9/11 FCC Public Interest Spectrum Coalition Filing On Using Mid-Band Spectrum To Improve Broadband Access

New America's Open Technology Institute filed comments with the American Library Association, the Benton Foundation, Consumer Federation of America, Consumers Union, the Institute for Local Self-Reliance, National Hispanic Media Coalition, Next Century Cities, Public Knowledge, the Schools Health & Libraries Broadband (SHLB) Coalition, and X-Lab (together known as the Public Interest Spectrum Coalition, or PISC) to the Federal Communications Commission (FCC) to promote spectrum-sharing and unlicensed frameworks for mid-band spectrum to promote a diverse and robust wireless market and improve broadband connectivity. The PISC comments focused on the importance of retaining the FCC's Citizens Broadband Radio Service rules, and the rules governing the Priority Access Licenses, the same as those passed by the FCC through a 5-0 in 2015. The comments also call on the FCC to put in place a spectrum sharing framework for the 3.7-4.2 GHz band to enable fixed wireless providers to bring high-speed broadband to rural areas. The spectrum in this band can help bring high-capacity fixed wireless to areas currently lacking high-speed broadband, while also protecting the incumbent fixed satellite services that are currently in the underutilized band. All of this is possible while also allowing mobile carriers to use this spectrum in heavily populated, urban areas to help build their upcoming mobile 5G networks. PISC also urges the FCC to free up spectrum in the 6 GHz band for unlicensed use to increase capacity for Wi-Fi and other unlicensed technologies, as demand grows for both. A summary of the comments are available below:

The Federal Communications Commission ("Commission") seeks comment, as required by the Spectrum Pipeline Act of 2015, on the impact of the Citizens Broadband Radio Service (CBRS) rules, as well as on proposals to promote and identify additional spectrum bands that can be shared between incumbent uses and new licensed and unlicensed services. There are several major opportunities for the Commission to extend spectrum sharing and thereby empower a wide variety of use cases that improve connectivity in the 3.5 GHz, 3.7-4.2 GHz and 6 GHz bands.

First and foremost, the Commission should retain and redouble its efforts to implement the unduly delayed Citizens Broadband Radio Service (CBRS) rules governing shared use of the 3.5 GHz band that the Commission initially adopted by a bipartisan 5-0 vote in 2015. The CBRS three-tier sharing framework, including the specific rules for Priority Access Licenses, represent a landmark in forward-thinking spectrum policy not only for the 3.5 GHz band, but as a model for unlocking substantial, low-cost capacity for wireless broadband and innovation in additional occupied but underutilized bands. CBRS can be a critical part of the foundation for the nation‘s 5G future and empower small and rural internet service providers, schools, hospitals, factories, office buildings, IoT and other niche connectivity providers to customize and operate their own private LTE networks that would be supplemented by Wi-Fi offload.

What Congress needs to be told is that the Commission, the U.S. Navy and NTIA are falling short of the expectations that were widely held at the time the Spectrum Pipeline Act became law on November 2, 2015 – six months after the adoption of the CBRS First Report & Order on a bipartisan 5-0 vote. At that time Congress had every reason to believe that the FCC, the U.S. Navy and NTIA would live up to high expectations for a rapid launch of CBRS as a unique innovation band vital to unlocking spectrum capacity and fueling American leadership globally. Unfortunately, however, despite rapid progress, innovation and investment around this path-breaking approach by an unprecedented collaboration of dozens of companies from a diverse range of industry segments, the sad fact is that in the waning months of 2018 there is far less to report back to Congress about the "results" of the landmark CBRS framework than there reasonably should be. The implementation of CBRS – including the assignment of Priority Access Licenses (PALs) and the approval of the coordination mechanisms for the band – have been unduly delayed. Inexplicably, progress at the Commission, at NTIA, and particularly with the U.S. Navy has slowed, creating delays that threaten to undermine the enormous public interest benefits of CBRS.

The policy purpose of CBRS and its benefits to the broader economy may also soon be cast aside. CBRS rules and licensing framework is specifically tailored, for the first time, to provide a wide variety of industries and use cases affordable and localized access to interference-protected spectrum. When adopted, CBRS was intended to benefit users ranging from rural and small wireless internet service providers, to utilities, ports and community anchor institutions, to hotels, office complexes and other venues, to utilities, factories, and critical infrastructure companies such as General Electric. The small-cell and three-tier CBRS sharing framework very purposely fashioned Priority Access Licenses (PALs) as localized and affordable (census tracts), with competitive renewal after three years, the exception being an option for a six-year initial term. The Commission wisely adopted this alternative licensing structure to increase rural broadband deployment, to encourage intensive use of the band in both urban and less-populated areas, to create increased opportunities for competition and new market entrants, and to promote new and innovative use cases. The Commission‘s tentative proposal to make PALs permanent and as large as traditional cellular licenses would preclude most of the rural and innovative use cases the CBRS rules were specifically designed to catalyze. The Commission should retain licenses based on census tracts, relatively short terms and competitive renewal.

Secondly, the Commission has a ripe opportunity to authorized unlicensed sharing across the entire 6 GHz band to enable gigabit-fast Wi-Fi. The 6 GHz band, adjacent to current Wi-Fi operations, is uniquely positioned to help build capacity for Wi-Fi networks as unlicensed, and Wi-Fi in particular, increases in importance as the connectivity of choice for mobile devices and local area networks. As more data travels over unlicensed networks, it is imperative that the Commission free up this band of spectrum as a matter of preparing for the 5G future.

Finally, PISC appreciates the Commission‘s progress on unlocking unused spectrum in the 3.7-4.2 GHz. The FCC moved rapidly to approve a Notice of Proposed Rulemaking that requests comment on two leading proposals, including one from the Broadband Access Coalition (of which several PISC groups are original members) calling on the Commission to free up the 3700-4200 MHz band to authorize a new, licensed, point-to-multipoint (P2MP) fixed wireless service. The 3.7-4.2 GHz band presents a prime opportunity for the Commission to authorize robust band-sharing rules that achieve a win-win-win trifecta of critical public policy goals: first, to enable fixed wireless providers to bring high-speed broadband access to rural areas; second, to reallocate a substantial portion of the band available for mobile carriers to build mobile 5G networks; and third, to protect incumbent Fixed Satellite Services (FSS) licensees from undue disruption or harmful interference. Unlocking every megahertz of the grossly underutilized C-band will serve another key element of strong 5G networks that bring both high-capacity fixed and mobile service to rural, small town and big urban areas alike. Most critically, empowering fixed wireless providers will bring high-speed broadband to rural areas rapidly in a cost-effective manner.