FCC Pursuing 3.5 GHz Band Rules Changes, O'Rielly Says
FCC Commissioner Mike O'Rielly said Chairman Ajit Pai put him in charge of a review and restructure of the 3.5 GHz shared band plan, with the aim of getting a workable band plan in place before making available nearby spectrum such as 3.6 GHz and 4.2 GHz. O'Rielly said the 3.5 GHz band rules need an overhaul (see 1703070018). The 3.6 GHz and 4.2 GHz spectrum "is a high priority" once the 3.5 GHz band rules are changed, O'Rielly told an International Wireless Industry Consortium meeting Thursday. Asked about the risks of a "land grab" in the 3.5 GHz spectrum by major carriers, O'Rielly said the bigger problem is the dysfunctional licensing regime. "You don't want a land grab, but you also don't want nobody entering," he said.
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While China is aggressively pursuing a 3.5 GHz strategy for 5G, one big challenge for the U.S. is military use of spectrum, with the federal government holding or having co-primary status for 70 percent of the nation's spectrum and a lot of bands, O'Rielly said: "Other countries don't have the same problems because they don't have our military." There are satellite operations in the 3.6 GHz-4.2 GHz spectrum, but those incumbents can be dealt with, he said.
Whether the FCC extends the same three-tier access structure it uses with the 3.5 GHz spectrum to spectrum used to augment the 3.5 GHz band remains to be seen, he said. He said the 3.5 GHz tiered sharing regime "may be a huge hit -- it hasn't been as yet." Incorporating any adjacent bands remains a long way off, he said.
O'Rielly said of the numerous other bands being looked at by the Commerce Department for 5G use -- such as 1300-1390 MHz, 2700-2900 MHz and 2900-3100 MHz -- and in the Mobile Now bill -- such as 3100-3550 MHz and 3700-4200 MHz -- some will drop off the list because of propagation issues.
The FCC could take up pursuing new rules on 5G small-cell siting this year, O'Rielly said. He said many barriers to entry and siting come from state and local and tribal governments, and the agency is trying to figure out how it can use its authority to address sometimes "outrageous" permitting processes or bodies charging the same fees for permitting micro cells as they do full towers. He said that may mean the FCC pre-empts "certain communities that are bad actors," though he said such challenges to local regulators could be lengthy and involve sizable litigation costs.
The commissioner said he expects Pai to reopen the FCC's net neutrality rules "in the near future," with that likely sparking a discussion in Congress on what or if some policy should be enacted regarding those rules. He said personally he has "big problems" with banning paid prioritization and hopes to see that part of those discussions.