FCC June 9 Meeting Tentatively Includes Wireless Infrastructure, High-Cost USF, ATSC 3.0

The FCC confirmed Monday that members' next meeting tentatively will include a vote on wireless infrastructure, as we reported last week. Other items potentially on tap for a June 9 vote are auction procedures for the $16.4 billion, 10-year high-cost USF; high-band spectrum action; and on ATSC 3.0.

"This latest attempt to modernize our wireless infrastructure rules will clarify the Commission’s interpretation of section 6409(a) of the Spectrum Act," Chairman Ajit Pai announced. That section says “a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.” Pai said, "We want to resolve uncertainty about section 6409(a) in order to expedite the process for state and local governments to review applications to deploy wireless infrastructure." CTIA and the Wireless Infrastructure Association petitioned the agency for that clarification. They didn't have immediate responses.

That the infrastructure item apparently is a declaratory ruling rather than an NPRM disappointed NATOA General Counsel Nancy Werner, she emailed us. "The industry petitions that prompted this action don’t provide any insight into the Commission’s thoughts on these issues, so we are left to guess how the rules might change," she said. "Given the tremendous burden local governments are under right now in dealing with the pandemic, it would be unfortunate for the Commission to add to the load by issuing a new declaratory ruling local governments will have to digest and implement."

"One key to unleashing 5G has been repurposing high-band, millimeter-wave frequencies," the chair noted. Pai's new plan would "explore innovative new uses of the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands," he said of the so-called 70/80/90 GHz bands. "We will be seeking comment on potential rule changes for commercial users to facilitate the provision of wireless backhaul for 5G, as well as the deployment of broadband services to aircraft and ships, in these bands. Because this is co-primary spectrum for federal and non-federal users, we will coordinate any proposed rule changes with affected agencies through" NTIA. The 70/80/90 item is an NPRM, a commission spokesperson told us.

The Phase I of Rural Digital Opportunity Fund auction procedures involve an Oct. 29 start that some sought to either delay or speed up. Another item that Commissioner Brendan Carr is involved in, in addition to the wireless siting action, is about ATSC 3.0 allowing "broadcast spectrum capacity to support 'Broadcast Internet' services," Pai wrote. The chair said commissioners will vote on a declaratory ruling, and comment would be sought.

The 3.0 declaratory ruling would say broadcast ownership attribution rules don't apply to stations banding together to lease their spectrum for the wireless uses enabled by the new standard. The item would include an NPRM seeking comment on other rules that could be streamlined to allow broadcasters to use their spectrum to meet wireless capacity needs.