Wi-Fi in 5 GHz Band No Slam Dunk, NTIA Concludes

In last year’s spectrum law, Congress mandated two studies by NTIA of the 5350-5470 MHz band, which was to have been completed in October, and of the 5850-5925 MHz band, due in August. Instead, NTIA offered some preliminary conclusions for both bands. One previously identified potential roadblock is that the Department of Transportation is already studying use of the 5850-5925 MHz band for a Dedicated Short Range Communications (DSRC) backbone, to help prevent collisions on the roads (CD Jan 16 p1).

"Several federal agencies currently use the two potential 5 GHz expansion bands that are the subject of this study,” NTIA said (http://xrl.us/bocbpg). “Federal systems in these bands include a variety of radar systems installed on airborne, ground-based, shipborne, and space-based platforms. In addition to radar operations, federal users operate a number of airborne RF communications systems at sites across the United States in these bands to conduct, for example, testing and training of unmanned aircraft systems data and command links for intelligence, surveillance, reconnaissance and combat search and rescue missions."

Given the state of play of current FCC regulation, “further analysis is required to determine whether and how ... risk factors can be mitigated,” NTIA said. “NTIA, in collaboration with the federal and industry stakeholders and the FCC, will conduct quantitative analysis of potential mitigation requirements in connection with regulatory proceedings.” Sensing and other sharing technologies are “advancing at a rapid pace,” the report said. Still, “NTIA recognizes the importance of these bands to the federal agencies, international satellite-sensor data users, and the transportation industry and the potential risks of introducing a substantial number of new, unlicensed devices into them without proper safeguards."

"From the perspective of those hoping to see more spectrum made available for Wi-Fi quickly, this is disappointing,” said Pubic Knowledge Senior Vice President Harold Feld. “On the other hand, it should allay the criticism leveled by some that the administration is embracing spectrum sharing over spectrum clearing. As this proves, NTIA will approve neither clearing or sharing if it does not think they are compatible with federal needs. There is no reason, however, why proceedings at the FCC and NTIA cannot move simultaneously. Hopefully, NTIA and the federal users in these bands will work to resolve federal concerns at the same time the FCC is developing rules for Wi-Fi operations in the band.”

"This just confirms what we said before: the promise of unlicensed in 5 GHz is a good thing, but not a done deal yet -- nor even if it were, not a substitute for promoting unlicensed in multiple bands,” said Free Press Policy Director Matt Wood.

Scott Belcher, president of the Intelligent Transportation Society of America, said he is still reviewing the report with an eye on DSRC. “We are pleased with the amount of effort and diligence that NTIA has put into this analysis, and particularly the recognition that connected vehicle technology ‘will enhance safety on the nation’s highways,’ potentially addressing 80 percent of crash scenarios involving non-impaired drivers according to the National Highway Traffic Safety Administration,” he said. “We share NTIA’s concerns about the potential risks associated with introducing a substantial number of new, unlicensed devices into the 5.9 GHz band without proper safeguards."

"We're pleased that the report has been released and the commission will continue to collaborate closely with both federal and non-federal users of the 5 GHz band, as we move expeditiously to complete our proceeding to unleash up to 195 MHz of spectrum for gigabyte Wi-Fi,” an FCC spokesman said.

Rep. Doris Matsui, D-Calif., commended the report, which she said “reaffirms the need to preserve unlicensed spectrum,” in a news release Friday. “It is my hope that the FCC will move quickly on its rulemaking process to expedite more unlicensed spectrum in the 5 GHz band. Moreover, we should not stop there as additional unlicensed spectrum will be required to meet future demand for consumers and to spur innovation,” she said. Republican leaders of the House Communications Subcommittee were still reviewing NTIA’s report, a committee spokesman told us. Subcommittee Vice Chair Bob Latta, R-Ohio, said he was “glad” to see the report, “albeit several months late,” in comments emailed by the committee spokesman.

Subcommittee Chairman Greg Walden, R-Ore., said the FCC should focus on the 5 GHz band for unlicensed use and seek to minimize the size of guard bands in the forthcoming spectrum auction, according to the committee spokesman’s email. Walden said the recent filing from carriers and broadcasters “buttressed House Republicans’ position that the FCC should maximize the amount of spectrum auctioned and base guard-band size on sound engineering, as required by the statute,” the email said. “The FCC’s efforts to unnecessarily increase guard band sizes for purposes of unlicensed use will reduce the revenues raised by the auction by billions of dollars and put at risk the funding necessary to build out the public safety network that is badly needed by our first responders. To help avoid this outcome, I urge the FCC to focus additional unlicensed use in the 5 GHz band as provided in the statute.” Latta said: “Rather than focusing on the lower frequencies for unlicensed use, we should be examining the 5GHz band, as also required by the statute, since it may be particularly well suited to wifi services,” according to the email.