Order on 37 GHz Band Still Under Discussion, Could Face Commissioner Concerns
The FCC is considering a revised position offered by NTIA on future use of the 37 GHz band. NTIA offered new language after carriers complained that under the proposed rules, coordination zones with the department change even after the band is auctioned, industry and government officials said this week.
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The order, set for a vote by commissioners Friday, was in flux Wednesday, officials said. It's unclear whether the latest proposal from NTIA will be enough to satisfy FCC members, particularly Commissioners Mike O’Rielly and Jessica Rosenworcel. They are said share industry concerns.
“This spectrum is central to U.S. wireless providers’ 5G plans so we hope that the FCC will take into account the legitimate concerns we’ve highlighted in the record,” Scott Bergmann, CTIA senior vice president-regulatory, told us Wednesday. “We need a workable framework for this band, and the good news is that wireless providers have proposed clarifications that can ensure this band reaches its full potential.”
“This still seems a little up in the air” and NTIA and the FCC “are still talking from what I hear,” said a lawyer who represents wireless carriers. DOD is apparently not directly involved, though its interests are represented by NTIA.
The draft order protects 14 DOD sites already identified. It also asks about protections for sites not yet identified. The FCC and NTIA didn’t comment. The level of concern expressed by CTIA and its three biggest members -- Verizon, AT&T and T-Mobile (see 1904080052) -- got the commission’s attention, FCC officials said.
“We establish a process that accommodates the military’s needs, while protecting the interests of non-Federal licensees in the Upper 37 GHz spectrum band,” says the draft. DOD “may submit requests for access to the Upper 37 GHz band for specific additional military sites, such as military bases and ranges. Such requests would be made only when the proposed operations could not be accommodated in the Lower 37 GHz band.” FCC staff “would review the request to assess any potential impact on non-Federal licensees, contacting the potentially affected licensees and facilitating direct coordination with the Department.”
Licensees face other restrictions as well. Current rules protect space research service receive locations Goldstone, California; White Sands, New Mexico; and Socorro, New Mexico. The draft order mentions those protected sites in the background section but not the discussion. They're protected under a July 2016 letter.