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'Seize This Opportunity'

Industry, Wi-Fi Advocates Disagree on Best Approach to Unlicensed Use in High-Frequency Bands

The extent to which the FCC will set aside additional high-frequency spectrum for Wi-Fi and other unlicensed uses was an area of contention in comments on the Further NPRM released by the agency in July as part of its focus on 5 GHz (see 1607140052).

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The agency already set aside a “full” seven GHz of spectrum for unlicensed uses in the 64-71 GHz band, compared with only 3.25 GHz for licensed, exclusive use, CTIA said. The FCC also earmarked another 600 MHz for experimental sharing in the 37-37.6 GHz band, CTIA said. “With substantial millimeter wave spectrum already available for unlicensed and shared use, deploying exclusive-use licensing policies in the bands being considered in the FNPRM is all the more important.”

The commission should “seize this opportunity” to ensure that the 40-42 GHz, 50 GHz and 70/80 GHz bands are allocated as few encumbrances as possible, CTIA said. The FCC should also auction high-frequency bands already allocated for broadband as soon as possible, CTIA said. “The Commission has shown tremendous leadership in recognizing the potential the millimeter wave bands hold for facilitating the transition to 5G services,” the association said. “But there is more work left to be done.”

The Competitive Carriers Association said it’s too early to make decisions how the bands are classified. “Before the Commission releases more spectrum for unlicensed use, it must evaluate how the current market of unlicensed spectrum is being deployed,” CCA said. CCA also urged regulatory flexibility. "Neither the Commission nor stakeholders [now] have a firm grasp on what technologies or equipment are best suited for a particular band, nor the best way, in some cases, to coexist with incumbents,” CCA said.

CCA also questioned spectrum aggregation limits in other millimeter wave bands reallocated for broadband. “One size does not fit all; the Commission must acknowledge that different aggregation thresholds may be appropriate for different mmW bands depending on the best use case for that band, and to prevent anti-competitive practices,” it commented.

The FCC should designate additional spectrum for unlicensed use, “using a range of available regulatory tools,” between 24 GHz and 57 GHz, as well as above 95 GHz, the Wi-Fi Alliance said. “Making spectrum within those ranges available for unlicensed use would encourage the development of innovative applications in the same way that opening up the 2.4 GHz band for unlicensed use enabled the initial development of Wi-Fi.”

The FCC should focus on extending its "innovative" Part 96 sharing framework and spectrum access system governance model to the mmW bands, said New America’s Open Technology Institute and Public Knowledge. Doing so “creates a flexible sharing framework that will best advance the public interest goals of promoting innovation, market entry, competition, intensive spectrum reuse, and diverse uses and users,” they said. In bands where typical unlicensed access isn’t feasible, “dynamic spectrum sharing can protect band incumbents and priority access licensees, if any, while ensuring that the overall spectrum capacity of the band is used more efficiently than would any static or exclusive geographic-area licensing scheme,” they said.