Simington Sees No Easy Path to Fixed Wireless in Lower 12 GHz Band

FCC commissioners approved a multipart item on the lower and upper parts of the 12 GHz band 4-0 during Thursday's open meeting. FCC officials said a few questions were added, but there were no major changes from the draft (see 2305170039).

A Further NPRM is on fixed wireless and unlicensed use of 12.2-12.7 GHz spectrum (see 2304270077) and an order sets the spectrum aside for now for satellite use. An NPRM proposes to repurpose some or all of the 12.7-13.23 GHz band for mobile broadband or other expanded use. Commissioner Nathan Simington emphasized the FCC now asks for real-world studies and other data on non-satellite use of the lower band.

The FCC addresses more than 1,000 MHz of “prime mid-band spectrum” located “right in the middle of the 7-16 GHz band we have already identified as the sweet spot for the 6G era,” said Chairwoman Jessica Rosenworcel.

Protecting satellite incumbents in the lower band is “the right policy call” and the FCC “gets the engineering right,” Simington said. Non-geostationary orbit satellites frequently speak to arrays of electronically steered receivers and “signal rejection within those receivers is frequently achieved very close to the desired reception angle,” he said: “The power levels and coverage profiles of terrestrial networks risk saturating such arrays with interference from networks of powerful terrestrial transmitters.”

Barring “significant technology developments driving down the price and complexity of individual array elements … this will probably be the case for some time to come,” Simington warned.

Simington said he’s “hopeful” satellite and two-way, high-power fixed wireless service can coexist in 12.2-12.7 GHz, but “the FCC needs to make sure that it’s not putting the cart before the horse and that it protects incumbents.” Language added to the FNPRM at his request asks advocates of expanded use of the lower band to provide “clear and detailed technical and operational information, including studies, preferably real-world studies, that support these proposals,” Simington said.

“We recognize that millions of people rely on services in this band, and we want to see that continue,” Rosenworcel said: “We also realize there may be additional potential in these airwaves, so we are exploring ways to also use this mid-band spectrum for fixed licensed and unlicensed terrestrial services.”

Commissioner Geoffrey Starks said he has concerns about whether satellite and wireless companies could share the lower band but is committed “to following the engineering wherever it went.” Based on the studies filed, “our engineers have concluded that high-powered mobile broadband, when deployed throughout the country, will interfere with established and emerging satellite services that serve millions of consumers,” he said. Starks said he “would have welcomed a path forward that allowed both services to thrive. But for now, it’s time for us to adapt.”

Both Rosenworcel and Starks said approval of the item underscores the need for Congress to restore the FCC’s auction authority.

'Flourishing Convergence'

The world is in the midst of “flourishing of convergence when you look at the various technologies that are available for connectivity,” said Commissioner Brendan Carr. “We’ve got to take a balanced approach to make sure that all of these technologies have the opportunity to succeed and thrive on their own merits,” he said. Carr said the FCC should “continue to put the pedal down as hard as we can to continue to free up spectrum for 5G and other use cases.”

“Although we had hoped the engineering would support opening the lower band for mobile use to enhance mobile competition, we respect the FCC’s engineering analysis,” said Public Knowledge Senior Vice President Harold Feld: “We have always said the science must lead, and the FCC has done a thorough and conscientious job. By the same token, we are pleased that the FCC will continue to look at ways to make this spectrum more productive.” The band can be used to “bridge the digital divide,” he said.

The NPRM on the upper band, sometimes referred to as 13 GHz, is “a powerful reminder of the need for Congress to quickly restore the FCC auction program to support important future auctions,” blogged Scott Bergmann, CTIA senior vice president-regulatory affairs. “While there is much work to do to make the 13 GHz band a reality, the FCC is planting the seeds for spectrum that will eventually play a key role in next-generation wireless services,” he said. The FCC proposes a licensed regime, which is “a formula that has been critical to U.S. wireless leadership, providing the certainty and predictability that have driven world-leading network investment here in the U.S.,” Bergmann said.

“RS Access welcomes the FCC's unanimous and bipartisan vote on how to enable valuable consumer services in the 12 GHz Band,” emailed CEO Noah Campbell: “This vote is the culmination of years of advocacy at the Commission and a major step in updating outdated rules in the 12.2 GHz -12.7 GHz Band while adding over 1,000 MHz of mid-band spectrum to the wireless ecosystem.”

Meeting Notebook

Asked about the Standard/Tegna deal, Carr criticized the FCC's review process and said the agency should give an up or down decision. Referring some issues to the administrative law judge (see 2302270066) sends a signal to broadcasters and others that any lengthy transaction before the agency could "fall through a procedural trapdoor" with no near-term prospect for getting a definitive decision, he said. Carr said the agency needs to incentivize more broadcast industry investment to avoid the newspaper industry's business woes and closings, and it should set aside rules that chill possible investment. Rosenworcel didn't comment. Sen. Elizabeth Warren, D-Mass., meanwhile, urged Rosenworcel to continue the FCC's current course on Standard/Tegna despite pressure from other lawmakers and stakeholders. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and Senate Commerce Committee ranking member Ted Cruz, R-Texas, want the FCC’s Office of Inspector General to investigate Rosenworcel’s handling of the merger review (see 2305160088). “The FCC has a duty to review the possible anticompetitive effects of the merger, including reduced media competition, higher prices, and worker layoffs,” Warren said in a letter to Rosenworcel. “Media mergers and acquisitions can result in less diversity and inclusion in the industry, perpetuating harmful stereotypes and eliminating competition for marginalized workers.”

An item is under circulation on another waiver of the Connect America Fund budget control mechanism for rural cost-based broadband loop support and high-cost loop support recipients, Rosenworcel confirmed. The current waiver is to expire in June (see 2205100072). Rosenworcel also told reporters the commission expects to release the next iteration of its broadband availability maps May 30. Carr emphasized the need for the next iteration to be as accurate as possible to prevent overbuilding from federal broadband investments.

The FCC is looking at AI for “everything from robocalls to network reliability and self-healing” networks, Rosenworcel told reporters. “We’re doing some work behind the scenes,” but there’s nothing new to announce, she said. Rosenworcel also noted an AI forum the FCC held under former Chairman Ajit Pai in 2018 (see 1811300051). AI has been a hot topic this week on Capitol Hill (see 2305160074). “AI is certainly a hot topic right now -- I don’t think there’s a lack of D.C. officials looking at it,” Carr said. He said he welcomed Congress’ high-level examination. “There are a lot of sort of the right policymakers in D.C. talking about this early enough where we can put a broad framework in place,” he said.