Trade Law Daily is a Warren News publication.
'Heard Every Argument'

'Paper Filings,' 40-42 GHz, GADSS Harmonization on US WRC-19 To-Do List

The U.S. likely will be headed to the 2019 World Radiocommunication Conference with an agenda that ranges from a possible fight over high-band spectrum to efforts again to reduce the problem of registration of nonexistent satellite systems, an FCBA event heard Wednesday.

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.

This year's WRC will be "a lot about broadband," with items of particular interest to the U.S. ranging from millimeter wave spectrum for terrestrial 5G and spectrum for high-altitude platform stations (HAPS) to new earth station in motion services, said Grace Koh, head of the U.S. delegation. The 40-42 GHz band could be the center of a collision between satellite -- about to begin use of the band for fixed satellite services -- and terrestrial interests wanting it for a globally harmonized 5G band, said EchoStar Senior Vice President-Regulatory Affairs Jennifer Manner.

Every WRC tries to amend procedures so as tamp down on "paper filings" of satellite systems that don't exist, and that remains a priority, but language coming from committees always "create[s] legal loopholes," said NTIA International Spectrum Policy Division Chief Charles Glass. He said some outstanding issues need to be hammered out on the U.S. position on agenda item 1.13, regarding millimeter wave spectrum for international mobile telecom operations. Experts say 1.13 will be a major focus of this fall's meeting in Egypt (see 1905080040).

A Global Aeronautical Distress and Safety System (GADSS) item is a carryover from WRC-15 and the U.S. is interested in enabling other systems beyond what was approved four years ago, Glass said. FCC WRC Conference Director Dante Ibarra said global harmonization of spectrum is always a major goal but also a huge challenge: In the case of GADSS, it has to be globally harmonized and see a common international approach -- anything else "is a failure."

Also of interest on the agenda is the HAPS item, 1.14, which was pushed on the 2019 agenda by Google and Facebook in 2015, though now the technology has evolved to where other potential operators are also interested, said mobile broadband and telecom lawyer Patricia Paoletta of Harris Wiltshire. Also significant is item 1.16, regarding possible wireless access to 5150-5925 MHz, most of which is globally allocated for radar, she said. While the private sector and U.S. government were interested only in studying 5350-5470 MHz, Russia loaded up the agenda item to scuttle it, a tactic that seems to be working, she said. The U.S. previously had modified its own rules regarding use of 5150-5250 MHz, and now it's trying to get global harmonization for that swath, which is an important band for the Wi-Fi industry, though there's significant pushback, she said. "We'll see how that plays out."

The U.S. is trying to focus at WRC-19 on proposals that meet the guidelines for WRC agenda items and that have a true worldwide nature, Glass said. He said there's been "a rash" at recent WRCs of items that were the result of a particular region or national administration trying to solve a problem specific to it through the WRC or of administrations trying to use the conference to force terms on neighbors that they couldn't get through bilateral negotiations. He said the U.S. hopes to see future agendas be more limited, as they have "grown to be quite large."

Koh said the U.S. has started forming its delegation, and once members are accredited in June, delegation meetings will start. She said positions should be finalized by July 15, and then the delegation heads to Ottawa in August for the Inter-American Telecommunication Commission (CITEL) meeting and efforts to finalize Americas region positions. Glass said one U.S. proposal already before CITEL won't get CITEL backing, but there could be room for negotiation.

State Department electronic engineer Franz Zichy said the proposed U.S. delegation list is more than 150. Close to 100 are from the U.S. government; usually the delegation is more balanced between the government and private sector.

Glass said one strength the U.S. has at WRC is that every conceivable stance has an advocate somewhere, so it's "heard every argument." The drawback is the U.S. often has nowhere to negotiate from the proposal it backs, he said.