wireless industry is “working hard to undo the years of work” WISPs dedicated to opening the Citizens Broadband Radio Service band, Hogg said. Some characterize the fight as a “David vs. Goliath” battle, he said. “I don’t have to tell you that we’re not Goliath,” he said. “We’re active, engaged and definitely punching above our weight. Everyone in this room can play a part.” The FCC is to consider an NPRM on revised rules for the 3.5 GHz band at commissioners' Oct. 24 meeting (see 1710030059). Hogg said the WISPA board agreed to hire an executive search firm to search for a paid president. The job has been filled by a volunteer. T-Mobile, meanwhile, said the FCC should ask questions about its requests for two additional changes to the rules for priority access licenses (PALs) in the band. T-Mobile executives met with Erin McGrath, an aide to Commissioner Mike O’Rielly, who was tasked by Chairman Ajit Pai with proposing changes to the rules. The FCC also should seek comment on the potential use of PALs throughout the 150 MHz band and on changing the effective isotropic radiated power limits for 3.5 GHz devices, T-Mobile said. “Adopting an Order rejecting the two recommendations rather than seeking comment on them is unnecessary and contrary to Commission precedent, and would prevent development of a complete record on the issues raised,” said a filing by the carrier in docket 17-258. “While the Commission may not yet be prepared to propose the rule changes proposed by T-Mobile, adopting an Order dismissing them -- without further opportunity for public comment -- is the wrong approach.”
The FCC proposed changing rules for the 3.5 GHz shared band, providing larger licenses for the priority access licenses (PALs) that will be offered at auction to carriers and others. The change was largely expected based on earlier comments by Commissioner Mike O’Rielly (see 1708010058), who oversaw development of revised rules. The change was opposed by New America, General Electric and others hoping census tract-sized licenses would attract investment from owners of industrial facilities, plus schools, hospitals and others.
Industry officials said it appears likely commissioners will consider a long-awaited NPRM on the shared 3.5 GHz band at their Oct. 24 meeting. That’s not a certainty since FCC Chairman Ajit Pai won’t circulate items until Tuesday. The FCC earlier moved up the date of the meeting by two days. Big-ticket items like net neutrality aren't expected at the October meeting, the officials said Monday. There's uncertainty about whether media ownership will get a vote.
Verizon, Ericsson, Qualcomm Technologies and Federated Wireless said they were the first to demonstrate the successful use of LTE with carrier aggregation in the 3.5 GHz shared band. The demonstration was in an Ericsson lab in Plano, Texas, and offered “end-to-end” Citizens Broadband Radio Service communications “using 2x20 MHz LTE carriers on the CBRS band 48,” said a joint news release. "The use of CBRS spectrum greatly advances our work in emerging spectrum bands,” said Nicola Palmer, Verizon wireless chief network officer.
The Dynamic Spectrum Alliance (DSA) told the FCC that by its tabulation “the vast majority” of comments oppose proposed changes by CTIA and T-Mobile for the 3.5 GHz shared band. Some 84 percent of comments in the initial comment round were against CTIA and 89 percent against T-Mobile, DSA said. T-Mobile and CTIA defended their proposals. One suggestion for priority access licenses (PALs) in the 3.5 GHz shared band that could have legs is NCTA's and Charter Communications’ push for a middle-ground on license sizes, industry officials said. Replies were posted Wednesday in docket 12-354. Termed by the FCC Citizens Broadband Radio Service, CBRS operations are expected to start even amid the controversy (see 1708080019).
The opening of the 3.5 GHz shared band isn't expected to be delayed due to problems industry had getting waveforms from the Navy, Lee Pucker, CEO of the Wireless Innovation Forum (WInnForum), told us Tuesday. Other complications are possible, other industry officials said. But Pucker, who heads the group the FCC tasked with overseeing the technical work on the band, said things are moving ahead. The Citizens Broadband Radio Service (CBRS) is expected to offer licensed spectrum and unlicensed for Wi-Fi and use by wireless ISPs.