5G Fund Auction Would Follow Better Data; Compound Expansions, White Spaces Drafts Released

A draft order circulated by FCC Chairman Ajit Pai Tuesday would delay a 5G Fund auction until after the commission collects new data through the still-unfunded digital opportunity data collection. That means an auction is unlikely to start until 2023. Commissioners approved an NPRM in April, with dissents by Democrats, that laid out two options -- starting an auction next year based on data then available or waiting for the new numbers (see 2004230046). The Oct. 27 meeting also includes net neutrality and other items (see 2010060056), a controversial order on compound expansions of wireless facilities and revised TV white space rules.

The docket 20-32 draft proposes to “take all appropriate steps to implement” its plan “as quickly as we can without jeopardizing the quality or accuracy of the new data we will collect.” While the FCC “continues to lack a congressional appropriation necessary to implement the new data collection, we believe -- and the record supports our view -- that the risk of any delay in holding an auction is outweighed by the ability to target auction support with greater precision,” the draft says. “That risk is further mitigated by the public interest obligations we adopt for competitive [eligible telecom carriers] that receive legacy high-cost support for mobile wireless services.”

The draft notes that commenters largely supported waiting. “We agree that requiring new mobile coverage data will result in a better understanding of the unserved areas most in need of our limited universal service funds than existing data,” it said. Using existing Census Bureau and Department of Agriculture data, as suggested by some, wouldn’t work as well, the draft says.

The FCC “addresses the mapping issue first and foremost, in line with Congressional direction and overwhelming support in the record,” emailed Steve Berry, president of the Competitive Carriers Association. “Updating the maps with more reliable data is an absolutely essential first step before distributing funds, and CCA will continue to work with Congress to fully fund the Broadband DATA Act.”

Pai doesn’t take the Rural Wireless Association’s approach in getting money out quickly, “but we are encouraged by the FCC’ s deeper understanding of the need to continue to support rural carriers who receive legacy support and the FCC’s lean toward not pulling the rug out from under these carriers prematurely,” RWA counsel Carri Bennet told us. “The devil is in the details, and this is an extremely complicated proceeding that is also reliant on getting the mapping done correctly,” she said: “Continued support for legacy carriers who have built 2G, 3G, 4G, and are poised to build 5G networks if the legacy support is assured for longer than a few years, is critical to delivering 5G fast where these rural carriers already have existing networks.”

The fund covers all of the U.S., except areas in Alaska, where mobile support is part of the Alaska Plan, and Puerto Rico and the U.S. Virgin Islands, where the FCC already offers targeted support. Support would come in two parts, $8 billion in Phase 1 and $1 billion in Phase 2 to “close the remaining digital divide,” the draft says. Up to $680 million would be reserved for tribal 5G. Among other details, winning bidders would be required to deploy networks providing speeds of at least 35/3 Mbps and meet interim deployment milestones beginning in year three and a final milestone by the end of year six. Carriers receiving frozen legacy support would use an increasing percentage to deploy 5G in their existing service areas with the same requirements as 5G Fund winning bidders.

The FCC also posted the draft compound expansions report and order, billed as offering a further boost to 5G and implementing rules sought by the Wireless Infrastructure Association.

The FCC would find an infrastructure modification doesn’t cause a “substantial change” if it entails excavation or deployments at up to 30 feet outside macro tower compound boundaries,the draft says. FCC Democrats dissented when commissioners approved an NPRM in June (see 2006120051) and local and state government groups opposed the change (see 2008040052).

“Additional antennas and other equipment will need to be placed on existing infrastructure to keep pace with continually increasing consumer demand and to enable advanced services,” the draft says: “These collocations will allow providers to take advantage of 5G’s low latency through, for example, cloud computing capabilities at the edge of the mobile network" and "to offer more reliable service, including to first responders, as well as to meet governments’ policy goals of ensuring network resiliency.”

The draft dismisses complaints about the unusually short comment cycle. Comments were due 20 days after Federal Register publication, replies 10 days later. “The Administrative Procedure Act and the Commission’s rules require only that commenters be afforded reasonable notice of the proposed rulemaking,” the draft says.

“While it looks like the commission is considering including some of local governments’ common sense clarifications to WIA’s proposal, which we appreciate, we continue to have significant concerns with this draft,” Nancy Werner, NATOA general counsel, told us. “We hope the commission remains open to further discussion regarding the actual impact these new rules would have on our communities and, specifically, property owners,” she said.

Likely less controversial is an order revising the rules for TV white space (TVWS) devices. The draft proposes to increase the maximum permissible power for fixed devices in “less congested” areas in the TV bands from 10 watts to 16 watts effective isotropic radiated power, double to 500 meters the maximum permissible antenna height above average terrain for fixed devices in these areas “subject to a coordination procedure with TV broadcasters,” mostly eliminate a limit on antenna height above ground, and increase the minimum required separation distances from protected services and entities in the TV bands.

“We adopt a number of changes to the white space device rules to spur continued growth of the white space ecosystem, especially for providing affordable broadband service to rural and unserved communities that can help close the digital divide, while at the same time protecting broadcast television stations in the band from harmful interference,” the draft said.

The draft is good but could be better, emailed Louis Peraertz, vice president-policy at the Wireless ISP Association. “A couple of technical changes would enable more efficient use of that spectrum,” he said: “If the FCC adopts the widely-accepted Longley-Rice Irregular Terrain Model (ITM) interference protection standard, and acknowledges and enables the use of directional antennas in its TVWS database, the band would be equal to its promise. These changes would give more power to the band without creating harmful interference.”

“The FCC gives rural communities an important tool for bringing quality broadband to rural Americans,” said Public Knowledge Senior Vice President Harold Feld. “While no one imagines that this alone will solve the digital divide, common sense rule changes like this will help to make the promise of broadband for all Americans a reality,” he said.