Supporters of opening the lower 12 GHz band for fixed wireless use remain hopeful about a favorable FCC decision. That's despite the opposition from SpaceX and the major role its CEO, Elon Musk, is now playing ahead of the start of the second Trump presidency. FCC Commissioner Brendan Carr, President-elect Donald Trump's choice to lead the agency, has said repeatedly he will follow the guidance of FCC engineers about the band's future (see 2207140053).

EchoStar representatives met with an aide to Chairwoman Jessica Rosenworcel to criticize a recent SpaceX study warning of interference from fixed-wireless operations in the lower 12 GHz band (see 2409040035). “SpaceX’s study was designed to fail, because it employs unrealistic assumptions, and assumes interference scenarios that bear no resemblance to real-world fixed 5G deployments,” said a filing posted Wednesday in docket 20-443. “The Commission should move forward to authorize a higher-power fixed service in the band, which will unlock the substantial benefits of this valuable mid-band spectrum for millions of Americans, including those in Tribal communities,” EchoStar said.

Elon Musk has emerged as among the most enthusiastic supporters of former President Donald Trump’s presidential campaign, giving nearly $75 million in three months to his pro-Trump America PAC. Musk has danced at a Trump rally wearing a “dark MAGA” hat and announced Wednesday he would support Trump in a series of appearances throughout Pennsylvania.

House Appropriations Committee Chairman Tom Cole, R-Okla., urged the FCC Wednesday night to close its Further NPRM eyeing dynamic sharing in the 12.2-12.7 GHz band and “adopt final rules authorizing high-powered two-way fixed broadband service” on the frequency. “The FCC updating its rules to authorize” fixed broadband service on the lower 12 GHz band “will allow for more continuous spectrum, especially in tribal and rural communities,” said Cole, whose congressional district includes a significant tribal population, in a letter to Chairwoman Jessica Rosenworcel. “Ensuring that tribal communities are connected is a key priority for me. This expanded broadband service will help close the longstanding digital divide for underserved and hard to reach areas and foster economic development.” Incompas CEO Chip Pickering praised Cole for backing fixed wireless use of the lower 12 GHz band. “Our nation is at a pivotal moment in its work to connect every community, and [Cole] sees a clear opportunity to use this mid-band spectrum to bridge the digital divide, including in tribal areas in Oklahoma,” Pickering said: “We encourage the FCC to build on this momentum and act soon so we can continue delivering on the promise of Internet for all.” Sen. Dan Sullivan, R-Alaska, a member of the Senate Armed Services and Commerce committees, urged the FCC in July to adopt dynamic sharing on the lower 12 GHz band if it finds that use won’t cause harmful interference for incumbent users (see 2407160066). SpaceX is urging the FCC against dynamic sharing, while EchoStar supports it (see 2409050040).

Officials with the 12 GHz for 5G Coalition remain hopeful that FCC action in coming months will allow use of the lower 12 GHz band for fixed-wireless deployments, they said in interviews. In addition, should the FCC act soon, the band could still play a part in some state proposals under the broadband equity, access and deployment (BEAD) program, the officials said. The coalition had hoped for action early in 2024 (see 2312270045).

The Open Technology Institute at New America urged the FCC to approve a rule change allowing fixed wireless use of the lower 12 GHz band, but with conditions. In a meeting with Wireless Bureau staff, OTI urged a tribal set aside. “The license rights to all or at least a substantial portion of the 500 megahertz on Tribal lands should be made freely available for broadband deployment at the request of Tribal authorities,” said a filing posted Monday in docket 20-443. The group also said unused spectrum in the band “should be authorized for opportunistic access on a non-interfering basis for fixed wireless services.”

EchoStar, RS Access and Go Long Wireless entered into an agreement with the Cherokee Nation to make 100 MHz of lower 12 GHz spectrum available to the tribe for fixed wireless. EchoStar’s Dish Network earlier offered to make the band available in tribal areas as the FCC looks at revising rules for the band (see 2309110061). The companies said they are looking to sign similar agreements with other tribes. “Under the terms of the agreement, the Cherokee Nation (or another participating Tribal entity) would be assigned free and clear 100 MHz of spectrum (12.2-12.3 GHz) and could use as much of that 100 MHz band as it needs for fixed wireless service, with the [multichannel video distribution and data service] licensee and the Tribal entity having a mutual right to use each other’s unused spectrum as needed for their own operations across the entire 12.2 GHz band,” said a filing posted Friday in docket 20-443. The approach “would help close the longstanding digital divide for underserved and hard-to-reach Tribal lands, while simultaneously respecting tribal sovereignty and self-determination,” the filing said. In a call last week with FCC Commissioner Anna Gomez and aides to Commissioners Geoffrey Starks and Nathan Simington, tribal broadband advocates discussed the potential significance of a proposal giving tribes access to the lower 12 GHz band. The advocates made similar points in an earlier meeting with Commissioner Brendan Carr (see 2402140035).

Tribal broadband advocates discussed the potential significance of a proposal giving tribes access to lower 12 GHz spectrum in a call with FCC Commissioner Brendan Carr. Dish Network made the proposal (see 2309110061). The advocates noted the importance of conveying the licenses to tribal governments. “Because Tribal lands are held in trust, they cannot serve as collateral for loans,” said a filing posted Wednesday in docket 20-443. FCC licenses “are accepted by banks and other lending institutions as collateral,” the groups said: “Holding a license, not merely permission to use spectrum, is therefore not merely a matter of semantics or even a matter of Tribal sovereignty. Holding a license opens doors to needed capital to build the network.” Among those on the call were Public Knowledge, Tribal Broadband and the Open Technology Institute.

RS Access CEO Noah Campbell met with aides to the four FCC commissioners on the agency’s Further NPRM on the lower 12 GHz band, said a filing posted Tuesday in docket 20-442. The company is among those urging a rule change allowing use of the multichannel video and data distribution service band for fixed-wireless (see 2309110061). The company “advocated for modernized rules in the MVDDS Band, including high-powered, fixed point-to-multipoint services,” the filing said: “We further discussed RS Access’s support for voluntarily relinquishing up to 100 MHz of MVDDS spectrum on Tribal lands to provide capacity for high-powered, fixed two-way services for Tribes and Tribally affiliated organizations.”

Officials with the 5G for 12 GHz Coalition still hope for FCC rules allowing use of the lower 12 GHz band for fixed-wireless by the end of the year, in time for the spectrum to be used as part of projects approved under of the broadband equity, access and deployment program. But SpaceX and DirecTV, in particular, which opposed mobile use for 5G, are giving no ground. Replies were posted Monday in docket 20-443.