FCC Approves Spectrum NOI, ACP Order on Unanimous Votes

FCC commissioners approved a notice of inquiry on the use of AI and other technologies in managing how spectrum is used and an order providing an up-to-$75 monthly broadband benefit, through the affordable connectivity program, for subscribers living in qualifying high-cost areas, both 4-0 Thursday.

The spectrum item focuses on nonfederal spectrum and raised early concerns in the wireless industry, though other experts see potential benefits (see 2308020054). All the commissioners at the meeting welcomed the inquiry.

AI can potentially play a role in helping understand how spectrum is used, said Chairwoman Jessica Rosenworcel. A large carrier’s network can generate millions of performance measurements every minute, she said: “Using those measurements, machine learning can provide insights that help better understand network usage, support greater spectrum efficiency and improve resiliency by making it possible to heal networks on their own.”

Rosenworcel cited the work of the Defense Advanced Research Projects Agency and National Science Foundation, including DARPA’s Colosseum network emulator at Northeastern University in Boston. Several years ago, DARPA’s spectrum collaboration challenge “invited innovators to design new wireless networks using AI,” she said: “Teams used AI-enabled radios to go head-to-head against each other demonstrating how machine learning can support real-time dynamic spectrum decision-making, increasing efficiency and decreasing interference.”

The FCC isn’t going to “throw out the table of frequency allocations -- I think that would be very, very, very premature,” said Commissioner Nathan Simington. Allocation decisions are “coming under a kind of pressure that we didn’t have before” and the FCC has to ask whether a spectrum assignment is “justifiable in perpetuity or just one that” served “the needs at the moment,” he said. The FCC is right to ask questions, he said.

“Expanding spectrum access is particularly ripe … for data-driven enhancements,” said Commissioner Geoffrey Starks. “Developing accurate information about how we’re using spectrum today may be one of the best ways to ensure we have enough of it available for use tomorrow,” he said.

The FCC doesn’t have many “sophisticated tools … to see in real time” how spectrum is used, said Commissioner Brendan Carr. The focus of the NOI is “how the information can be used by the FCC in a range of ways to help promote more intensive use, to promote innovation and promote competition,” Carr said. “I’m glad we’re launching this inquiry today to see what tools are out there to give us a better picture of the current state of the use of spectrum,” he said.

For five years in a row, the U.S. wireless industry has set records for network investment, CTIA said in a statement. “As wireless providers continue to show their commitment to building world-leading 5G networks, efficient spectrum management is important to help free up additional spectrum to meet skyrocketing consumer data use,” CTIA said: “We need more licensed, exclusive-use, full-power, mid-band spectrum to keep up with growing data demands and to ensure America leads in wireless innovation.”

ACP

Also adopted Thursday was an order establishing a monthly ACP subsidy for broadband for eligible households residing in high-cost areas. The order determined eligibility based on the definition of high-cost areas NTIA used in its broadband, equity, access and deployment program. Providers may offer the benefit if they can demonstrate they face a particular economic hardship in a given area by providing documentation that "reasonably allocate[s] their cost and revenues for the high-cost areas where they seek to offer the benefit."

"ACP's continued success in rural America will do more than help millions of rural families get and stay connected," Starks said. The item is a "recognition by Congress of the real costs that come with serving high-cost parts of the country," said Carr, adding his appreciation that the final item included protections against waste fraud and abuse: "I think all that will really move this in the right direction."

The FCC is "laser focused on protecting the integrity and success of [ACP]," Rosenworcel said: "That is why in implementing this aspect of the law today, we put in place safeguards recommended by the Office of Inspector General to ensure that the high-cost area benefit works the way Congress intended."

Commissioners also approved a roughly $299.9 million fine against an enterprise involved in an auto warranty robocall scam. Sumco Panama, Virtual Telecom, Davis Telecom, Geist Telecom, Fugle Telecom, Tech Direct, Mobi Telecom and Posting Express were found liable for making more than 5 billion robocalls and violating federal spoofing laws. “We take seriously our responsibility to protect consumers and the integrity of U.S. communications networks from the onslaught of these types of pernicious calls,” said Enforcement Bureau Chief Loyaan Egal. The FCC next meets Sept. 21.