FCC Makes Major Revisions to 37 GHz Order Over Earlier Draft
The FCC’s final version of its order addressing 5G spectrum in the 37 GHz band includes numerous significant changes over the draft proposed by Chairman Ajit Pai, based on a side-by-side comparison. The final version, posted Monday, adds new paragraphs dealing mostly with industry concerns that DOD could ask for additional protection in the band beyond those areas already protected, following an auction later this year.
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The order was approved Friday, with partial dissents by Commissioners Jessica Rosenworcel and Geoffrey Starks (see 1904120058). Commissioner Mike O’Rielly also voiced concerns. FCC Chairman Ajit Pai said Friday the 37, 39, 47 GHz auction will start Dec. 10 (see 1904120065).
DOD requests for access to new sites are “likely to be relatively rare, as we anticipate that most such operations can be accommodated in the Lower 37 GHz band,” the order now reads. “Military use, if it cannot be accommodated in the Lower 37 GHz band, will be limited to military bases and ranges, for the purpose of defense applications or national security, and most likely will be in remote areas.”
The draft order also was changed to note the special nature of the high-band spectrum. The spectrum is “marked by high path losses and use of advanced antennas and adaptive power control, [that] can minimize any significant impact on licensees’ operations,” the FCC says.
The order includes new language restricting the sites likely to need future protection. The text acknowledges that the FCC held discussions beyond NTIA, the spectrum manager for the federal government. “The FCC, after consultation with potentially affected licensees, NTIA, and the Department, will determine whether the request for access can be accommodated without creating a significant risk of harmful interference to current or planned deployments by potentially affected non-Federal licensees,” the final order says.
It addresses concerns raised by AT&T and T-Mobile. “The same argument that AT&T raises to support the likelihood of successful Department negotiations on the secondary market -- that the Department already has the practical ability to control the deployment of facilities on its military bases and ranges -- also supports the likelihood that, under the process described above, non-Federal licensees could successfully negotiate coordination addressing future needs for defense and national security applications,” the order says.
The FCC disagrees with T-Mobile claims that the order doesn’t meet the requirements of the Administrative Procedure Act. “The Commission provided ample notice … for our decisions today,” the final order asserts. In the third Further NPRM, “the Commission asked not only whether it should amend its rules to add more specific sites for Federal operations, but also whether it should establish a process that would permit Federal entities in the future to identify a limited number of additional sites on an as-needed basis.”
The order also counters T-Mobile assertions that the process has been arbitrary and capricious. “The process we adopt today is limited to specific locations, i.e., military bases and ranges, limits requests solely for the purpose of defense applications or national security, and only in those instances where the Department can justify that its proposed operations cannot by accommodated in the Lower 37 GHz band,” the FCC says. CTIA, AT&T and T-Mobile didn't comment.