NTIA Offers Clarity on 37 GHz Band on Eve of FCC Vote

NTIA isn't backing down from asking the FCC to protect some DOD sites as the commission is poised Friday to adopt an order to partly free up the upper 37 GHz band for commercial wireless use including 5G. NTIA said in a letter to the FCC Thursday evening it should reject “pleas by potential bidders” to “effectively change the nature” of spectrum allocations in the upper 37 GHz band, following an auction. The letter said the Pentagon is willing to restrict requests to areas that can’t be accommodated in the lower 37 GHz band.

The draft order protects 14 DOD sites already identified, but also would potentially protect sites not yet identified, which may be needed in the future by DOD. That concerned the wireless industry, and could raise hackles among some FCC members, we reported earlier this week.

“The letter lays out a process for accommodating the military’s limited needs in this portion of the 37 GHz band, and warns that an overly restrictive coordination process could have an adverse effect on the development of new applications and next-generation technologies,” NTIA announced. NTIA said “to reduce uncertainty,” the FCC’s pending order should “clarify under what circumstances and processes” DOD and other federal users “may seek access through coordination, under the current allocations, to the Upper 37 GHz band in areas outside the sites listed in the Commission’s rules and adjustments.”

The letter clarifies that when the military seeks access to any new area, NTIA and FCC staff will review the request “to assess any potential impact” on commercial licensees, “contact the impacted licensees (and other parties in interest), and facilitate coordination as necessary.” If coordination is successful, "NTIA would provide any applicable military departments appropriate certifications of spectrum support along with any new or revised frequency assignments.” NTIA said federal spectrum requirements can’t be “accommodated solely through secondary market transitions with non-Federal licensees.”

The FCC didn't comment right away, and nor did CTIA.