Commenters disagreed sharply on what mechanisms the FCC should use to make available unassigned licenses in its inventory absent general auction authority. Comments were posted Tuesday in docket 24-72. The FCC sought comment in March on the first anniversary of the expiration of its general auction authority (see 2403070062). Wireless carriers said grants of special temporary authority (STA) are the best alternative. Unlicensed advocates hailed the benefits of dynamic spectrum sharing.
CBRS
The Citizens Broadband Radio Service (CBRS) is designated unlicensed spectrum in the 3.5 GHz band created by the FCC as part of an effort to allow for shared federal and non-federal use of the band.
DOD on Wednesday released a redacted version of the Emerging Mid-Band Radar Spectrum Sharing Feasibility Assessment (EMBRSS), which DOD and NTIA forwarded to Congress in September (see 2309280087). The report examines military systems located in lower 3 GHz spectrum, with an eye on potential sharing but not on clearing as sought by CTIA and carriers.
Samsung Electronics America and others refuted objections NCTA raised against Samsung's request for an FCC waiver for a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see [Ref:2309130041). “Samsung’s proposed 3.5/3.7 GHz multiband radio will have substantially the same radiofrequency profile as a standalone 3.7 GHz radio collocated with a standalone 3.5 GHz radio” with no “practical impact” on CBRS deployments “when compared to the deployment of two standalone radios,” said a filing posted Monday in docket 23-93. Ericsson, Qualcomm and Verizon also signed the filing. NCTA opposition “in the face of measured test data demonstrates this is best understood as a collateral attack on the Commission’s rule limiting the out-of-band emissions from 3.7 GHz base stations into the CBRS band,” they said. The general objection to a current FCC rule should be dismissed as “irrelevant and improper to this waiver proceeding, especially because Samsung is not seeking a waiver of the 3.7 GHz OOBE limits.”
CTIA is hopeful a legislative vehicle will be found soon that will restore general FCC auction authority, more than a year after it lapsed, CTIA Senior Vice President-Spectrum Umair Javed said Wednesday during a Georgetown Center for Business and Public Policy webcast. “It sort of feels like there’s a lot of smoke, and maybe not fire yet,” Javed said. He hopes a bill floated by Sen. Ted Cruz, R-Texas, will provide the needed “spark.”
NTIA is facing increasing pressure from carriers for additional spectrum for full-power licensed use, and from interests favoring a more open-ended approach, especially in the lower 3 GHz and 7/8 GHz bands, as the agency finalizes an implementation plan for the national spectrum strategy, due for release March 14. DOD is defending its systems in the bands targeted by carriers. Meanwhile, there are questions about how much longer Scott Harris, NTIA senior spectrum adviser, will remain at the agency after the implementation plan is released, industry officials told us.
The Information Technology and Innovation Foundation called on regulators to rethink their spectrum sharing approach, refocusing on a top tier providing licenses for full-power use of a band, with reliable access at all times. “The dichotomy between dynamic spectrum sharing and exclusive licensing is a false one,” ITIF said in a report released Monday: “Reliable, full-power access is possible within a dynamic sharing framework if the FCC auctions super-priority rights to commercial users.” ITIF cited the model provided by the citizens broadband radio service band, which offered three tiers, with priority access licenses (PALs) sold in an FCC auction, with lesser rights than the incumbent Navy systems the rules are designed to protect. “We should not confuse the particulars of that band with the principles of the dynamic sharing system,” the report said. “In a band with significantly fewer incumbency interests, rights amenable to proponents of exclusive, shared, and unlicensed spectrum can coexist within a dynamic sharing system with only a minor alteration: Instead of just protecting incumbents and auctioning PALs that are secondary to the incumbents’ rights, the FCC should also auction licenses for the same type of rights the Navy has in the CBRS band.” ITIF noted widespread industry criticism of how CBRS works. Part of the reason “for decrying CBRS is that it should hardly qualify as ‘sharing’ when the federal incumbent retains the right to do whatever it wants whenever and wherever it wants,” the report said. ITIF noted there have been no reports of Navy systems suffering harmful interference since CBRS was launched. “Any party that thinks the Navy has reliable, full-power access in the current CBRS band should leap at the opportunity to get the same deal in another band,” ITIF said.
Google asked the FCC for an emergency waiver of rules requiring environmental sensing capability systems to protect federal incumbent users in the citizens broadband radio service band as storms sweep through parts of California. Operations in one dynamic protection area (DPA) lost commercial power while another “suffered physical damage” due to high winds, Google said. In another DPA, the power provider “is currently unable to provide an estimated time for restoration of commercial power,” said a filing posted Wednesday in docket 15-319.
The approach to spectrum allocation on the Hill and in industry is maturing, which may explain in part the problems Congress is having as it considers renewing the FCC’s auction authority, experts said during a Technology Policy Institute webinar Wednesday. That authority largely lapsed in March (see 2312200061),
David Zumwalt, who became president of the Wireless ISP Association in June 2022, told us during an exclusive Communications Daily Q&A that the NTIA’s broadband, equity, access and deployment program shouldn’t be used to inject artificial competition into markets that WISPA members already serve. WISPA has fought to have BEAD fund projects that rely partly on using unlicensed spectrum (see 2302090063).
Dish Network transferred some spectrum licenses, including AWS-4, H Block, CBRS, 12 GHz, 24 GHz, 28 GHz, 37 GHz, 30 GHz and 47 GHz, to a sister EchoStar subsidiary, EchoStar Wireless, while retaining ownership of other licenses including 600 MHz, 700 MHz, 3.45 GHz and AWS-3, parent EchoStar said Wednesday. EchoStar said the move "optimized strategic and financing flexibility." Spectrum and space consultant Tim Farrar posted on X that the moved spectrum "is mostly peripheral or low in value, and perhaps therefore more readily saleable to raise cash."