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Nationalization Concerns

FCC Approves 3.45-3.55 GHz Notice on 100 MHz for 5G

Commissioners approved a Further NPRM Wednesday 5-0 on clearing the 3.45-3.55 GHz band, after changes were made at the urging of FCC Democrats asking whether the type of sharing used in the citizens broadband radio service band would work there. Commissioner Mike O’Rielly, who said during discussion on the item that he's leaving the FCC by year-end (see 2009300014), had pushed for the agency to take on the band. Commissioner Jessica Rosenworcel said the U.S. remains behind on 5G. Chairman Ajit Pai predicted an auction next year.

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It has been clear for some time that although these frequencies are crucial for 5G and other wireless offerings, it was going to be very difficult to get [the DOD] to finally surrender this slice of spectrum,” O’Rielly said at the commissioners' meeting. The band was “the sole reason” he wrote President Donald Trump in April asking for help on spectrum for 5G (see 2004090047), he said. “Some laughed and others even ridiculed my letter,” he said: “I’m pleased with the results.” The push led to a deal between DOD and the White House to clear the frequencies, he said.

There is still no government-wide plan,” Rosenworcel said. The White House hasn't released its long-promised national spectrum strategy. “We are heading into our wireless future with something less than a fully coordinated effort,” she said: “We don’t have a national strategy in place for 5G.” It's unclear whether federal operations vacating 3.5 GHz are planning to relocate to the CBRS band, she said. “If so, this would have consequences for ongoing commercial use of CBRS spectrum, because federal users have a preemptive right in these airwaves."

The number and variety of new licensees, coupled with the unlicensed use already underway in the band, promise to make the 3.5 GHz band a source of tremendous innovation and opportunity,” said Commissioner Geoffrey Starks. “It therefore makes sense to consider whether a similar approach might work in the adjacent 3.45 GHz band.” Starks noted confusion from DOD’s recent request for information on dynamic spectrum sharing of the electromagnetic slice (see 2009210056). “Despite repeated rebukes, this idea continues to surface, providing yet another example of how this administration simply can’t get on the same page on telecom issues,” he said.

The Trump administration’s 5G strategy is working, said Commissioner Brendan Carr. “Because of the actions this commission has taken in mid-band in particular, 5G anticipation will be over for millions of Americans in a matter of weeks,” he said, citing rumors Apple may unveil its first 5G iPhone next month. “That would mean that before the holidays, millions of Americans finally may have a phone in their hands that runs on 5G,” he said.

An order eliminates the nonfederal radiolocation service and nonfederal amateur allocation in the 3.3-3.5 GHz band but allows incumbent licensees to continue operating in 3.45-3.55 GHz until a future date (see 2009090048). Users will be moved to the 2.9-3.0 GHz band, “allowing them to continue operating on a secondary basis to federal operations, consistent with current allocations.” Amateur operators are allowed to “individually determine appropriate alternate spectrum from existing available spectrum allocations.” The FNPRM proposes to make 100 MHz of spectrum in the 3.45-3.55 GHz band available for flexible use, including 5G.

5G Reaction

Senate Communications Subcommittee Chairman John Thune of South Dakota led a letter with 18 other Republicans Wednesday raising concerns with Trump about the DOD RFI. They believe the RFI contradicts the existing “free-market path” on 5G "that will enable [the U.S.] to win” the global 5G race.

Nationalizing 5G and experimenting with untested models for 5G deployment is not the way the United States will win the 5G race,” the senators said. “While we recognize the need for secure communications networks for our military, we are concerned that such a proposal threatens our national security. When bad actors only need to penetrate one network, they have a greater likelihood of disrupting the United States’ communications services.” CTIA Senior Vice President-Government Affairs Kelly Cole praised the senators for raising the issue. She noted Trump says “a nationalized 5G network ‘won’t be as good, nearly as fast.’ He is right, and thanks to this Administration’s support for auctioned spectrum and private sector solutions, we benefit from multiple nationwide 5G networks today.”

New America's Open Technology Institute supports "extending the use-it-or-share-it rule in CBRS that allows opportunistic, effectively unlicensed use of any spectrum across the entire band that is not being used,” said Wireless Future Program Director Michael Calabrese: “A combination of opportunistic access and small license areas is a potent way to narrow the digital divide.”

The FCC, White House and DOD are taking “decisive action to accelerate our transition to a new 5G economy by moving forward with plans to auction 100 megahertz of lower 3 GHz spectrum, at full power levels, next year,” said CTIA President Meredith Baker. “The long-standing commitment to private-sector approaches and auctioning exclusive use, commercial licensed spectrum is critical to maintaining America’s wireless leadership and the reason why we benefit from multiple nationwide 5G networks today.”

More spectrum translates into more deployment opportunities for the telecommunications tower industry, while substantially advancing the nation’s critical communications capabilities by promoting the deployment of 5G,” said President Todd Schlekeway of the National Association of Tower Erectors. “5G Americas looks forward to working with the FCC on technical rules for commercial access to this globally harmonized 5G band, and developing protocols for coordinating commercial and federal use,” said President Chris Pearson.