New OTI Report Calls on the FCC to Open Vacant Spectrum in Federal and Licensed Bands on a ‘Use-it-or-Share-it’ Basis

Today, New America’s Open Technology Institute and its Wireless Future Project published a report proposing that the Federal Communications Commission (FCC) authorize opportunistic use of vacant spectrum as the default policy for a far larger number of underutilized federal and licensed frequency bands, as well as in newly allocated bands. OTI and other spectrum sharing advocates have urged the FCC to adopt this “use-it-or-share-it” approach when it votes on March 17 to approve an auction of military spectrum at 3450-3550 MHz for commercial use.

The report—Use it or Share it: A New Default Policy for Spectrum Management—identifies 1,400 megahertz of extremely underutilized federal and licensed mid-band spectrum that it recommends should be considered for shared use on at least a temporary basis. Half of this spectrum, in the lower 3 GHz and 4 GHz bands, is occupied by the military and other federal services that only use a fraction of the capacity, and could share while being fully protected from harmful interference. Another 700 megahertz of very underutilized spectrum is currently used by satellite services in 12 GHz and in the ongoing C-band, but could accommodate additional uses.

The following quote can be attributed to Michael Calabrese, director of the Wireless Future Project at New America’s Open Technology Institute and author of the report:

“The FCC’s upcoming vote on how best to share military radar spectrum in the lower 3 GHz band is a prime opportunity to expand on the use-it-or-share-it rules that govern the band just above, which is being shared successfully with the U.S. Navy.

“The big mobile carriers that spend billions of dollars at auctions often leave the spectrum unused in rural and other less profitable communities for many years. Vacant spectrum should be open for use by small internet service providers and for enterprise networks by anyone who can operate without causing interference to incumbents.

“Authorizing opportunistic access to unused spectrum is the closest we’ll ever get to a spectrum ‘free lunch’.”

More detail from Use It or Share It:

The report describes four proven precedents for FCC authorization of a use-it-or-share-it approach that protect incumbent users while promoting more intensive use of the public airwaves to meet surging consumer demand and several other key policy goals. Prominent among these objectives, the report emphasizes, is to narrow the digital divide by promoting wireless broadband deployment in rural and underserved communities where a disproportionate share of both federal and auctioned spectrum lays fallow.

Since 2014 the FCC has twice authorized opportunistic access to unused spectrum following auctions for “flexible use” licenses in the 600 MHz band (after TV band incentive auction) and in the 3550-3650 MHz band (after last year’s auction of Priority Access Licenses). In both bands, as well as in the 6 GHz unlicensed Order last April, the FCC authorized opportunistic access that relies on automated frequency coordination systems to fully protect primary licensees.

The report also explains why the FCC has a legal obligation under the First Amendment to facilitate more diverse communications using the public airwaves and not to prohibit any non-interfering use of vacant spectrum. Calabrese describes how in recent years the Commission has moved in this direction by relying more explicitly on a balancing test that permits more intensive sharing provided that incumbents do not suffer substantial and harmful interference. The FCC’s Order last year allowing unlicensed sharing across the entire 6 GHz band to fuel next generation Wi-Fi 6E – a band already occupied by thousands of licensed links and broadcasting incumbents – is among the recent examples of the trend toward opportunistic and dynamic spectrum sharing.