By Christian Kuzdak & Yaegy Park
Freedom Technologies Inc. (FTI) is proud to present Spectrum Insights, a new series in which we share our thoughts on developing spectrum and telecommunications trends. The world of spectrum is a rich conversation among stakeholders, policy makers, technologists, academics, and analysts. FTI has been part of that conversation since 1992, and our experts are eager to share their perspective. In the series of blog posts below, FTI’s technology policy team seeks to explore some of the most fascinating and impactful developments in our corner of the world, inviting you to join the conversation.
2022 has been another eventful year for spectrum policy. A major Federal Communications Commission (FCC) auction, unprecedented acceleration in space and satellite issues, and lingering spectrum management complications are just a few significant developments occupying the thoughts of spectrum regulators and stakeholders as we usher in a new year and a new Congress. Meanwhile, in the realm of telecommunications generally, the National Telecommunications and Information Administration (NTIA) is preparing to distribute tens of billions of dollars in broadband grants, complementing ongoing FCC efforts to close the digital divide and replace suspect equipment. The current communications landscape is complex and volatile to say the least.
In a three-part series of inaugural installments in FTI’s Spectrum Insights, we want to tease out some of the major trends that FTI has tracked over the past year, highlight those of most import, and offer some thoughts on where those trends might take us. Over the course of three blog posts, we will consider (1) spectrum management practices, (2) space and satellite developments, and (3) congress and spectrum-related legislation. Today, we’ll tackle spectrum management.
Spectrum Management Practices
High profile spectrum disputes between regulators and stakeholders did not spring into existence this year, but they continue to challenge the FCC, NTIA, and others to improve coordination techniques. After highly public federal agency disputes over FCC actions regarding the 24 GHz band and L-band in recent years, an unwelcome dustup between wireless carriers and aviation interests in the C-band triggered direct White House involvement and proved a catalyst for some long-overdue regulatory updates.
Issues with C-band began in late 2021, as mobile operators Verizon Wireless and AT&T prepared to deploy 5G base stations in newly acquired C-band spectrum. Aviation stakeholders, backed by the Federal Aviation Administration (FAA), asserted that 5G transmissions in the 3.7-4.0 GHz C-band could cause potentially catastrophic interference to radar altimeters operating in the 4.2-4.4 GHz band. The altimeters, critical pieces of aviation safety equipment designed to help pilots ascertain elevation, are old and sensitive tools, prone to “listen” well outside their intended frequency bands. The FCC, NTIA, and FAA sought to determine the correct path forward subject to their respective responsibilities and regulatory jurisdictions, eventually necessitating action by the White House. The issue, while largely handled through the imposition of voluntary mitigation measures on the wireless carriers, remains unresolved. As recently as November of this year, aviation stakeholders and the FAA were requesting that the FCC make the temporary voluntary mitigation measures permanent and involuntary.
The dispute, which involved many twists and turns not enumerated above, was emblematic of a larger problem; namely, that the coordination processes between the FCC, NTIA, and federal agencies are straining against the complexities of the current spectrum environment. The same problem was apparent in the longstanding Ligado Networks issue, which pitted the Department of Defense and various GPS vendors against Ligado, which received FCC approval in 2020 to deploy a terrestrial 5G network with its L-band licenses. As with the C-band, many observers feel that substandard communication among regulators and agencies led to the decision, which the National Academies of Sciences, Engineering, and Medicine recently found would lead to at least some GPS interference (Ligado voluntarily put its plans on hold, including launching a test network on September 30 of this year).
Regulators acknowledge the process must be strengthened. The FCC and NTIA in February announced a joint Spectrum Coordination Initiative “to build a common vision for spectrum management and coordination that serves federal users, private actors, and the American people” according to NTIA Assistant Secretary Alan Davidson. In September, the Initiative announced an update to the 2003 memorandum of understanding (MOU) between the two focused on (1) evidence-based policymaking, (2) frequent and effective communication, (3) long-range planning and information sharing, and (4) development of a common approach for assessing interference issues. Practically speaking, NTIA and FCC have committed to more high-level and staff-level meetings, more accommodating timelines for communicating potential issues, greater participation in meetings and working groups, and new dispute resolution mechanisms.
All of this portends more change. Increased coordination between the FCC and NTIA is largely in anticipation of a long-awaited National Spectrum Strategy. The 2018 PM on Developing a Sustainable Spectrum Strategy for America’s Future issued by former President Donald Trump is technically still a controlling document, and no National Spectrum Strategy has been issued; but while the Administration may be taking its time, the eventual product is bound to bring sweeping change, addressing various spectrum management issues, and at least prompting, if not outright facilitating, the institution of a new spectrum “pipeline” to promote U.S. commercial wireless industry leadership in 5G, 6G, and beyond.
Expect the Administration to begin work on a National Spectrum Strategy soon, and expect it to address the perennial call of industry to wrest more spectrum from the government, as well as the kinds of spectrum-related disputes outlined above. The details remain to be seen, but we can be confident that spectrum stakeholders of all stripes will need to make their voices heard to help the FCC and NTIA right the ship and institute spectrum management principles that bolster innovation and empower people.
The views and opinions expressed in this blog post are those of the writer and do not necessarily reflect the views or positions of any entities they represent.