7/16 House Energy and Commerce Subcommittee Testimony

Regulatory/Legislative Filings
Architect of the Capitol
July 16, 2019

Michael Calabrese, the Director of the Wireless Future Project at New America's Open Technology Institute, testified at a House Energy and Commerce Communications and Technology Subcommittee hearing entitled, "Our Wireless Future: Building a Comprehensive Approach to Spectrum Policy." Calabrese's written testimony is available here, and his opening statement, summarizing his written testimony, is copy and pasted below:

Good morning Chairmen Pallone and Doyle, Ranking Members Walden and Latta, and members of the subcommittee. My name is Michael Calabrese. I direct the Wireless Future Project at New America’s Open Technology Institute.

There are two fundamental reasons we believe it’s critical to make substantially more mid-band spectrum available on a licensed, unlicensed and shared basis.

The First is that the most robust 5G wireless ecosystem will not be built out by mobile carriers alone on exclusively-licensed spectrum.

Like today’s 4G wireless ecosystem, America’s 5G Wireless Future will rely on carrier networks for mobile, ‘on the go’ use –- but also on many thousands of complementary, high-capacity Wi-Fi, private LTE, and other networks deployed by individual enterprises and households.

A second reason we need more unlicensed and shared mid-band spectrum is the critical need to assist rural and low-income communities that find themselves on the losing side of the digital divide.

At least 20 million Americans – including 1 in 4 rural residents – still lack access to basic broadband service.

More unlicensed and shared spectrum can serve as the public infrastructure that enables high-speed broadband in underserved areas at a fraction of the cost of trenching fiber.

One historic step in this direction is the new Citizens Broadband Radio Service.

By using dynamic database coordination, CBRS allows private operators to share this underutilized band with the military, fully protecting Navy radar from interference.

Immediately above the CBRS band is C-band.

We support the FCC’s proposal to combine clearing and sharing in C-band to achieve three vital public interest outcomes:

First, to reallocate and auction a large portion of the band for mobile 5G;

Second, to enable shared use of unused C-band spectrum for high-speed fixed wireless service in rural, small town, and other underserved areas; and

Third, to protect existing earth stations from harmful interference.

Consumer and taxpayer advocates remain concerned, however, that the FCC continues to consider proposals for a ‘private auction’ that would needlessly transfer $10 to $30 billion dollars or more to four foreign satellite companies that never paid for the public airwaves they use.

A private auction would violate Section 309(j) and willfully ignore Congressional intent and precedent.

When the TV bands at 700 and 600 MHz were consolidated for auctions that raised $20 billion each, Congress twice passed legislation ensuring that local TV stations would receive either no windfall or, at most, incentive payments limited by a competitive reverse auction.

Just as Congress in 2012 designated $7 billion to fund FirstNet, Congress should require a public auction and designate $10 billion or more to pay for rural broadband infrastructure.

The FCC should hold a traditional public auction that consolidates existing earth stations into the upper portion of the band and requires auction winners to reimburse incumbents for any reasonable costs.

Congress should also direct the FCC to authorize coordinated, shared access to unused spectrum across the entire C-band to support broadband buildout in rural and underserved areas.

Moving up in frequency, OTI commends the FCC for its pending proposal to open the 5.9 and 6 GHz bands to fuel Next Generation Wi-Fi.

Wi-Fi today makes broadband connectivity more available, productive, and affordable for all.

Next Gen Wi-Fi can likewise make 5G capabilities immediately available to all homes and businesses in rural, small town and exurban areas that may not see mobile carrier 5G for many years.

The FCC’s pending proposal for unlicensed sharing across the entire 6 GHz band – 1200 megahertz in total – deserves your full support.

The FCC’s proposed rulemaking has one critical shortcoming, however:

Consumer, rural and high-tech advocates have urged the Commission to authorize lower-power, indoor-only unlicensed use across the entire 1200 megahertz without the added cost of database coordination.

Finally, concerning 5.9 GHz, we encourage members to urge the FCC and DOT to move forward to determine a way consumers can benefit from both vehicle safety communications and Next Gen Wi-Fi.

Authorizing unlicensed use of the 5.9 GHz band is key to removing the roadblock to a Wi-Fi “Superhighway.”

The FCC should move forward and consider whether another band, such as the nearly vacant 4.9 GHz public safety band, could be equally or more useful for vehicle safety applications integrated with 5G networks.

Thank you.

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