FCC's 6 GHz Order Still Expected to Get Vote in April Despite Coronavirus
In a key early test of the FCC’s ability to wrap up big items in a coronavirus world, commissioners are expected to vote in April to allow Wi-Fi to share the 6 GHz band (see 2003050058). The Office of Engineering and Technology hadn’t completed work on the order before FCC staff was ordered to telework last week, but most industry and FCC officials said they still expect the order to be ready for a vote at the April 23 meeting, though questions remain difficult.
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.
At a New America event Tuesday, Commissioners Mike O’Rielly and Jessica Rosenworcel said questions remain (see 2003170063). “An order unleashing more capacity for faster and more reliable Wi-Fi is needed now more than ever,” Michael Calabrese, who hosted the event, told us: “The combination of telework and students [at home] is creating a home connectivity crunch for millions of couples and families.”
Former FCC engineer Michael Marcus said OET staff should be able to do all the work they need to remotely if the order is otherwise ready.
Alex Roytblat, Wi-Fi Alliance senior director-worldwide regulatory affairs, agreed now isn't the time for delay. "In initiating the 6 GHz proceeding three years ago, the commission recognized that unlicensed devices employing Wi-Fi have become indispensable for delivering low-cost wireless connectivity to American consumers and enterprises,” Roytblat told us. “With the unfolding of the COVID-19 public health crisis, the necessity for Wi-Fi functionality, unencumbered by spectrum-congestion, is even more urgent and immediate.” The Wi-Fi industry is “well positioned to support 6 GHz deployments with new and innovative technologies but, another delay in this proceeding would disrupt the product cycles and availability,” he said.
“There’s no question that the coronavirus phenomenon impairs the productivity of all agencies,” Cooley’s Robert McDowell, a former FCC commissioner, told us. “The big thinking regarding the 6 GHz item had largely been done before the work-from-home mandate. So the commission was in a good position to finish the job. They can get this one done.”
Most of the FCC’s staff has made the transition to working remotely and is staying productive, said Mark Jamison, a University of Florida professor who helped the Trump administration organize the current FCC. “If there is a delay, it should be brief,” he said: “This FCC has been extraordinarily productive in taking care of long-term issues while still addressing short-term urgencies. Spectrum is both important and urgent.”
Jeffrey Westling, R Street Institute Fellow, was more skeptical. “There will undoubtedly be issues caused by the pandemic, and the 6 GHz proceeding may be one of those proceedings that gets delayed,” he said: “This proceeding in particular may be challenging because the band has difficult technical questions surrounding unlicensed operations coexisting with incumbent operations and potentially opening portions of the band up for licensed mobile operations.” Any delay could be due to factors beyond the pandemic, he said. “The 6 GHz proceeding has been facing delays for months now because of the difficult technical and policy questions, so any delays we see now could stem from the same issues that have caused this proceeding to remain unresolved for the last few months,” Westling said.
“The COVID-19 pandemic has demonstrated the critical role broadband -- and Wi-Fi in particular -- plays in American life, and has increased the already urgent need for more unlicensed spectrum to alleviate congestion,” a Charter spokesperson emailed: “This is the perfect time for the FCC to take quick action in allowing unlicensed users to share the under-utilized 5.9 GHz and 6 GHz spectrum bands, which will clear a path for significantly increased Wi-Fi capacity in American homes and businesses within months.”
FCC work continues, Wells Fargo’s Jennifer Fritzsche told investors Thursday. “Once this crisis passes we believe the heavy demand on wireless and wired networks will shine the light on the need for additional spectrum allocation and continued programs to support pushout of broadband into rural areas to lessen the digital divide,” she said. She predicted the citizens broadband radio service and C-band auctions will take place as expected because “the urgency around getting this spectrum in the carriers is likely more critical than ever.”
“The FCC has already shown its ability to act and to lead,” said Anna-Maria Kovacs of the Georgetown Center for Business and Public Policy. The grants of special temporary authority the FCC already issued show “the need for additional licensed spectrum as well as unlicensed spectrum in times of emergency,” she said: “It is essential that the 6 GHz order provide spectrum for both licensed and unlicensed uses.”