Fights Break Out Before FCC Mid-Band Spectrum Inquiry
A notice of inquiry on mid-band spectrum, circulated by Chairman Ajit Pai July 13 (see 1707130059), is likely to be approved with support of all three commissioners, proving once again that spectrum is usually nonpartisan, industry and FCC officials said Monday. That doesn’t mean there isn’t controversy. A fight is already on between Mimosa and Intel and others over a key band -- 3.7 GHz. Other fights are likely, especially since satellite companies and other incumbents are already in many of the bands getting FCC attention.
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"Generally speaking, the FCC's jurisprudence dictates that spectrum policy should boil down to whether a change produces harmful interference to incumbent licensees,” said former Commissioner Robert McDowell, who represents Mobile Future. “The NOI will try to tee up questions regarding how best to place more spectrum into the hands of consumers without causing harmful interference and disruption. Sometimes, that's easier said than done."
"The commission keeps talking about the need for innovation, but it seems stuck in the same regulatory models which produce the same winners and losers and the same results," said Harold Feld, senior vice president at Public Knowledge. "The commission is never going to solve the digital divide if it keeps relying on auction-based policies for exclusive licenses that make it economically impossible to serve rural areas."
“This NOI bridges the gap between those low-frequency and high-frequency bands by examining the frequencies between 3.7 GHz and 24 GHz,” said a fact sheet. “It will begin the process of determining whether spectrum in this range can be made available for wireless broadband use and will explore various options.” The NOI asks about 3.7-4.2 GHz, 5.925-6.425 GHz and 6.425-7.125 GHz.
If the agency auctions the 3.7 GHz band as proposed by an Intel-led coalition (see 1707120043), wireless ISPs and other small players would be left out, Mimosa CEO Brian Hinman blogged. “The auctioned spectrum model simply does not work for small to mid-sized service operators.” In the AWS-3 auction, four big players paid $41 billion for 65 MHz of spectrum, the company said. “If an incentive auction occurs for the 500 MHz of spectrum in the 3.7 GHz band, we can imagine numbers being of similar magnitude,” the blog said. “The largest WISP in the United States is Rise Broadband, based in Englewood, Colorado. With 200k subscribers and $150M in revenue, Rise has grown through the acquisition of several smaller service providers. Rise’s total capitalization is less than the smallest bidder.”
Things have been mostly quiet on the draft NOI, based on filings in docket 17-183. Cisco filed on a meeting last week by advocates of the Intel-fronted proposal, providing a glimpse of other supporters. Apple, AT&T, Broadcom, Ericsson, Nokia, T-Mobile, Verizon and the Wi-Fi Alliance attended the meeting with Wireless Bureau Chief Donald Stockdale and other staffers. The companies asked the FCC to move quickly on the NOI, followed by an NPRM and an order.
Mimosa and the Wireless ISP Association filed twice on their proposal for the 3.7 GHz band, meeting with aides to Pai and Commissioner Mike O’Rielly. Mimosa and WISPA suggested the FCC address the 3.7 GHz spectrum apart from the lower and upper 6 GHz bands. New America is hosting a panel on the topic Tuesday.
“There’s no arguing with the fact that spectrum is an invaluable resource," said Steve Berry, president of the Competitive Carriers Association. "CCA continues to encourage policymakers to find ways to free up as much spectrum as possible for next-generation services."
“WISPA believes that the auction model is an inappropriate means to solve the national broadband problem,” said Stephen Coran of Lerman Senter, its lawyer. “It erects barriers to entry that make it exceedingly difficult to deploy cost-effective and affordable fixed broadband service. ... Rural Americans should not be consigned to unlicensed spectrum.”