Unlicensed

In November 2023, the National Telecommunications and Information Administration (NTIA) published its draft national Spectrum Strategy (NSS) and asked for comments to be filed by January 2, 2024. Seventy three organizations submitted written comments by the deadline. All three major national wireless carriers filed comments, which were remarkably similar to each other in their talking points. AT&T, Verizon and T-Mobile stressed their desire to put a rush on more mid-band spectrum.

One of the stickiest issues that State broadband offices are going to be wrestling with is how to recognize the service areas for ISPs that use licensed spectrum to deliver rural broadband. This issue comes from a ruling from the National Telecommunications and Information Administration that, for purposes of Broadband Equity, Access, and Deployment (BEAD) Program grants, fixed wireless networks using unlicensed spectrum are deemed to be unreliable.

Senators Edward J. Markey (D-MA) and Marsha Blackburn (R-TN) urged the Federal Communications Commission (FCC) to act expeditiously in its proceeding regarding the 12.2-12.7 GHz spectrum band while continuing to maintain an evidence-based approach.  With the 12.2-12.7 GHz band, the FCC has a unique near-term opportunity to expand broadband access, improve the distribution of spectrum resources, and put our spectrum to its most efficient use, especially in rural areas of the country.

Two top executives in the 5G industry renewed calls for more spectrum for commercial uses just weeks after the Biden administration released a 26-page national spectrum strategy. AT&T CEO John Stankey and Verizon's top networking chief, Joe Russo, both said that companies need access to more spectrum in order to innovate and grow the industry. Critics of President Joe Biden, including Federal Communications Commissioner Brendan Carr, argue that his administration hasn't done enough to support the 5G industry.

Policymakers inundated with self-serving arguments for specific spectrum allocation need ways to evaluate which actually advance the public interest. By focusing on the goal of productive spectrum use, one can differentiate between reasoning that would enhance productivity and that which would only advance private interests.

The Federal Communications Commission opened the 6 GHz band to a new class of very low power devices that will operate alongside other Wi-Fi-enabled devices. These rules will spur an ecosystem of cutting-edge applications, including wearable technologies and augmented and virtual reality, that will help businesses, enhance learning opportunities, advance healthcare opportunities, and bring new entertainment experiences.

While the proposal I made to restore net neutrality will certainly garner the most attention, the Federal Communications Commission's October agenda features many other actions to promote digital equity and support broadband-powered innovation:

Federal Communications Commission Chairwoman Jessica Rosenworcel responded to lawmakers' concerns over the ongoing proceeding expanding flexible use of the 12.2-12.7 GHz band. In the August 16, 2023 letter, the Chairwoman detailed the FCC's evaluations of the 12.2 GHz band and actions to mitigate issues.

One of the hardest things that the Federal Communications Commission does is to decide spectrum policy. The agency has full authority to determine the details of how we use each slice of available spectrum. Most importantly, the agency can determine who can use spectrum – and that’s why the task is challenging. In the last decade, it’s hard to think of any spectrum deliberation and decision that didn’t have to weigh the interests of multiple spectrum users. There is almost always somebody using spectrum that must be considered.

There are a variety of landline or wireless technologies that can deliver broadband. In most instances, wireless solutions have an advantage with respect to mobility and transferability (the ability to move broadband investment from one subscriber location to another). However, this advantage often disappears (and sometimes flips) when considering the increased operational expenses of wireless and the ongoing capital investment required.