FCC Approves NPRM on Spectrum Horizons

Commissioners approved 5-0 an NPRM on spectrum above 95 GHz for new services and technologies, opening a “spectrum horizons” proceeding. Industry has shown little interest (see 1802200058), but Chairman Ajit Pai said Thursday the FCC shouldn’t be deterred. After the meeting, commissioners clashed over the lack of scheduled auctions for any bands.

“If the United States is to remain the world’s leader on wireless technologies, we can’t play it safe,” Pai said. “I realize that some are skeptical that this spectrum can be used productively. Skeptics have been proven wrong before.” In the early days of wireless, some saw spectrum above 3 GHz as not useful for mobile communications, he said. “The demand for mobile broadband is insatiable.”

Julius Knapp, chief of the Office of Engineering and Technology, said it’s not “surprising or concerning” industry hasn’t been active in the proceeding. “The title of it is spectrum horizons because this is really kind of the communications out in the distance,” he said. “What we’ve seen over the years is that new technologies and services develop in bands that we might see today as not really useful.”

Commissioner Mike O’Rielly generally supports the NPRM but has questions. “Whether it’s mid-band spectrum or millimeter-wave bands, we must continue to push the boundaries of physics and work to ensure that every megahertz is used as efficiently as possible,” he said. O’Rielly said it may be too early to devise rules for bands that mightn't be used for years. “This feels to me like designing zoning laws for the moon,” he said. “We don’t exactly have the best track record allocating spectrum and hoping that what is conceptualized takes off.”

Commissioner Jessica Rosenworcel hopes the agency will allocate more spectrum above 95 MHz for unlicensed use. “Our questions here range far and wide,” she said of the NPRM. “A few deserve more attention than they get in the text. To this end, I hope commenters offer their thoughts about how we could proceed if we were to reorganize these bands.” Some of the proposed rules make mistakes the commission has made before, she said. “We suggest we should continue to reward first-in-time registration, whether or not there is actual construction. Should these airwaves prove valuable, this approach is teeming with potential for abuse.”

The U.S. has led the world on wireless by moving quickly, said Commissioner Brendan Carr. “We’ve not waited for technologies to develop fully before giving entrepreneurs the incentives to invest and experiment.” U.S. rules have tended to limit experimentation in the extreme high-frequency spectrum, he said. “We turn the corner today by proposing to open up large swaths of this spectrum for licensed, unlicensed and experimental use.”

“We are on our way to higher, more efficient use of our spectrum,” said Commissioner Mignon Clyburn, who said making more frequencies available will help the spectrum crunch. “This will likely translate into utilizing more spectrum for weather and air traffic control radars,” she said. “It would probably increase automobile safety, by clearing the path for additional scientific research, and more.”

With the first high-frequency bands being prepared for eventual auction, Rosenworcel said after the meeting, the FCC should be able to find a workaround to get past the current hold on spectrum auctions requiring upfront payments (see 1802140064).

“If we want to lead the world in 5G, we need to have some nerve, we need to have some moxie,” Rosenworcel said. The FCC found a way around the problem in the incentive auction, she said. “We just need to be creative here.” Other nations are holding 5G auctions this year, she said. “I do not understand how we can continue to lead the world in wireless technology if we don’t plan an auction,” she said. Pai should be talking to the Federal Reserve “or anyone else in order to secure a workaround, assuming that one is even needed,” she said.

The Connect America Fund auction is starting in July and no other auction is likely before that, O’Rielly said. Work remains before any pending bands will be ready for auction, he said. The CAF auction doesn't require upfront payments by bidders. O’Rielly predicted Congress will address the issue: “I’m optimistic that we can schedule auctions in the very near future. It has been high on my priority list.”

Carr said the FCC needs to start moving forward on auctions, though the secondary market is working. “I don’t think this statutory issue is pinching us yet,” he said. “We’re still in the pole position when it comes to leading the world on 5G.” Rosenworcel disagreed with the Republicans. “It’s already a problem,” she said. Other countries are planning 5G auctions this year, she said: “The FCC is sitting around in study hall.”