NTIA Spectrum Request to Agencies Seeks to Prepare for Industry Demands, Redl Says

NTIA's request federal wireless users assess their long-term spectrum needs (see 1811300046) is partly an attempt to plan for addressing continuing private-sector demand for access to government frequencies, said Administrator David Redl at Friday's Practising Law Institute conference. Nearer term, he voiced optimism about spectrum sharing and making prized mid-band spectrum available.

After preliminary government responses, Redl expects to engage with federal entities to iron out interdepartmental wrinkles complicating assessments. He said NTIA seeks to fulfill a dual mandate of shielding government users from harmful interference while strengthening their hand to deal with relentless industry spectrum pressures in a way that's not "ad hoc." He's excited about data-sensing technologies to share spectrum through "dynamic protection areas" for government users needing certain frequencies only part of time.

A "very large chunk" of mid-band spectrum could be made commercially available through FCC and NTIA efforts in the 3450-3550 MHz, 3550-3700 MHz and 3.7-4.2 GHz bands, said Redl. That capacity "sweet spot," he said, could help meet President Donald Trump's expectation of U.S. wireless leadership. Redl cited unlicensed wireless and commercial space efforts in an "all-of-the-above" next-generation approach.

Redl said 5G is a focus for the World Radiocommunication Conference in October-November. Efforts to develop a coordinated strategy for WRC 2019 are "coming along," but "it's a marathon" with "a lot of work to do," and a first test coming at a February preparatory meeting in Geneva. He said FCC unlicensed efforts in the 6 GHz band are being noticed internationally. There's a proposal to make a "ton of spectrum" available in certain bands for high-altitude platform systems on aircraft and balloons, he said, calling HAPS basically "base stations in the sky" particularly helpful in rural backhaul.

Doreen Bogdan-Martin's election as director of the ITU Telecom Development Bureau (see 1811010052) "is a big deal for us," Redl said, resulting from an "all-hands-on-deck" U.S. push. "No one expected" the American to win, given U.S. "baggage," but "we had the best candidate." On privacy, Redl said NTIA and National Institute of Standards and Technology efforts are "complementary."

FCC General Counsel Thomas Johnson said policy flexibility is key. Urging "humility," he warned against legislating based on "ossified" assumptions of technology, which is always changing, and argued for ensuring the commission has discretion to adapt to developments.

Panelists disagreed on wisdom of state net neutrality policies and FCC pre-emption.

State laws and orders are "interim" measures responding to popular "frustration" with the FCC's net neutrality reversal, said Ernesto Falcon, Electronic Frontier Foundation legislative counsel. He disputed the FCC's attempt to relinquish broadband authority and pre-empt states, and called its policy "politically unsustainable." Latham & Watkins' Matt Brill said states can't enact illegal measures that contradict the deregulatory federal framework and violate constitutional supremacy and commerce clauses. He said the FCC didn't abdicate its authority but reclassified broadband as a Communications Act Title I service, which the Supreme Court's Brand X ruled OK. Broadband is an interstate service free of common-carrier regulation, and states can't upend that federal policy, he said. Falcon said the FCC would have more pre-emption power under Title II.

California firefighter objections to Verizon wireless data limits raised further concerns, said Falcon. R Street Technology Policy Manager Thomas Struble called it a "technical glitch and billing dispute." Brill called it a "complete red herring" the issue has anything to do with net neutrality, saying it's about the appropriate data tier. Falcon said it's a "public safety" and "Title II" issue.

The FCC is looking into how wireless providers tell public safety entities about service plans, Chairman Ajit Pai said, responding to a query from California's U.S. senators. He said Santa Clara County, whose fire department had the data problems, acknowledged Verizon's actions apparently didn't violate the FCC 2015 Title II order (see 1812070057).

Panelists see room for a net neutrality compromise, at some point. Doug Brake, Information Technology and Innovation Foundation director-broadband and spectrum policy, said federal legislation is "achievable" if parties can bridge the Title I/II divide. Brill said there's a "remarkable degree of consensus" in support of transparency and against blocking, throttling and unfair discrimination, with divisions over a conduct standard. Falcon doesn't expect legislation to pass before an initial appellate court ruling on the FCC order and he questioned ISP support for net neutrality. Struble agreed near-term prospects are poor but voiced support for creating general internet conduct and rulemaking authority, preferably at the FTC, though he didn't rule it out at the FCC.