Limited Tweaks Expected as 12 GHz Item Heads for FCC Approval
The FCC’s multipart draft on the 12 GHz band is expected to be approved Thursday with limited changes, said industry officials tracking the proceeding. Chairwoman Jessica Rosenworcel proposed a draft order, Further NPRM and NPRM on the broader band (see 2304270077) addressing both the lower and upper parts of the band.
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The agency has seen an unusual amount of lobbying on the draft compared with most items in recent years. Industry officials expect some questions to be added to the FNPRM and NPRM. One likely addition is language on Tribal Ready’s pursuit of a set aside to “accelerate” fixed-wireless broadband in Indian country (see 2305110051).
The most debated was the FNPRM, which seeks comment on whether to allow fixed-wireless, unlicensed or other non-satellite uses of the spectrum. Some members of the 5G for 12 GHz Coalition see the FNPRM as mostly a win (see 2305020032). But Dish Chairman Charlie Ergen was disappointed in the FCC’s analysis of the interference risks (see 2305080055). Direct broadcast satellite and non-geostationary orbit interests were relatively pleased with the overall thrust of the draft (see 2305040053).
In the latest filing in docket 20-443, the 5G for 12 GHz Coalition reported on meetings last week with aides to Rosenworcel and Commissioners Brendan Carr and Nathan Simington, and Wireless Bureau staff. Among those represented at the meetings were Incompas, Dish, Public Knowledge, X-Lab and the Computer and Communications Industry Association. “The Coalition expressed interest in the Commission’s continued efforts to explore proposals to make the best and most efficient use of the 12.2-12.7 and 12.7-13.25 GHz bands in order to bridge the digital divide, increase competition, deliver next generation services to consumers and spur U.S. leadership in wireless,” the filing said.
“Given how public the chairwoman has been on the item, I doubt there'll be any significant changes,” said Digital Progress Institute President Joel Thayer. Tweaks in the questions or minor language changes are always possible, “but the item seems to be pretty much baked,” he said.
The record is already well-developed for the lower 12 GHz band, emailed Joe Kane, Information Technology and Innovation Foundation director-broadband and spectrum policy. For 12.7 GHz, “the proceeding seems like it's at a pretty early stage, and parties can make all the arguments they want in comments,” he said. But legally commenters can't be the only ones to raise an idea if they want to get it into a final order, “and it doesn't cost the commission much to add some additional questions that tee up more issues,” he said: “I wouldn't be surprised to see some additions in response to ex parte filings there.”
Questions about unlicensed underlays “could make their way into the final item,” predicted Jeffrey Westling, American Action Forum director-technology and innovation policy. Some are pushing for questions about mobile wireless in the lower band, but “that ship may have sailed and the commission probably wants to just keep the discussion on fixed operations,” he said. Westling noted there are “a lot of moving parts to the item, so things can change rapidly.”
The draft 60 GHz order also could see some changes, based on several ex parte filings mostly seeking technical changes, industry officials said. In the most recent filing in docket 21-264, tech companies urged clarifying language in the order to “better ensure the applicability of a conducted output power limit is not subject to misinterpretation.” The filing was signed by Amazon.com Services, Garmin International, Google, Intel, Meta Platforms, Qualcomm and Texas Instruments, among others.