5/7 FCC Public Interest Organizations Comments Urging Competition-Friendly Rules for 12 GHz Band

New America's Open Technology Institute and Public Knowledge drafted comments on behalf of a coalition of Public Interest Organizations (PIOs) urging the Federal Communications Commission ("Commission") urging the Commission to adopt flexible rules for the 12 GHz rules that catalyze competition and provide essential spectrum for infrastructure needed for broadband access and adoption, as well as Wi-Fi services. The Public Interest Organizations—which include Next Century Cities, Consumer Federation of America, Center for Rural Strategies, National Digital Inclusion Alliance, Tribal Digital Village, the Institute for Local Self-Reliance, Access Humboldt, and National Consumer Law Center, on behalf of its low-income clients—also urged the Commission to authorize opportunistic sharing in the 12 GHz band for the widespread public interest benefits, improve broadband access and affordability, and promote a diverse set of use cases in the wireless ecosystem. Available below is an introduction and summary of the comments:

The Public Interest Organizations (“PIOs”) believe that expanding access to spectrum for terrestrial broadband use in the currently very underutilized 500 megahertz between 12.2-12.7 GHz band (“12 GHz band”) can promote the deployment of 5G services, promote competition, enhance the benefits of next generation Wi-Fi, spur innovation, and help to address the digital divide in underserved communities.

First, the PIOs urge the Commission to give considerable weight to how increasing the spectrum use rights for current terrestrial licensees in the 12 GHz band will positively enhance broadband competition. Increasing competition within the broadband space has profound public interest benefits ranging from better quality of service to more affordable broadband access. Expanding non-interfering access in 12 GHz will help maximize the number of potential 5G broadband providers, particularly in rural areas, and increase competitive broadband offerings, which in turn will benefit consumers by improving access, affordability and quality of service. The Commission should balance expanding the spectrum rights of existing licensees in the 12 GHz band with aggressive build out requirements and allow opportunistic, shared access to fallow spectrum. These policies will help incentivize build out and ensure that the 12 GHz band meets its full potential.

Second, the PIOs urge the Commission to authorize an unlicensed underlay for at least low-power, indoor use across the entire band. An unlicensed underlay will add 500 MHz of contiguous spectrum for new unlicensed applications. While the recent addition of 1,240 MHz in the 5.9 GHz and 6 GHz bands will help ease the existing unlicensed spectrum crunch, the continued projected growth of unlicensed spectrum use in a 5G wireless ecosystem—including at very low power for augmented reality (AR) and virtual reality (VR) wearable devices—requires a pipeline that will make more wide-channel, contiguous spectrum available as the need increases. Wi-Fi 7, the next generation of Wi-Fi technology currently being designed, will require a channel size of 360 MHz to support enhanced gigabit throughput. The 500 MHz of contiguous spectrum here represents a unique opportunity to create the necessary capacity to encourage development of these new technologies and facilitate their deployment in the future.

Third, the PIOs urge the Commission to authorize opportunistic access to unused capacity in the 12 GHz band outdoors to the extent technically feasible and consistent with protecting the primary licensed services from harmful interference. Opportunistic access to up to 500 megahertz of unused spectrum in a community can help meet the demand for highercapacity fixed wireless services and thereby improve broadband access in rural, Tribal, and other underserved areas. Opportunistic access for fixed, point-to-multipoint (“P2MP”) terrestrial broadband can ensure the most intensive and efficient use of the band. This is particularly relevant if the Commission reallocates all or a portion of the band to flexible use licensing. Mobile carriers incorporating 12 GHz spectrum in their 5G networks are very likely to focus on urban, inner suburban and other high-traffic areas for the foreseeable future. In the meantime, opening access to unused capacity in the 12 GHz band would provide rural ISPs and other entities with the spectrum-for-infrastructure they need to expand broadband services and help to bridge the digital divide.

This proceeding provides an excellent opportunity for the Commission to take another innovative leap forward in spectrum management policy to fuel the nation’s wireless future. Any grant of new flexible use spectrum rights should be accompanied by a corresponding obligation to cooperate with opportunistic sharing, whether on a use-it-or-share-it basis or based on a lowpower unlicensed underlay. Opportunistic and unlicensed access to unused capacity can be put to use by a wide variety of users across the country, serving the unique needs of diverse communities, community anchor institutions, business establishments and consumers at home.