Cable operators said complaints from broadcasters about opening up the 6-GHz spectrum band for WiFi are “unfounded … untimely, unsubstantiated and irrelevant.”

NCTA–The Internet & Television Association made that argument in comments to the Federal Communications Commission on June 10 regarding unlicensed use of that band, comments prompted by a court remand of one part of the FCC's unanimous April 2020 decision to allow the entire 1,200 Megahertz of the 6-GHz band to be shared with unlicensed WiFi. The decision was at that time the FCC‘s latest move in freeing up more spectrum for connecting 5G in-home devices — video streaming, video calls — and connecting internet of things (IoT) devices to the internet. Cable operators and technology companies supported it.

The U.S. Court of Appeals for the D.C. Circuit, in a decision handed down last December, said the FCC‘s conclusion on the risk of harmful interference was just the sort of technical call to which the court owes “significant deference.” It rejected the broadcasters’ challenge, arguing TV stations had not provided a basis for their claim  the band could not be opened up without “a significant risk of harmful interference.”

But while the court denied the petitions to review in most respects, it did say the FCC had not sufficiently responded to a request from broadcasters that it reserve a sliver of the band exclusively for mobile licensees, so that aspect of the decision was remanded to the FCC for "further explanation."

NCTA said that explanation is easy. In its comments, it said the FCC should tell the court ASAP that broadcasters‘ unsupported assertions “do not alter the Commission’s conclusion that the risk of harmful interference to mobile indoor operations from unlicensed 6 GHz low-power indoor (LPI) devices is
insignificant.” ■

WASHINGTON — The Federal Communications Commission has told Congress it still hasn’t determined whether its dynamic spectrum sharing model can be used to allow larger commercial carriers to share the 3.5 Gigahertz allocated for unlicensed Citizens Broadband Radio Service (CBRS).

That finding came in a report from the Wireless Telecommunications Bureau and Office of Engineering and Technology (OET). Currently on the witness stand is television’s white spaces regime, with the CBRS band the next up.

The FCC has finalized the rules and granted conditional approval to the dynamic sharing system for CBRS and is moving toward final approval and initial commercial deployments. It has also certified equipment, and has told Congress that collaboration among the stakeholders has been excellent.

Companies — most notably Amazon — and cable operators have been eyeing the CBRS band.

Dynamic sharing employs devices that can sense available spectrum and adjust their power levels to avoid interference, as well as databases for protected services that the devices can access, and advanced antennas to steer signals away from incumbents.

But there is a “but” in that dynamic spectrum future.

In a mandatory “Spectrum Pipeline” report to Congress this month on the agency’s progress in freeing up new spectrum by reallocation or sharing — a report required by the RAY BAUM’S Act FCC reauthorization bill — the agency said it and its stakeholders are “confident and excited” about the prospects of CBRS for commercial use, and dynamic sharing, but the consensus comments for that report advocate a “wait-and-see” approach.

That makes the white spaces and CBRS groups a sort of spectrum “canary in the coal mine” for dynamic sharing, and the FCC signaled it will wait and see how the canary fares.

On the white spaces side, broadcasters have registered complaints about how the all-important database identifying existing users is being managed and how effective it is at steering the unlicensed devices clear of TV station signals.

The FCC is still weighing that input and made it clear in the report that dynamic sharing in general is a work in progress.

“It is too soon to know whether other bands may be suitable for licensed or unlicensed use based on the techniques used in the 3.5 GHz band,” the agency told Congress. “The commission will continue to monitor and consider relevant developments.”

White Spaces Sharing OK’d

While the jury is still out on other bands, the FCC has already concluded such dynamic sharing can be used in the TV spectrum band, represented by the TV white spaces regime, a point the FCC made to Congress.

“[D]ynamic spectrum access techniques formed the basis for unlicensed access to spectrum in the TV white spaces,” it said. “This, in turn, was the precursor to the development of the more sophisticated sharing techniques that are manifest in the Citizens Broadband Radio Service.”

But whether “sophisticated” in concept translates to “effective” in practice remains open for cross examination.

A slightly divided FCC voted to advance the agency's efforts to free up more bandwidth, particularly in the higher bands, for wireless broadband.

The commission voted to set additional rules for flexible-use millimeter wave spectrum for 5G. Those included "adopting an operability requirement for the entire 24-GHz band, a sharing framework to allow use of a portion of the 24-GHz band for terrestrial wireless operations and Fixed Satellite Service (FSS) earth stations, a band plan for the lower 37-GHz band, and spectrum aggregation rules applicable to certain bands."

Need to Know: 5G — Riding Wireless’s Next Wave

The FCC also denied petitions that the FCC rethink its decision not to use geographic area licensing for the lower 37-GHz band and allocating the 42-GHz band for satellite use.

It also "tees up" coordination of shared use of the lower 37-GHz band among commercial and government users.

The vote was about putting more spectrum on the table, said FCC chair Ajit Pai and putting finishing touches on rules for the spectrum already placed there.

The vote will actually be recorded as unanimous, but there was a partial dissent by Democrat Jessica Rosenworcel and a partial concurrence -- short of full-throated support -- by Republican commissioner Michael O'Rielly.

Actually, the two commissioners had issues with the same portion of the decision, but for opposite reasons.

Rosenworcel dissented from the decision not to cap large companies' access to spectrum in upcoming auctions, but instead apply a case-by-case spectrum screen after the fact. The screen's goal is to ensure that smaller competing companies get access to some of the spectrum.

O'Rielly concurred with that portion, rather than approved, because he thought the screens should not be applied at all.

“With today’s vote on further action in the Spectrum Frontiers proceeding, the FCC continues to advance U.S. leadership in the race to next generation wireless networks," said Margaret McCarthy, executive director of Mobile Future. "Building on the work the Commission has already done to bring millimeter wave spectrum to market, today’s item makes further reforms to unleash spectrum to fuel the 5G economy. Importantly, the Commission is eliminating the pre-auction spectrum cap for the 28-GHz, 37-GHz and 39-GHz bands, allowing greater flexibility for auction participants that will promote innovation and efficient use of millimeter wave spectrum. With the right rules in place, this high-band spectrum can be put to use to deliver the benefits of 5G to America’s wireless consumers.”