FCC Appears Divided on Census Tract Licenses in CBRS Band

Any plan for the 3.5 GHz citizens broadband radio service band that doesn’t include census-tract-sized priority access licenses (PALs) likely faces a divided vote at the FCC. Commissioners indicated potential disagreements during a House Communications Subcommittee hearing Wednesday (see 1807250043). Chairman Ajit Pai said Commissioner Mike O’Rielly gave him analysis of proposed changes for rules for the band but no firm recommendations.

Rep. Mike Doyle, D-Pa., asked about the recent letter on the band by 182 fixed wireless providers (see 1807230046) and whether they would commit to census-tract licenses in the band. Pai said he couldn’t say more until he sees the final proposal from O’Rielly. “We don’t want to presuppose the result; we’re still studying the issue,” Pai said. Wave Wireless, a wireless ISP in Pai’s hometown of Parsons, Kansas, was among the 182 operators.

O’Rielly won’t commit to census tracts for any of the PALs. “I like that direct answer,” Doyle said. “I don’t agree with it.” O’Rielly also criticized census-tract advocates for not offering any compromise, while noting cable operators advocate county-size licenses.

Commissioner Jessica Rosenworcel indicated she wants some small licenses. “We’re going to need smaller license sizes if we want wireless providers to serve rural America with this band,” she said. Commissioner Brendan Carr said he has made no decision.

Under questioning from Rep. Gus Bilirakis, R-Fla., O’Rielly also said he was briefed Tuesday on the status of certification for the spectrum access system administrators and environmental sensing capability operators that are key to the band's operation. Work is lining up on both for them to be ready in Q1 of 2019 if not sooner, he said. Bilirakis said the FCC must make certain that military systems in the band are protected.

O’Rielly said part of the reason he opposes census-tract licenses is that the FCC isn’t capable with its current software of auctioning half a million PALs. People have sought an auction of the 24, 28, 37, 39 and 47 GHz bands “all at once,” he said. “We don’t have the capability to run all of those [auctions] at once.” The U.S. wants to lead the world on 5G, Rosenworcel said: “It’s a shame if our bureaucratic auction software doesn’t allow us to do that.” Pai favors upgrades to the software.

Wireless ISP Association President Claude Aiken told us it’s encouraging some commissioners have an open mind. “We appreciate the interest being shown by a growing number of members of Congress in keeping census-tract-sized licenses as part of a balanced solution that meets the needs of both urban 5G and those 14 million Americans with no G,” Aiken said. “Months of negotiations have produced a broad-based compromise that includes census-tract licenses and is supported by everyone but the mobile wireless industry, which continues to push its ‘us-only’ approach. That’s why it was disappointing to hear one commissioner dismiss our coalition’s sincere attempts at compromise, after we reluctantly accepted a reduction from seven census tracts nationwide to just two.” Aiken doesn't see the auction software as a stumbling block. “The commission typically auctions different-sized geographic areas in the same auction, and we don’t see how this should be any different,” he said.

“Small area licenses, preferably census tracts, are the best way to implement PALs for CBRS,” said Dynamic Spectrum Alliance President Kalpak Gude. “At a minimum, some census tracts PALs in each area will drive more deployment, more innovation, and be the best way to ensure American leadership in 5G.”

“Any policy reversal that moves from seven to zero census-tract-sized licenses would be a thinly veiled industrial policy aimed at reserving all the licensed CBRS spectrum for mobile carriers,” said Michael Calabrese, director of the Wireless Future Program at New America. “While this may give Verizon and AT&T a competitive advantage, it will undermine the goal of CBRS, which is to diversify 5G buildout and innovation by making interference-protected spectrum available to rural and fixed wireless ISPs, as well as to a myriad of other industries.”

“It is unfortunate that Commissioner O'Rielly remains stubbornly committed to command and control rather than flexible use,” said Public Knowledge Senior Vice President Harold Feld. “Innovation in wireless services requires innovation in the technical rules. Insisting on optimizing the rules for mobile carriers, essentially transforming CBRS into a ‘CMRS LTE Band,’ ensures that a wide variety of uses will remain unmet and that the United States will go from being a leader in wireless innovation to a follower.” Feld was more encouraged by the stance of the other commissioners: “Hopefully, a majority of the commission will insist on preserving at least some census-tract license areas to enable new business models and new applications.”

Brett Glass, owner of Wyoming WISP Lariat, tweeted in response to O’Rielly that WISPs see no compromise as possible. “It's life or death for us,” he said. “WISPs need #spectrum and cannot bid on huge areas.” CTIA didn’t comment.