Draft 5G Order Would Undo Aggregation Limits in 3 High-Frequency Bands

The draft order proposes to eliminate the pre-auction limit of 1250 MHz on the amount of millimeter-wave spectrum in the 28 GHz, 37 GHz and 39 GHz bands any party can buy at auction. Limits tend to be controversial, with Democrats in support and Republicans in opposition. The FCC doesn’t have similar limits in the 24 and 47 GHz bands. Pai and Commissioner Mike O’Rielly questioned the need for any kind of aggregation limits when members approved the initial high-band spectrum order in 2016 under Democratic Chairman Tom Wheeler (see 1607140052).

“While technological development in the mmW bands remains in a nascent stage, our balancing of objectives shifts towards facilitating rapid 5G deployment in the United States,” the draft order says. “We weigh more heavily the risk that bright-line, pre-auction limits may restrict unnecessarily the ability of entities to participate and acquire spectrum in a mmW band auction.”

The order also would clear the way for upper microwave flexible use service (UMFUS) licensees to pick a geographic area performance metric, which may be more suitable for the IoT. It would impose an operability requirement in the 24 GHz band requiring that mobile equipment that can use any frequency in the band must be capable of operating on all frequencies. The order would provide for sharing in the 24.75-25.25 GHz band by UMFUS and fixed satellite service earth stations and establish six 100 MHz channels as the band plan for 37-37.6 GHz.

A draft NPRM, consistent with the Mobile Now Act, would seek further comment on how the 42 GHz band can be used for broadband service, including possibly unlicensed or shared use. The draft NPRM seeks comment on allocating the 26 GHz band for flexible fixed and mobile use and on coordination mechanisms allowing sharing in the lower 37 GHz band. It also would seek rules allowing licensing of individual FSS earth stations in the 50 GHz band using the same criteria used in the 24.75-25.25 GHz band. The draft memorandum would decline to reconsider adopting geographic area licensing in the lower 37 GHz band and to reconsider allocating the 42 GHz band for satellite use.

“Our efforts in this proceeding to make mmW spectrum available for wireless uses are vital to ensuring continued American leadership in wireless broadband,” the FCC said.

“The prior FCC’s action to establish aggregation limits for high-band spectrum was pure politics given that no one, then or now, has a firm plan as to how and when to employ these frequencies,” said a former FCC spectrum official. “History has shown time and again that the better approach is to see what develops.” Other industry observers are reviewing the item.

“CCA is glad to see the FCC is moving forward to unleash additional mmW spectrum,” said Steve Berry, president of the Competitive Carriers Association. “CCA supports all efforts to ensure as much spectrum as possible is made available for mobile commercial use. Competitive carriers require meaningful access to low-, mid- and high-band spectrum resources, and the FCC’s June open meeting presents another opportunity.”

Michael Calabrese, director of the Wireless Future Project at New America, said the item offers a win for Wi-Fi advocates. The draft “maintains an opportunity for a wide variety of small operators and local users to gain shared access to 600 MHz at the lower end of the 37 GHz band where federal users will continue to operate," he said. "Rejecting the effort by mobile carriers to preclude any shared, non-exclusive access to the millimeter-wave bands on a license-by-rule basis will be a big victory.”

Getting rid of the limits would be positive for Verizon, said Roger Entner, analyst at Recon Analytics. “The pre-auction limit would serve to prevent Verizon from participating and thereby, in all likelihood, significantly lower auction results,” he said. “This would deprive the Treasury of auction funds by making the spectrum cheaper for everyone else.”

Meanwhile, Pai said in a Monday column in the Tampa Bay Times the FCC is doing what it can to pave the way for 5G. “We need to remove regulatory barriers that can slow network buildout,” he wrote, citing recent small-cell deregulatory rules. "That’s why Florida made it easier last year to place small wireless facilities in rights-of-way.” Pai said the FCC will make more spectrum available for 5G and ensure the networks are secure.

Commissioners also will consider a draft declaratory ruling on the integrity of texting to toll-free numbers and an FNPRM looking at ways to curb traffic pumping. “We seek to ensure that businesses and non-profit organizations, as well as individuals using their services, benefit from toll free texting,” the draft says. “We must protect against potential abuses, such as number spoofing, that can occur from erroneous or fraudulent text-enabling of toll free numbers. We also seek to protect the integrity of our toll free number system.”

“Toll-Free numbers are valuable assets to millions of businesses, and consumers view Toll-Free as a trusted communication link,” emailed Ann Berkowitz, chief administrative officer at Somos, the toll-free numbering administrator. “The one-two punch of stopping unauthorized text-enablement on Toll-Free numbers and taking the incentives out of Toll-Free traffic pumping will make the Toll-Free industry stronger.”

Other June 7 tentative agenda draft items released Thursday were on approving two new satellite constellations: 1805170062; and on the wireline phone IP transition and on USF: 1805170060.