WISPA, UTC Request for CBRS Waiver Proving Contentious at FCC

“Those few parties that oppose the Petition ignore the clear problems ahead for incumbent licensees and raise specious arguments and speculative claims that extending the transition deadline will somehow obstruct or delay the roll-out of CBRS as a practical matter,” WISPA and UTC said in joint comments in docket 18-353. “The reality is that the requested extension of time is reasonable and will not delay CBRS in any way.”

Utilities and WISPs have invested millions of dollars in the 3.65 GHz band, WISPA and UTC said. “The lack of an equipment supply chain and associated resource issues make it impractical, if not impossible, for existing licensees to bring their operations into compliance with the Part 96 rules prior to the deadline,” they said. Delays in developing the spectrum access systems and environmental sensing capability needed in the CBRS band “have delayed the certification of Part 96 equipment that can be upgraded or replace existing Part 90 equipment,” they said.

Motorola Solutions, the only other party to file reply comments, said that regardless of what decision the FCC makes it should consider updating the Part 90 Subpart Z registration database to reflect the use of operational frequencies by grandfathered wireless broadband service providers. “A very robust ecosystem is developing for the CBRS band, with multiple equipment vendors, systems integrators, and industry standards development organizations supporting the band,” the equipment maker said. More than a half dozen Part 96 devices have already obtained FCC certification and “many more types of CBRS equipment” are expected to be certified over the next six months, Motorola said.

CTIA earlier opposed the waiver, saying it would “severely hamper the widespread introduction” of general authorized access in the band. UTC and WISPA wrongly pursue a blanket waiver for the rules, CTIA said: “To the extent that individual incumbent 3650-3700 MHz licensees face hardships, they can seek a waiver on a case-by-case basis as the 3.5 GHz Order dictates.” NCTA said the FCC should reject the waiver as “premature, insufficiently supported to justify a blanket waiver, and contrary to the public interest at this time.” NCTA agreed licensees should have to seek individual waivers: “It remains to be seen whether the equipment availability and other challenges described in the Petition will be resolved before the spring of 2020.”

The American Petroleum Institute filed in support (see 1812170023), as did various WISPs. “The customers currently on our 3.65 GHz services, would not have service through us, or anyone else for that matter, if we had not been able to use 3.65 GHz,” said West Michigan Wireless. “If we are not able to use this band cost effectively, we will lose these customers and they will lose Internet access entirely.”

"It's important for the FCC to grant this waiver if it desires WISP use of CBRS,” WISPA President Claude Aiken told us Wednesday. “With delays in equipment and SAS/ESC certification, there is likely insufficient time and insufficient equipment in the supply chain to meet the April 2020 deadline.” WISPA members who choose to participate in priority access license auctions “need those PALs to be available for purchase before thousands of grandfathered protection zones lose that protection,” he said. “As PALs go on line, there will need to be more [general access] spectrum available, but not if it is going to interfere with those licensees operating in the 3650-3700 MHz band that have a reliance interest in the zones they have built out."