FERC Latest Agency to Raise Spectrum Concerns at FCC
The FCC faces pushback from yet another federal agency on spectrum. The Federal Energy Regulatory Commission is concerned about an FCC proposal for sharing the 6 GHz band with Wi-Fi and other unlicensed. Industry officials said the commission is unlikely to change course. Wi-Fi advocates see the 6 GHz band as critical to meeting growing demand for unlicensed spectrum (see 1906250015), and the FCC is expected to take up a 6 GHz item early in the new year. The latest is that the Office of Engineering and Technology is reviewing the item and a vote is unlikely before the March meeting.
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 summer, electric utilities asked FERC to weigh in during a reliability technical conference at that agency (see 1907010052). Earlier this year, electric utilities were among commenters in docket 18-295 that objected to opening the 6 GHz band (see 1903180047). The FERC letter, dated Wednesday, cites the June technical conference and the utility comments. A spokesperson said the FCC is reviewing the letter. State telecom commissioners also have concerns, and passed a resolution at their summer meeting.
“Consider the implications for electric reliability and closely review the rulemaking comments that discuss the impacts of the proposal on electric reliability,” FERC asked. “Many electric utilities use the 6 GHz spectrum band to support their real-time operations, including supervisory control and data acquisition that is used to monitor and control generating units, transmission lines, and substation equipment as well as system protection.”
The FCC proposes automated frequency coordination to protect incumbents, FERC said: “Consider requests from electric utilities and state regulators for additional testing of the AFC system prior to implementation.” FERC offered to provide technical assistance. Its three commissioners signed the letter. The agency didn't comment,
NARUC agreed with FERC. “This spectrum is currently used by utilities in control systems crucial to safe and reliable services,” a NARUC spokesperson said: “There is no room for error and more testing is needed. The FCC should not allow unlicensed operations in the 6 GHz band unless and until it has tested and proven that its AFC system works as intended to protect license holders, including utility and other [critical infrastructure] systems, and it is demonstrated that unlicensed operations will not cause harmful interference to license holders.”
FERC's request is "important," wrote Sharla Artz, Utilities Technology Council senior vice president-government and external affairs. "The 6 GHz spectrum band is a critical tool for electric utilities to maintain the safe and reliable operation.”
“Federal spectrum policy is out of control and we’re seeing it everywhere,” said Public Knowledge Senior Vice President Harold Feld. Every industry seems to be enlisting its regulators to weigh in at the FCC, he said. “We’ve seen more action on federal agencies on nonfederal spectrum in the last couple of weeks than I have seen at any time in my recollection and that’s not a good thing.” Others have said similar, including Ligado executives (see 1912170037).
Most big recent FCC moves on spectrum faced objections from within the government. That included NOAA/NASA objections to FCC auction of the 24 GHz for 5G (see 1907160067) and FCC plans to reallocate the 5.9 GHz band (see 1912120058), which raised Transportation Department objections.
Feld said President Donald Trump has a management style that encourages disagreements within his administration. Continuing changes atop NTIA (see 1912160049) haven’t helped, he said. “There is no one empowered to bring coherence to the federal agencies, so it’s just total free for all.” Feld questioned FERC's expertise here.
This is “yet another federal agency weighing in publicly on an FCC spectrum proceeding somewhat late,” said Jeffrey Westling, R Street Institute technology and innovation policy resident fellow. NASA initiated a study raising questions about interference to weather satellites in the 24 GHz proceeding “once the auction was about to begin,” he said: “While it is not strange for an agency to engage publicly with the FCC, the trend of agencies coming in late in the process rather than filing comments or working with the commission through the NTIA's Interdepartment Radio Advisory Committee is troubling.”
Many electric utilities filed “in alarm” on the non-AFC indoor low-power services plan, said Mitchell Lazarus of Fletcher Heald: “FERC is not out there by itself.” Lazarus represents the Fixed Wireless Communications Coalition. FWCC filed studies showing uncontrolled radio local area network devices at any useful power level are “statistically certain to cause harmful interference to the fixed service," he said.
FERC is echoing concerns of the utilities it regulates, said Michael Calabrese, director of the Wireless Future Program at New America. “FERC must not be very concerned, or it would not have waited a year to pipe up and would by now have filed studies and data,” he said: “Like the utility-generated letters from the Hill, FERC states the obvious, which is that the FCC always ensures that the rules governing band sharing will not cause harmful interference to incumbent services.”