Wireless Infrastructure Could Have Dissents; White Spaces Order Changes Likely in an FNPRM
The FCC is expected to approve an order making further changes to wireless infrastructure rules in what could be a 3-2 vote Tuesday, with opposition possible from Commissioners Jessica Rosenworcel and Geoffrey Starks, industry and FCC officials said. The order appears to have moved little since Chairman Ajit Pai circulated it, officials said. On a second wireless item, changes appear likely to the TV white spaces order, also set for a vote, with the FCC likely to seek comment on changes sought by Microsoft, officials said.
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Under the compound expansions order, the FCC would clarify that an infrastructure modification doesn’t cause a “substantial change” if it entails excavation or deployments up to 30 feet outside macro tower compound boundaries (see 2010060060). FCC Democrats dissented when commissioners approved an NPRM in June (see 2006120051). Industry supports the change, while state and local government groups have raised concerns (see 2010200034).
“As elected stewards of public property, safety and welfare, counties obviously have major concerns regarding those rulings that would essentially allow the industry to usurp state and local regulations,” said Arthur Scott, National Association of Counties associate legislative director and political outreach manager. “We are frustrated to see the lack of understanding of the relationship and the role that local governments play,” he said. Local government officials want 5G, he said: “We can’t do it at the expense of the roles that we are literally elected to serve.”
Three years ago, “the U.S. was behind” on 5G and wireless infrastructure, Commissioner Brendan Carr said at the Competitive Carriers Association conference Wednesday. “It cost too much and it took too long to build internet infrastructure in this county,” he said: “China and other nations were looking to put us in the rearview mirror. But the private sector flipped the script on that. We’re now seeing internet infrastructure builds at an accelerating clip.” Carr, who has overseen FCC work on wireless infrastructure, said the further changes are justified. Many tower facilities are “pretty full,” and “we’re looking to add resiliency, which can mean backup power; we’re looking to add functionality, which can be mobile-edge compute,” he said.
Carr toured a cellsite Wednesday with Wireless Infrastructure Association CEO Jonathan Adelstein and others from the group, said a WIA filing posted Thursday in docket 19-250. WIA said the tour gave Carr an in-person view of why tower companies need space to add to their compounds. “In Virginia … met with wireless providers that are working hard to expand high-speed Internet services that can support distance learning for students, telehealth, + more,” Carr tweeted.
Commissioners Mike O’Rielly, Rosenworcel and Starks asked that the TV white spaces changes sought by Microsoft be teed up in a Further NPRM, though they haven’t gotten signoff from Pai’s office. The proposed changes are unlikely to go as far as the Wireless ISP Association asked (see 2010200046), officials said.
Microsoft asked (see 2010160041) that the FCC “make clear that a narrowband white space device can operate as a master device if it incorporates geo-location functionality and contacts the white space database to obtain a list of available channels at its location” and “permit client narrowband white space devices to be clients to mobile and narrowband master devices, in addition to master fixed and Mode II personal/portable devices.”
Microsoft had more calls this week, said a filing posted Thursday. The company spoke with aides to Pai, O’Rielly and Rosenworcel, as well as an Office of Engineering and Technology staffer. WISPA reported on a meeting this week with an aide to O’Rielly.
Michael Calabrese, director of the Wireless Future Program at New America, told us he remains hopeful an FNPRM will seek comment on the kind of changes his group and WISPA seek. “My meetings … found agreement that bureau staff had dropped the ball by not going far enough to make the vacant spectrum useful for rural America,” he said. “WISPA and public interest groups had advocated for updating the geolocation database so that it takes account of real-world terrain features. Since the FCC has adopted this in the rules for [citizens broadband radio service] and 6 GHz, it seemed straightforward, yet the staff balked apparently for no reason other than the TV broadcasters don’t like it,” he said. “Now that the time is short, we remain hopeful that at least a further notice of rulemaking will be included to finish updating the rules.”
The changes the FCC is taking up were based on an agreement between Microsoft and NAB. NAB didn’t comment Thursday.