FCC Still in Talking Stage as Agency Starts To Examine Bidirectional Spectrum Sharing
Wireless Bureau officials wouldn't say what’s next as the FCC starts an examination of bidirectional sharing, following comments by Chairman Tom Wheeler in an Aug. 3 blog post. The FCBA Wireless Committee held a brown bag lunch Wednesday with Chief Roger Sherman and other officials from the bureau. It's “been extremely busy over the past year” on auction and non-auction issues, Sherman said. “I’ve been here two years and it feels like five.”
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Sherman said he had nothing of substance to add to Wheeler's comments, made as part of a larger blog post, that the FCC will look at two-way spectrum sharing (see 1508030071). The Department of Defense has been promoting a focus on the topic, as government agencies face additional pressure to move off spectrum bands (see 1509010059).
"That is something that [federal] agencies are interested in,” said John Leibovitz, deputy bureau chief. “People can look at it as an opportunity or a risk and we hope that people look at it as an opportunity, if we can find ways for people to get out of the traditional boxes and move into a world where spectrum is not just everything is ‘you’ve got your band, I’ve got my band.’” There are a number of ways to share spectrum, he said. “It could increase the supply of useful spectrum for everybody, but how that works, all the details, there’s a lot baked into that.”
Angela Giancarlo, wireless lawyer at Mayer Brown, asked Leibovitz what the term bidirectional sharing means to him. “That term could mean so many different things,” she said. “You’ve put your finger on one of the issues, which is what exactly does it mean,” Leibovitz replied. “I think different stakeholders have different opinions on what it means.”
Bureau staff also faced questions about when the FCC would further clarify the rules during what is expected to be a lengthy quiet period around the incentive auction. “In past auctions, there’s always been an expectation that commercial transactions that don’t actually [address] bidding could be prohibited,” Larry Movshin of Wilkinson Barker said. “Will the commission be giving fairly clear guidelines because today’s guidelines are fairly unclear?”
Sherman referred to his comments last week at CTIA (see 1509100032), that the competitive bidding rules “spell out” types of behavior that wouldn't raise concerns at the FCC. “Our intent is to amplify some details in guidance that will be forthcoming,” Sherman said. “Of course, we’re open to talk about things if you have additional questions.”
The bureau’s Auctions and Spectrum Access Division is putting the final touches on rules for the incentive auction, division Chief Margaret Wiener said. Educational workshops and webinars are in the works for potential bidders, as is an applications procedures public notice, she said. “We basically have to address all of the issues that were not addressed in the bidding procedures” PN, she said. “It’s very typical stuff.”
“We’re working on all of the topics that normally get addressed in an auction,” Wiener said. The bureau is working on “normal auction stuff” that will be “very abnormal in this case” and “very new and different” given the nature of the incentive auction, Wiener said. The bureau also is working on phase two of the Mobility Fund, she said, an issue raised by Commissioner Mignon Clyburn last week (see 1509100059).
Blaise Scinto, chief of the Broadband Division, said her division is still reviewing the long-form applications from this year’s AWS-3 auction. It has granted 13 of 31 applications so far, she said. The division also is in charge of a proposed NPRM on high-frequency spectrum, Scinto said. “That will provide us with lots of exciting activity in the coming year.”
Leibovitz said the high-frequency spectrum NPRM is critical. “People talk about we need 350 MHz” for wireless broadband, he said. In “some of these spectrum frontiers bands, we’re looking at gigahertz of spectrum," he said. "Yes, they’ll be shorter range, but they’ll be complemented by the 600 MHz, 700 MHz, 800 MHz, maybe 900 MHz, spectrum that we’ve got.”
Positive train control (PTC) is a big focus of the Mobility Division, Chief Roger Noel said. Railroads face a Dec. 31 deadline to have safety systems in place. “We’re facilitating industry discussions” of how to make sure railroads get the spectrum they need, Noel said. “We’re encouraging secondary market solutions,” he said. “We’re, as quickly as possible,” considering waivers, spectrum transactions and other requests on PTC filed at the FCC, he said. “Literally, on a weekly basis we’re talking to somebody on the subject trying to figure out what’s going on, what’s happening, what’s happening next.” The commission also is paying close attention to PTC testing and deployment, he said. Also Wednesday, PTC and a GAO report on FCC delays in approving railroad applications for it were discussed by lawmakers (see 1509160020">1509160020).