9/10 FCC Comments on the 37 GHz Band

New America's Open Technology Institute filed comments with the Federal Communications Commission (FCC) reaffirming support for unlicensed and spectrum-sharing frameworks in high-band spectrum (the 37 GHz band) to facilitate the most intensive and cost-effective degree of shared access and promote access to spectrum by a wide range of entities, while also making sure that the spectrum is widely used. A summary of the comments is available below:

Throughout the Spectrum Frontiers proceeding, beginning with comments in response to the 2014 Notice of Inquiry, OTI has strongly supported the framework adopted in the 2016 Report & Order, with shared access to the 37–37.6 GHz band authorized on a license-by-rule basis and available to both Federal and non-Federal users on a coordinated, co-equal basis. We strongly agree with the Commission’s conclusion in the Report & Order, repeated in June’s Memorandum Opinion & Order, that “[a]llowing part of the band to be made available on a nonexclusive, shared basis will promote access to spectrum by a wide variety of entities, support innovative uses of the band, and help ensure that spectrum is widely utilized.”

In response to this Third FNPRM, OTI emphasizes two primary positions: First, OTI generally supports Starry’s proposal for “site-based registration through a third-party coordinator” (one or competing coordinators) that would conduct an interference analysis using the specific information provided by the proposed deployment and already-licensed deployments, as well as real-world GIS data, to coordinate permission to operate.6 OTI believes that this approach, whether adopted under Part 101 or under Part 96, could enable almost immediate use of the band – even if the coordination is only semi-automated initially – while also paving the way for the development of a more efficient and low-cost automated frequency coordination mechanism going forward. Traditional Part 101 coordination is a relic, not a model for efficient spectrum sharing. It will not scale at low cost or in real time to handle the volume and complexity of fixed wireless coordination among the PtP, PtMP and other use localized use cases the Commission envisions for the band. A centralized coordination system delegated to one or more private sector operators would streamline the process, substantially lower the cost to operators, avoid the need to use FCC resources to review or approve applications, integrate federal users, improve transparency, and accommodate a virtually unlimited scale of localized deployments on the band. A streamlined version of Part 101 coordination can readily serve as the foundation (with modifications) for an initial coordination process in the Lower 37 GHz band, but this should evolve within a few years, ideally through consensus among industry stakeholders, into a fully automated and more dynamic frequency coordination system.

Second, OTI recommends that the Commission consider an additional use case for the band, facilitated by separately authorizing indoor-only use of the 37 to 37.6 GHz band on a General Authorized Access (GAA) or unlicensed (Part 15) basis. To facilitate more intensive, diverse and streamlined use of the band, the Commission should authorize a category of indooronly operation on an unlicensed basis, or as GAA (particularly if device registration is necessary), under a framework similar to Part 96. Given the very limited propagation characteristics at 37 GHz, this would create an access option to the public that is truly open, uncomplicated and low cost, facilitating customized IoT, neutral host networks, and a variety of other uses indoors. Whether unlicensed, or licensed-by-rule (with a registration requirement), users would receive no interference protection.