With Battle Lines Drawn, Cable Suggests Compromise on Part of 3.5 GHz Rules
The Dynamic Spectrum Alliance (DSA) told the FCC that by its tabulation “the vast majority” of comments oppose proposed changes by CTIA and T-Mobile for the 3.5 GHz shared band. Some 84 percent of comments in the initial comment round were against CTIA and 89 percent against T-Mobile, DSA said. T-Mobile and CTIA defended their proposals. One suggestion for priority access licenses (PALs) in the 3.5 GHz shared band that could have legs is NCTA's and Charter Communications’ push for a middle-ground on license sizes, industry officials said. Replies were posted Wednesday in docket 12-354. Termed by the FCC Citizens Broadband Radio Service, CBRS operations are expected to start even amid the controversy (see 1708080019).
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Industry lawyers said that the centrist approach is mentioned in a number of replies is a sign it's at least being taken seriously. NCTA and Charter earlier proposed licensing PALs by county, rather than partial economic areas (PEAs), as sought by CTIA and T-Mobile, or the census tracts in the current rules. The size of the PALs has been one of Commissioner Mike O’Rielly’s top focuses as he looks at revised rules for the band (see 1708010058). There are 416 PEAs, 3,150 counties and 74,000 census tracts.
“Many commenters expressed openness to a middle-ground approach,” NCTA said. “We recommend that the Commission seek comment on such proposals and we look forward to working with the Commission and all stakeholders to arrive at a reasonable compromise.” New America’s Open Technology Institute (OTI) and Public Knowledge said the FCC should reject the cable compromise. “Auctioning PALs as large as counties create [sic] the same barriers to entry, innovation and investment as licenses the size of PEAs, only somewhat less so,” OTI and PK said. “PALs the size of counties would exclude virtually all other small wireless operators and use cases from acquiring interference protection as a cornerstone of a 3.5 GHz deployment.”
DSA is “encouraged by the quantity and quality of comments to the FCC opposing the petitions,” it replied. “If the Commission is guided by Commissioner O’Rielly’s statement that ‘the ultimate direction of this proceeding will be based on the record,’ the outcome can only be for the Commission to reject any significant changes to the CRBS framework.”
OTI and PK said no one is fooled by the CTIA and T-Mobile petitions. “Stakeholders across the wireless and Internet ecosystem recognize the Petitions for what they are: A proposed spectrum industrial policy fashioned to benefit a single business model at the expense of competitors, the economy and the public interest.” No commenter supported T-Mobile’s proposal to auction the general authorized access portion of the band, the groups said.
CTIA and T-Mobile responded. “As evidence mounts that spectrum in the 3 GHz range is fast becoming an important band for 5G across the globe, CTIA’s proposed rule changes will further advance 5G opportunities in the 3.5 GHz ‘innovation band,’” CTIA said. CTIA opposed the cable compromise: “As with census tract-based licensing, county-based licensing would result in an unnecessarily complicated auction process, as well as increased administrative costs for the Commission and licensees.”
“The Commission should revisit the rules now, before operations are introduced in the 3.5 GHz band,” T-Mobile commented. “Amending and creating rules to apply to operations that have already begun will be more difficult.”