FCC's Pai Proposes Regulatory Framework To Spur Move to 5G
The FCC has an important role to play in the transition from 4G to 5G, said Commissioner Ajit Pai, who suggested the commission implement a regulatory framework to ensure the successful launch of 5G in the U.S. Speaking during a 4G Americas conference Thursday on the future of mobile broadband, Pai outlined three pieces of his proposed framework: freeing up additional spectrum, removing barriers to infrastructure roll out, and spurring innovation and investment in network and mobile technologies.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Pai proposed the commission increase the availability of spectrum to the private sector. "To enable our 5G future, we must free up more of this invisible resource for consumer use," he said. Pai said the FCC has "fallen behind" on its goals of repurposing spectrum for mobile broadband and has failed to stick to the 2010 National Broadband Plan that called on the commission to make available 300 MHz of spectrum by 2015. "[It's] almost 2016, and the commission has moved less than half of that amount into the commercial marketplace," said Pai. "I point this out not to assign blame, but to focus attention on the fact that we need to redouble our efforts and refill the spectrum pipeline."
The FCC should be "moving on" spectrum bands above 24 GHz, which could "play a key role in a 5G network," said Pai. He said the FCC's recent proposal to free up portions of the millimeter wave bands for mobile use was a mixed bag, and he fears it "missed an opportunity to show greater leadership in the 5G space." The commission left "far too many" spectrum bands on the cutting room floor, Pai said of the proposal, saying he identified 12,500 MHz of spectrum in the 24, 32, 42, 70 and 80 GHz bands that should be opened for commercial use. "Many innovators that are leading the charge on 5G research and development, from companies to individual entrepreneurs, asked the FCC to move now on these additional bands," he said. "But the commission chose not to do so. I thought that sitting on this spectrum was the wrong call, so I disagreed with that part of the decision." The commission should "think big" and allow innovators and engineers to tell it what will and won't work, he added. Pai said the commission should take steps to free up additional mid-band and low-band spectrum, particularly in the 5 GHz band.
The commissioner also urged the FCC to auction off the roughly 200 AWS-3 licenses returned by Dish-controlled designated entities after they were determined to be ineligible for small-business discounts (see 1510020055), immediately after the conclusion of the upcoming incentive auction. "The licenses cover a number of major markets where spectrum could be put to consumer use, including New York, Chicago, and Boston," said Pai. "We should not let this spectrum gather dust," he said. "In fact, I think the FCC should reauction those licenses in 2016, immediately after the conclusion of the incentive auction. This spectrum should be put to use as quickly as possible." T-Mobile has been seen as a potential bidder for the surrendered Dish licenses (see 1511020064).
"To support 5G, providers will have to densify their networks," Pai said. "And to help them do that, we need to expedite the siting of wireless infrastructure." Pai praised the work done by the commission to update its environmental and historic preservation rules to increase ease in deploying small cells and collocating antennas on existing structures, but said more needs to be done. While most of the FCC's infrastructure proceedings have been primarily wireless-focused, he suggested it begin to look more at wireline infrastructure and make it easier for the private sector to deploy fiber. One tool to do so is Section 253 of the Communications Act, he said, which bars state and local regulation from prohibiting a company from providing service. "We should take a fresh look at what the agency can do under Section 253 to help streamline the process of adding fiber to our networks," said Pai. "Even in the 5G world, wireless will need wires."
Pai said it's crucial that engineers be able to rely on "permissionless innovation," which he said played a "key role" in the country's 4G leadership. Regulators will need to recognize that innovation isn't "limited to the so-called 'edge' of networks," he said, saying he's worried about emerging threats to permissionless innovation in the mobile space, which include the FCC's decision to apply Title II to the Internet and mobile broadband. "When it comes to spurring the innovation and investment in 5G networks, I think it's important that the FCC return to the light-touch approach we pursued for years," he said.
Neville Ray, T-Mobile chief technology officer, touted the continued growth being made in 4G LTE technology, speaking at Thursday's event. "LTE is not old news," he said, adding that there's "a ton" of work and activity being done to advance it, and the advanced evolution of the technology will continue through 2020. "LTE is very much alive" across all of the items being discussed for 5G development and deployment, Ray said. He cited the need for an enhanced focus on unlicensed spectrum, saying it's imperative it is an open and level playing field.