Trade Law Daily is a service of Warren Communications News.
Falling Behind

FCC Encouraged to Move Quickly on Spectrum Horizons

CTIA, the Millimeter-Wave Coalition (mmWC) and other commenters sought some changes in the FCC’s proposed approach to spectrum above 95 GHz, in replies in a spectrum horizons proceeding. Commissioners launched a rulemaking in February asking about the future of this spectrum (see 1802220048). In initial comments, the wireless industry indicated broad, early interest (see 1805030037).

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.

"I am looking forward to a speedy conclusion," said Daniel Mittleman, professor of engineering at Brown University. He told us he was just at an international conference where he "heard a presentation from a European research group describing their demonstration of a frequency-multiplexed terahertz transmission channel, operating in the vicinity of 300 GHz, with which they could send over 250 Gbps of data. This reminds me of how rapidly the U.S. is falling behind in this technology space. I'd love to see the FCC take actions that would help to move things in a more favorable direction."

Comments speak to the need for flexible rules, CTIA said. “The record supports adoption of licensing rules for the spectrum above 95 GHz that will allow for a variety of new services and applications, including mobile services,” it replied in docket 18-21. “The record also supports relaxed technical operational limits, which will allow for the use of state-of-the-art antennas and transmission equipment. To ensure that innovative uses of this spectrum can develop, the Commission should reject calls to limit uses of the band or to set aside significant portions of the spectrum for specific services.”

The mmWC said the FCC should rethink some of the proposals. “Several commenting parties support rules that allow point-to-multipoint operations in addition to the point-to-point operations proposed in the Notice” and the FCC should heed those calls, the coalition said. The spectrum may be first used by fixed services, but the rules shouldn’t “preclude later use … for mobile operations under appropriate service rules,” the coalition said. The FCC should prioritize uses for which there's a “demonstrated need for additional spectrum, such as spectrum for wireless backhaul,” the group said. “The record also reflects strong support for less restrictive technical rules, including higher transmitted power limits and no minimum (or a lower minimum) antenna gain.”

Nokia cited “overwhelming support” for action on this “valuable, largely untapped spectrum.” The FCC should permit fixed point-to-point and fixed point-to-multipoint links to use the spectrum, the company said. It should also allow eventual mobile use, the equipment maker said. “This proceeding should not serve as a gating item for such mobile uses should technology continue to evolve to make mobile attractive in the band,” Nokia said. “The 70/80 GHz band has great promise for mobile, and so will bands above 95 GHz.”

It's clear "there is sufficient interest and technological development for the Commission to move forward with establishing regular service rules in bands above 95 GHz,” the Telecommunications Industry Association said. “Rules should largely be based upon those for the 70/80/90 GHz bands, should allow for point-to-multipoint use and for some mobile operations, should allow some fixed point-to-point use in bands above 275 GHz.”

New York City said the FCC should set aside more spectrum for unlicensed use. That "could help increase the access and connectivity" of residents, businesses, and visitors, "particularly in high-demand or densely populated areas where wireless solutions provide alternatives to wired deployments,” the city said.

Fixed service (FS) might be the first commercial user of spectrum above 95 GHz, and the 36 GHz of spectrum covered in the NPRM not shared with satellite services should be enough for FS operations now, Inmarsat said. It said given all the spectrum available between 95 and 275 GHz and the nascent nature of the high-band technology, the FCC shouldn't adopt licensing rules patterned after lower frequency bands without a better picture of the services and uses that will operate there. Siting restrictions on satellite earth stations in the 28 GHz and 37/39 GHz bands in spectrum frontiers aren't appropriate for bands above 95 GHz, it said.

EchoStar also said it has concerns about expanding spectrum frontiers earth siting rules to spectrum horizons. However, Boeing said at least some of that 36 GHz allocated for FS might need to be made available for unlicensed or a mix of licensed and unlicensed. The company said the FCC should refrain from authorizing mobile services in bands above 95 GHz for now, and any introduction of FS into bands shared with satellites services should use the same coordination approach used in the 70 and 80 GHz bands.

The FCC should allocate more spectrum than it currently proposes for unlicensed use, Charter Communications said. It said the 15.2 GHz of unlicensed in the 95-275 GHz range that the agency proposes to use runs contrary to the regulator's goal for the proceeding of innovation in the largely undeveloped upper bands. It said the FCC should include at least the 116-122 GHz band for unlicensed use, creating a larger contiguous block of unlicensed spectrum at 120 GHz. The MVPD backed including FS in the above-95 GHz bands allocated for satellite services, but sharing the bands might require rules specifically to govern interference concerns.