FCC Offering Little Guidance on Outlook for 12 GHz Bands

The outlook for both the lower and upper 12 GHz bands remain unclear, with the FCC and Chairwoman Jessica Rosenworcel providing little guidance in recent months on next steps in either band. The 5G for 12 GHz Coalition has been relatively quiet this year and there have been few filings in docket 20-443 exploring the lower band.

The FCC recently wrapped up the comment cycle on a notice of inquiry on the upper part, above 12.7 GHz (see 2301110047), sometimes called the 13 GHz band. Proponents of using the lower 12.2-12.7 GHz band for 5G have been waiting for more than a year for action (see 2210130063).

Industry lawyers said they don’t have a clear idea what the FCC will do next and which band may be addressed first by the agency. The lawyers note it will likely take FCC staff months to work through the comments on the 13 GHz NOI. The FCC declined comment Monday. One recurring question from OET appears to be whether the lower 12 GHz can be used safely for mobile and fixed wireless, or just fixed.

Incompas CEO Chip Pickering, a leader of the 5G for 12 GHz Coalition, told us the group remains hopeful for action “in the coming months,” starting with the lower 12 GHz. “We do think that the record is complete and that the engineering continues to show there are ways that we can have multiple uses without harmful interference,” he said. Pickering expects two separate items from the FCC,= but noted “from a pipeline perspective” the two bands together offer 1,000 MHz of spectrum for multiple uses and are “very attractive and very complementary.”

The lower 12 GHz could be deployed for wireless broadband as part of the $42.5 billion broadband, equity, access and deployment program, Pickering said. Incompas expects NTIA to make allocations to the states in June, he noted. “The timing for maximum benefit is now,” he said: “The sooner, the better.”

“We remain confident that some form of terrestrial broadband use is compatible with the incumbent satellite services,” said Michael Calabrese, director of the Wireless Future Program at New America: “The question at this point is mainly whether shared terrestrial use can be mobile- or only fixed-wireless and what geographies and power levels for either can protect existing satellite services,” he said.

"I’m optimistic that the commission will move forward with allowing new terrestrial wireless services, in some form, at 12 GHz,” said former Commissioner Mike O’Rielly. “The need for commercial spectrum, here it’s up to 500 MHz, and the science on sharing the band, make it a great and timely candidate for action,” he said.

With the spectrum pipeline running dry, 12 GHz offers “the best potential for a large Rosenworcel-era legacy auction,” said Cooley’s Robert McDowell, also a former commissioner. The lower 12 GHz involves interests that may be tough to “disentangle and resolve equitably” and there will likely be “winners and losers,” he said: The band may prove “the last best hope for a major mid-band tranche of licensed spectrum getting into the hands of consumers for several more years."

NTIA Involvement

NTIA filed on 13 GHz and “I have to imagine that FCC is working very closely with them on protecting DOD before moving forward on any proposals,” emailed Public Knowledge Senior Vice President Harold Feld. Rosenworcel “worked extremely hard to rebuild … bridges and this is the first test of the new process outlined” in last year’s updated memorandum of understanding with NTIA (see 2208020076), he said: “It is natural … that the FCC is going to consult closely with NTIA and make sure that everyone on the fed side is comfortable with whatever the FCC proposes before saying anything publicly.”

Announcements could come at the Mobile World Congress in late February or as part of the administration's “long-awaited” spectrum policy, Feld predicted. “Every Chair likes to have something for MWC,” he said: “If the administration really is going to get its spectrum policy out real soon, it would make sense to hold off on any big announcement until afterwards.”

On 12 GHz, “the commission seems OK with simply letting the docket stay open” while the Office of Engineering and Technology works through “potential interference concerns,” said Jeffrey Westling, American Action Forum director-technology and innovation policy. But Rosenworcel “hasn't really had too many spectrum ‘wins’ and this could be a good opportunity to put her stake in the ground,” he said: “While separate bands with different considerations, the FCC could also be waiting to develop the record on the upper 12 GHz and lower 13 GHz to package reforms into one larger item. By packaging everything into one item, it could be easier for the FCC to balance the competing interests of the wide range of interested parties, allowing for a compromise … between the interests.”

“Unfortunately for both proceedings, they are viewed as fairly political,” but “we have solid engineering data that the FCC can at least move forward with opening up 12 GHz for fixed mobile use,” said Digital Progress Institute President Joel Thayer. An order opening the lower section for fixed wireless could “get the ball rolling,” he predicted: Timing “comes down to the chairwoman at this point, and she has been apprehensive when approaching spectrum issues without a clear majority.”

The commission “is being pushed to pick a winning allocation in a zero-sum way, which partially explains the drawn-out nature of the proceedings” and “would be better off maximizing flexibility, even for rights currently held by incumbents, and then working out exact uses in the market,” emailed Joe Kane, Information Technology and Innovation Foundation director-broadband and spectrum policy.

Timing could be a concern, if the FCC decides to make any portion of the bands available for licensed, commercial use, but questions remain whether the agency will have authority to do so with a short-term extension of auction authority set to expire soon, Westling said. “There are significant fights between wireless, cable, and DOD regarding specific spectrum bands that should be included for auction,” he said.

Incompas officials discussed 12 GHz in meetings with Commissioners Geoffrey Starks and Nathan Simington, said the one recent filing in docket 20-443. “This band has no federal encumbrances, does not require an auction, and can be put to immediate use once the Commission updates its rules,” Incompas said: “It also offers significant opportunity for shared use that would increase innovation, promote competition, and lower consumer costs.”