Federal Shutdown Detrimental to FCC Actions on 5G, Rosenworcel Says

The FCC’s partial reopening of the equipment authorization system, announced Friday (see 1901180040), will provide only limited relief, Commissioner Jessica Rosenworcel again warned Tuesday. The federal shutdown could slow FCC work on 5G in general, particularly on clearing mid-band spectrum, she said. Rosenworcel spoke at an Internet Innovation Alliance session on a potential incentive auction for the 2.5 GHz educational broadband service band, with a goal of raising money to close the “homework gap.”

The shutdown “is not helping” in general on U.S. actions to lead the world on 5G, Rosenworcel said. The closing of the FCC “has slowed down our work on spectrum policy, including mid-band, and I think that’s a problem,” she said. “The agency is not putting out information about when our next auctions will be, particularly in the mid-band,” she said. “We’re not tracking robocalls. We’re not reviewing mergers. We’re not addressing the sale of our local-phone-location data. We are not overseeing so many of the things that we do on a day-to-day basis.”

The FCC provided partial relief for device companies last week (see 1901180041). “That was on the process for devices that are reviewed by third-party certification labs so that they get authorization from the commission,” Rosenworcel said in an interview. “That is different than the process for wholly new and innovative devices that break new ground. We have not reopened that process.”

Lots of new 5G technologies are being developed, but can’t be approved, Rosenworcel said. “That’s a problem,” she said. “We’re going to need the FCC to be open for business for these technologies to get to market.”

“A few certifications will still have to wait,” blogged Mitchell Lazarus, lawyer at Fletcher Heald. “Some novel or complex devices -- typically subject to waivers or new rules -- require the [telecommunications certification body] to consult with the FCC technical staff prior to certification. Because the staff is unable to report for work, those devices will have to wait.”

EBS

Last May, commissioners approved 4-0 an NPRM seeking proposals for changes to the 2.5 GHz band, including an incentive auction like the one for broadcast TV (see 1805100053). The Catholic Technology Network and National EBS Association asked the FCC to protect current educational broadcast system licensees. The FCC found little consensus in comments (see 1809100045). In September, Rosenworcel laid out her arguments for closing the homework gap using proceeds from a 2.5 GHz auction.

An incentive auction could be the best option for 2.5 GHz band and would benefit EBS licensees, Rosenworcel said at the IIA event. “The most powerful thing is this gives them a choice,” she said. “It’s totally voluntary.” The homework gap is “real,” with 12 million students without access to the internet service they need to do homework, she said.

The FCC has all the authority it needs to hold an incentive auction in the band, Rosenworcel said. “The agency can be creative.” Rosenworcel said the 2.5 GHz band offers a huge, contiguous swath of spectrum ideal for 5G.

EBS licensees are unanimous in their arguments that “flexible use” will “unravel” EBS, said Katherine Messier, North American Catholic Educational Programming Foundation director-development. “Before you get to an incentive auction, you have to open up flexible use and that’s what’s going to create this race to the bottom.”

Educators in rural areas should have the opportunity to use the EBS spectrum their urban peers had, Messier said. “Rural educators have plans” for the band, she said. “The commercial sector already has over 600 MHz of other … spectrum in the very same areas where EBS has not been made available.” Other 5G auctions are planned and any of them could be used to address the homework gap, she said.

About 85 percent of Americans already are covered by existing EBS licensees, countered Peter Pitsch, Intel consultant. “All we’re proposing is to give you another option,” he said. “The EBS crowd has been singing this song for the last 38 years” since EBS rules were first liberalized, he said. Whatever the FCC does on EBS must be “entirely voluntary,” Pitsch said. “Trying to take things away from people is often unfair and comes with huge amounts of delay,” he said. An involuntary solution also won’t happen, he said. Intel’s primary interest is making sure mid-band spectrum is “used as efficiently as possible,” he said. The lesson of the past 40 years is that flexibility leads to more efficient spectrum use, he said.

“What’s wrong with EBS and how do we fix it?” asked Zach Leverenz, executive chair of nonprofit EveryoneOn. “That could be wrapped up in a proposal that doesn’t collapse EBS” but promotes better transparency and accountability for how the spectrum is being used and what value is created, he said. “The onus is on the licensees here,” he said. As consumers, “we deserve to know what is the value in exchange for this asset.”

Some wireless ISPs use EBS spectrum and some don’t, said Claude Aiken, president of the Wireless ISP Association: “The homework gap” is why many WISPs “started in the first place,” he said. Rural entrepreneurs “were frustrated by a lack of broadband in their community and they said, ‘My kids can’t do their homework, my neighbors’ kids can’t so their homework. We have to fix this.’”

Communications Workers of America has a program called “speed matters” that tries to address the homework gap, said Debbie Goldman, CWA telecommunications policy director: “We have looked for ways in which spectrum can be used for such a program.” Low-income and people of color face particular problems, she said. “We got very excited” at the proposal of an auction to help address the homework gap, Goldman said: “After all, spectrum is a public asset.”