O'Rielly Urges Aggressive FCC on 5G Deployment, Net Neutrality, 911 Fees

“It is a race,” and the FCC may act this summer to tackle state and local obstacles to 5G deployment, O’Rielly told WIA. Some communities are cooperative, but others are trying to extract as much money as they can from industry, or have slow or nonexistent processes for applications, he said. “We’ve tried the nice approach,” but there’s “only so much goodwill you can expend on that side of the equation,” the commissioner said. “We’re going to have to take the aggressive route.” That may seem to go against federalism, he said, “but I’ve got a larger goal.” Commissioner Brendan Carr is leading FCC 5G efforts, O’Rielly said.

The agency has pre-emption authority “and I’m fully comfortable using it,” O’Rielly said in an interview. “It’s about getting services to American people, and if localities are standing in the way, I’ve only got so much sympathy.” Localities have no authority to regulate aesthetics or impose moratoria on builds, but are still doing both, he said. The Broadband Deployment Advisory Committee is doing “amazing work,” but ultimately, BDAC reports are recommendations O’Rielly plans to treat like comments. “They are only so valuable,” he said. “Now we have the top job of converting them into action and policy.” The panel is expected to wrap its final report in July (see 1805010058).

O’Rielly is focused on releasing mid-band spectrum, he told WIA. On CBRS spectrum, “we’re pretty much down to one issue,” which is “geographic licensing size,” he said. The FCC also is looking at the C-band, T-band and NTIA-flagged 3.45-3.55 GHz spectrum, he said: It adds up to a “pretty good wireless play in mid-band.” With FirstNet coming, it may no longer make sense for public safety to have 4.9 GHz spectrum, O’Rielly said. Public safety is using 3 percent, he said.

"We are still in a 4G world, but on a very, very fast path toward 5G," with spectrum and standards developing, said Mobilitie Senior Vice President-Network Strategy Jason Caliento on a smart cities panel. Verizon and others have early 5G deployments this year, but it’s unlikely to be a mature market until 2020 or later, he said. Today’s task is “shoring up” facilities to support 5G, said Aero Wireless Group Vice President-Smart Communities Sam Rodriguez.

Some cities get overwhelmed by small-cells applications because they aren't staffed for the flood, said Crown Castle Vice President-Network Real Estate Kirk Wampler. Industry must educate cities about small cells and the purpose and nature of ecosystem, Caliento said. One can explain all the economic benefits, but it usually comes down to height, location and appearance, the Mobilitie executive said. Industry wants to pay a “fair and reasonable rate” tied to cost, and cities should be “not for profit,” Caliento said. Often lost in discussing cost is the expense of putting in the ground the infrastructure that connects small cells, Wampler said.

O'Rielly Interview

The FCC also should respond aggressively to state net neutrality laws, O’Rielly told us. Oregon and Washington state made laws, while other states are weighing bills. “We have [pre-emptive] authority and we’ll exercise it in the coming months,” he said. He wouldn’t say if the FCC itself would take legal action or instead rely on industry lawsuits: “We’ll have to see how that plays out.”

O’Rielly is looking at “creative options” to increase pressure on states that divert 911 fees for unrelated purposes, he said. That includes “using the appropriate leverage,” plus visits and some joint events with Commissioner Jessica Rosenworcel, he said. In some states, including Illinois and Oklahoma, misreporting was easy to solve, he said. The commissioner cited progress in fee-diverting jurisdictions Puerto Rico, Rhode Island and New Jersey. Talks are starting in West Virginia and New Mexico, he said.

“We’ve had some roadblocks,” including in New York, which defends its 911 fee practices, said O'Rielly. Other states that didn’t report to the FCC haven’t replied to his letters, he said. Pressure must continue even on states like Rhode Island where things are moving but not resolved, he said. “It’s not something you start and leave alone.”

O’Rielly blogged on Sinclair last week (see 1805180072) after reading “false accusations” that steps he and Chairman Ajit Pai had taken were dedicated to helping the right-leaning broadcaster, he said. “It actually is sound policy and has nothing to do with Sinclair,” O’Rielly said: “They may be the beneficiary in some instances,” but the actions were about “removing barriers and burdens on broadcasters that shouldn’t be there anymore based on the market realities and what’s happening.”

WIA Notebook

North Carolina public safety needs state grant funding to ease switching to FirstNet, said Greg Hauser, a Charlotte Fire Department manager and the state's FirstNet statewide interoperability coordinator (SWIC). North Carolina public safety tends to be “stagnant” with technology, but public safety officials will buy into FirstNet when they see how it will make their jobs easier, he said on a Tuesday panel. North Carolina FirstNet single point of contact Red Grasso said he doesn’t know FirstNet adoption numbers, but education is key to getting agencies to join the network. Demos are happening in some parts of the state, Hauser said. The system offers many benefits, but some public safety officials say coverage with their existing provider is better than what AT&T offers, the SWIC said. If AT&T doesn’t seem like a good fit for an agency, don’t switch now, but look at it again later, advised Grasso. FirstNet is critical to provide interoperability, expand coverage and maintain first-responder communications when commercial traffic spikes, as happened at the 2013 Boston Marathon bombing, said former Boston Police Commissioner Ed Davis in an earlier keynote.