FCC Must Impose Stronger Protections Before Approving In-Flight Broadband in 14 GHz Band, NAB Says

FCC commissioners approved the NPRM 4-0 at former Chairman Julius Genachowski’s last meeting, but said they wanted hard evidence that the service wouldn’t cause problems for 14 GHz incumbents. Industry and agency officials said they expect a decision by the FCC only after Tom Wheeler, nominee as FCC chairman, is confirmed by the Senate.

"NAB’s concern lies not with the Commission’s commitment to protecting FSS operations in the 14 GHz band, but with the clarity of the proposed rules,” the group said in its comments (http://bit.ly/19X0heL). “While the Notice properly amends Part 2 of the rules by adding Aeronautical Mobile Service as a secondary service, the proposed service rules governing AMS in Part 22 fail to codify the secondary nature of the service. NAB submits that more specificity is required in Part 22 to prevent any potential conflict or uncertainty over the status of AMS. NAB thus proposes to insert text which emphasizes and clarifies the secondary allocation of television programming backhaul distribution and satellite newsgathering.” Satellite newsgathering “enables television stations to transmit video from mobile, remote newsgathering trucks to the studio, where the video is then broadcast,” NAB added. “Before SNG, broadcasters had to either physically transport tapes or rely on line-of-sight microwave transmission to relay remote video and information to the studio. SNG has revolutionized remote news gathering by freeing on-the-scene reporters from the limitations of these older methods."

SIA, which had raised concerns before the NPRM was released, remains concerned, the group said in its comments. “As the primary user of uplink frequencies in the 14.0-14.5 GHz band, the satellite industry has a substantial interest in the proposed introduction of a new secondary service in that band,” the group said (http://bit.ly/19WDDTW). “The 14.0-14.5 GHz segment of the Ku-band is used today for a wide range of fixed-satellite services, including broadband to aircraft, and new technologies such as high-throughput satellites are being developed and deployed.” SIA said this proposed Aeronautical Mobile Service might fit better in another band.

ViaSat said the protections proposed in the NPRM “are insufficient to protect future ... FSS operations and threaten to chill future development and innovation in satellite design.” The technology company called on the FCC to impose tighter controls. “While secondary [air-to-ground] operations in the 14.0-14.5 GHz are potentially technically feasible, it is important that the design of those secondary uses be compatible with all expected primary and secondary FSS operations in that same band,” ViaSat said (http://bit.ly/19KGHyN). “The Ku-band FSS eco-system is well established and serves as the backbone for numerous commercial and government communications networks that depend on the reliability and wide-spread availability of Ku-band satellite services and capacity."

CTIA said consumers are demanding broadband while they fly and noted that, according to one study, 15,000 aircraft are expected to be equipped to offer broadband in 2021, compared to 3,000 in 2012. “Only 4 MHz of spectrum in the 800 MHz band is currently available for air-ground broadband service, which is insufficient to meet the growing consumer demand for, and evolving customer usage of, in-flight mobile broadband service,” CTIA said (http://bit.ly/1dkpBMp). “Current in-flight broadband options often offer lower speeds than terrestrial broadband services at a higher cost,” it said, adding that travelers want in-flight broadband service that is on par with access available on the ground.

Qualcomm, which filed a petition at the FCC asking it to reallocate the 14 GHz spectrum on a secondary basis, said the number of planes equipped with Wi-Fi continues to increase.(http://bit.ly/1dkqFjn). “It is not surprising that airlines are actively promoting the opportunity to ’take your business above the ground.’ The market for in-flight broadband services is perceived as an attractive business opportunity and one that remains underserved,” Qualcomm said. The company said the preferable solution is for a single carrier to offer service using the entire band. “Qualcomm believes that the market ultimately should decide how many networks are viable,” the company said. “Therefore, while Qualcomm supports the FCC’s proposal to auction two licenses, we believe that the Commission should hold an open auction in which a single entity is permitted to buy both licenses, or two different entities can win the two licenses."

Gogo, a company that already delivers in-flight broadband, said the FCC should auction the 14 GHz spectrum in four 125-MHz blocks. “A single 125 MHz license -- 41 times larger than Gogo’s current 3 MHz air-ground license -- should provide a licensee with sufficient spectrum to offer in-flight broadband speeds comparable to those of terrestrial providers for years to come,” Gogo said (http://bit.ly/15tZn5c). “With more licenses available at auction, the cost for each will be less (although the total auction revenue could be more), which could expand the potential pool of bidders. Bidders won’t be forced to acquire more spectrum than they need, and they will be able to choose among licenses of varying degrees of existing user encumbrances.”