O'Rielly Urges More 5G Bands in Likely His Last Speech as a Commissioner

In what he said will likely be his final speech as a commissioner, Mike O’Rielly told a GSMA/CTIA conference FCC should focus on the 7 GHz and other bands in the months ahead and that some, if not all 7 Ghz, should be repurposed for 5G. Beyond making the 3.45-3.55 GHz band available for 5G, and potentially spectrum below 3.45, the next vein of spectrum to tap for 5G isn't clear and warrants a discussion, said AT&T Vice President-Federal Regulatory Hank Hultquist.

Take a long view, O'Rielly said Wednesday: “It is easy for many of us who closely follow spectrum issues to forget to see the forest for the trees.” He said with nearly 1.3 gigahertz of spectrum between 7125 and 8400 MHz, the 7 GHz band "provides ample opportunity for commercial uses." While that doesn't mean the whole band can be repurposed, "it absolutely should be studied to see what spectrum can be cleared and, if clearing isn’t possible, shared, and in what manner,” he said.

Another area of focus should be 4 GHz, O’Rielly said. The FCC approved an order 3-2 last month giving states the right to relicense 50 MHz of the 4.9 GHz band, with O’Rielly reservations (see 2009300050). “While our recent decision may generate limited interest in this band, I am confident that further Commission action will be forthcoming, especially since the item had a rather substantive further notice attached,” he said Wednesday. “Vigorously pursue” a proceeding looking at the entire 3.1-3.55 GHz band, he urged: “While steps to clear nonfederal users from the upper 250 megahertz is a first step, the focus going forward must be on introducing commercial broadband use to the band as quickly as possible.”

In the speech, O'Rielly appeared to hint at a possible post-FCC position: "However, it is possible that, from my next perch, I will be able to help steer some of the international debates in a more collectively advantageous manner. Certainly, my objectives won’t change, but perhaps the tactics will be moderated." His office declined to comment on whether O'Rielly was referencing a specific role. Heavily redacted documents obtained by Communications Daily through a Freedom of Information Act request (see 2009170039) appear to indicate that O’Rielly began considering post-FCC employment shortly after his renomination was withdrawn Aug. 3.

An Aug.7 email from FCC Ethics Counsel Sharon Kelley with the subject line “O’Rielly office request” said O’Rielly Chief of Staff Joel Miller had been sent memos on job seeking and “post-employment.” An Aug.12 email to Miller from FCC Ethics Counsel David Hu has the subject line, “Commissioner O'Rielly office request for Conference Call on Ethics Issues” and is CC’d to other ethics attorneys in the Office of General Counsel. The documents show a scheduled virtual meeting on the same subject for Aug. 14. The O’Rielly office declined to comment.

Intel Global Executive Director-Digital Infrastructure Policy Jayne Stancavage said there's midband spectrum available at 1427-1518 MHz, and the U.S. is one of the few nations that hasn't gone that route. She said there could be mobile terrestrial opportunities in the 1300-1400 MHz band.

Probably the most important spectrum policy development of 2021 will be the results of the November election and a new FCC and how that affects spectrum policy, AT&T's Hultquist said Thursday. FCC Office of Engineering and Technology acting Chief Engineer Ron Repasi said the 3450-3550 MHz auction starting in 2021 will put a notable amount of midband spectrum that's globally harmonized in play.

The U.S. lags behind peer nations in making midband spectrum available for commercial use, which points to the need for a national spectrum strategy targeting underutilized spectrum and encouraging federal users to make it available, said House Communications Vice Chair Doris Matsui, D-Calif. She criticized DOD interest in a government-operated 5G network (see 2010190057) in the 3.45-3.55 GHz band. With those peer nations making on average 660 MHz of licensed midband spectrum available for 5G in the next two years, that DOD plan could delay bringing 3.45-3.55 GHz to market, she said. "Now is not the time to pursue untested and unproved government technology." She said she's working on wireless legislation to address federal spectrum efficiency, plus workforce needs for 5G deployment.

With the FCC's focus on broadband accessibility and deployment, "affordability has been lost in the shuffle," said Bill Davenport, aide to Commissioner Geoffrey Starks. He said Starks in the coming year wants to focus more on tools available to the commission such as requiring carriers receiving universal service funding to provide an affordable broadband option. He said there also could be discussions with Congress about a voucher system.

Will Adams, aide to Commissioner Brendan Carr, and NTIA Senior Policy Adviser Derek Khlopin said the U.S. is on the right track in removing obstacles to deployment, making spectrum available and targeting funding to incentivize buildouts. Adams said given robust private sector investments, “Why would we change course? The challenge is … hit the gas harder” and foster private sector investment in spectrum and infrastructure.