FCC Democrats Vote for Spectrum Horizons Order, But Raise Questions

The FCC approved 5-0 an order allocating the first bands above 95 GHz for Wi-Fi and other unlicensed use. Commissioners Geoffrey Starks and Jessica Rosenworcel voted for the order but raised questions, as expected (see 1903130057). The "spectrum horizons" order provides unlicensed use of 21.2 GHz of spectrum in four band segments and would permit experimental use on any frequency from 95 GHz to 3 THz.

Starks, formerly with the Enforcement Bureau, said the high-band spectrum speaks to the need for the FCC to take a close look at how it polices interference. “I have serious questions about the Enforcement Bureau’s tools to detect interference in these and other high-frequency bands,” he said. The FCC isn’t “capable of policing a significant amount of millimeter wave spectrum, the very high-frequency bands critical for 5G.” The agency needs to figure out how it will address interference issues “that will inevitably arise,” he said.

“I do not believe that this order gets it quite right when it suggests that the frequencies above 95 GHz are suitable for licensed use,” Rosenworcel said. “With these way-up-there frequencies, where the potential for interference is so low, we should flip the script.” Those seeking exclusive-use licenses should have to show “the interference case and justify why we should carve up an otherwise open space for innovation and experimentation,” she said.

The agency needs “more meaningful and transparent coordination with our federal partners so that we can realize the full opportunities in these stratospheric airwaves,” Rosenworcel said. “Otherwise ... the opportunities for new experimental operations could be blocked and important scientific research could be diminished.”

Commissioner Mike O’Rielly would like to see licensed use of some of the spectrum, but is OK waiting. “It may be a bit premature to establish exclusive-use licenses above 95 GHz when there is great uncertainty about what technologies will be introduced, what spectrum would be ideal or what size channel blocks are needed,” he said. The order in “no way reduces the need for unlicensed allocations elsewhere,” especially the 5.9 and 6 GHz bands, he said.

The order creates “a big sandbox for engineers and technologists to work with,” said Chairman Ajit Pai. “We look forward to seeing what American ingenuity delivers.” A "reason the U.S. leads the world in wireless is that we’ve moved quickly to open up new spectrum bands for innovative use,” said Commissioner Brendan Carr.

There are questions about the large number of passive bands above 95 GHz, which are strongly protected under footnote US246 to the U.S. table of allocations. “We’re going to have to review all those issues going forward,” O’Rielly said during a news conference. “We have had solid rules and agreements on passive bands and how much protection is going to be necessary.” Footnote US246 “stems from an international footnote that we’re obliged to protect,” said Julius Knapp, chief of the FCC Office of Engineering and Technology. “Everything in this region of the spectrum is brand new.”

“The commission struck the right balance by declining to exclusively license any spectrum about 95 GHz and instead opening it for unlicensed and experimental uses,” said Michael Calabrese, director of the Wireless Future Program at New America. “Because interference is unlikely at such high frequencies, and because the best use cases remain unknown, this spectrum should be wide open for experimentation and shared use for the foreseeable future.”

“There are substantial opportunities for innovation in these frequencies, especially for data- intensive high-bandwidth applications as well as imaging and sensing operations,” said a news release. “Prior to this decision, the Commission had no rules for authorizing communications above 95 GHz, other than by amateur operators or through experiments of limited duration and scope.” The segments opened are 116-123, 174.8-182, 185-190 and 244-246 GHz.