9/10 FCC Reply Comments Discussing Space Launch Operations in Wi-Fi Spectrum

New America's Open Technology Institute wrote and submitted reply comments responding to arguments in the record urging the Federal Communications Commission (Commission) not to issue blanket authorizations for commercial space launch operations in the 5 GHz band. The comments, filed with Public Knowledge, argue that due to the potential harms to Wi-Fi in the upper 5 GHz band and the lack of need for broad permission for commercial space launch operations in the band, the Commission should retain the current case-by-case approach to most protect the interests of consumers and the future of U.S. connectivity with Wi-Fi 6 and the 5.9 GHz and 6 GHz bands soon being available for use. An introduction of the reply comments are available below:

New America’s Open Technology Institute (“OTI”) and Public Knowledge (“PK”) respectfully submit the following reply comments in response to the Commission’s Further Notice of Proposed Rulemaking (FNPRM) seeking comment on the possibility of assigning upper 5 GHz spectrum for commercial space launches.

The Commission should be extremely cautious about adopting any new licensed allocation in the 5650-5925 MHz bands that could undermine the effectiveness of Wi-Fi. Since the nascent space launch business has rarely even requested Special Temporary Authorization (STA) for use of the 5 GHz U-NII bands, there is no demonstrable need to justify a rush to assign any permanent rights, particularly when such permanent action could undermine Wi-Fi services that are benefitting virtually all Americans. The Commission should only adopt a new, permanent allocation for commercial space launch use in that band if it is absolutely necessary and conditioned on coexistence with current services. The Commission should study the potential harm to consumers of Wi-Fi, such as those highlighted by the Wi-Fi Alliance and other stakeholders in the record, and ensure that it weighs the benefits of Wi-Fi carefully against any blanket authorization for a new participant in the band.

Over the past two decades Wi-Fi has become the workhorse of the internet and an essential input into every aspect of our economy and modern-day society. The essential role of robust Wi-Fi connectivity has become even more critical during the COVID-19 pandemic, which has forced most Americans to work, learn, run businesses, access healthcare, and conduct most of their day-to-day life at home. Wi-Fi’s role in distributing high-capacity connectivity among a growing number of users and devices in homes, businesses and public spaces is a core public interest benefit that the Commission should not risk absent a compelling need. Wi-Fi has powered countless innovations by enabling remote connectivity to fixed broadband networks. Schools, libraries, hospitals, warehouses, farms, offices, hotels, entertainment venues, and virtually every enterprise depends on Wi-Fi connectivity to ensure that high-speed internet access is not restricted to those plugged into the wall. Community Wi-Fi networks and public hotspots help bridge the digital divide in areas where people cannot afford internet access at home due to high costs.

Despite these widespread public interest benefits, Wi-Fi has relied to date on sharing only a few bands of spectrum—principally the 2.4 GHz band and segments of the 5 GHz band. As a result, Wi-Fi has grown increasingly congested, a trend predicted to continue. The Commission has taken action to address the need for more unlicensed spectrum access in recent Orders to open up the 5.9 GHz and 6 GHz bands for unlicensed use, providing new spectrum capacity that will enable the next generation of gigabit-fast and 5G-capable Wi-Fi 6 and Wi-Fi 7 technologies. But even as the 6 GHz band promises to expand capacity at low power indoors, and also outdoors subject to database control, the current availability of unlicensed spectrum in the 5 GHz band is critical.

There is little to no evidence that the commercial space industry actually needs an assignment of spectrum in the 5 GHz U-NII bands. As the Commission acknowledges, the commercial space industry has shown virtually no interest in the use of this band. The STA process has worked effectively to meet their needs. The Commission should retain this process— it works. Commercial space launches are planned sufficiently far in advance that applying for an STA adds no undue burden. In short, given the potential harm to Wi-Fi users, and the effectiveness of the current STA process, there is no evidence of a compelling need to change the current framework for 5 GHz spectrum at this time.