Joint Comments Urging the FCC to Repurpose and Authorize Sharing in C-Band Spectrum for More Intensive Use

The Open Technology Institute (OTI) at New America and Public Knowledge (PK) submitted comments in response to the Notice of Inquiry (NOI) on the Upper C-band. Our groups urge the Federal Communications Commission (FCC) to propose changes that make all of the 3.98-4.2 GHz band available for more intensive licensed and shared use. The Commission can achieve this through a combination of consolidating incumbents to enable a new flexible use allocation in the lower portion of the band and by authorizing shared use by mobile, satellite, and/or fixed wireless services in the upper portion of the band. OTI also signed onto comments urging the Commission to include a Tribal Licensing Window in any reorganization of the Upper C-Band.

OTI and PK commend the Commission for requesting comment on “whether, and if so, how to introduce new operations in the Upper C-band” and on “other possible approaches, and the costs and benefits of such approaches," that we should consider in addition to those discussed in this NOI. Our groups urge the Commission to adopt changes that make all of the 3.98-4.2 GHz band available for more intensive licensed and shared use. The Commission can achieve this through a combination of consolidating Fixed Satellite Service (FSS) incumbents—enabling a new flexible use allocation in the lower portion of the band—and by authorizing shared use by mobile satellite and/or fixed wireless services in the upper portion of the band.

The pending merger of FSS incumbents SES and Intelsat, if approved, creates the opportunity for further consolidation of the band, potentially freeing up another substantial tranche of prime mid-band spectrum. However, while a similar consolidation could clear and repurpose a substantial portion of the band without displacing the incumbent FSS operators entirely (e.g., 100 megahertz), we believe that the diminishing demand for geostationary satellite (GSO) services as a conduit for broadcast, cable and other content that relies on C-Band justifies either a potential transition to new technologies that substitute for C-Band as a downlink for FSS or, at a minimum, additional allocations for coordinated shared use of the remaining FSS portion of the band.

During the original C-Band proceeding, our groups proposed that any portion of the band that remained allocated to FSS could be coordinated for sharing by fixed links—both point-to-point and point-to-multi-point (PtMP)—with no risk of harmful interference and tremendous benefits for broadband coverage and capacity in predominantly rural areas. The Commission deferred that opportunity, explaining that authorizing coordinated sharing on a secondary basis could “complicate the repacking and relocation of FSS operations.” Going forward, the proven effectiveness of database-assisted frequency coordination should allow the Commission to authorize fixed PtMP providers to coordinate shared use across the whatever portion of the band remains in use for FSS. With the benefit of a streamlined frequency coordination system, this approach can maximize the public interest benefits of the band, promoting enhanced rural connectivity while ensuring protection for incumbent FSS and adjacent band altimeters.

More recently, direct-to-device (D2D) connectivity by MSS operators has emerged as a major opportunity to facilitate seamless connectivity, innovation and competition that will benefit consumers and enterprises alike. Regardless of how much of the Upper C-Band can be repurposed for flexible use after the merger of SES and Intelsat, any remaining FSS portion of the band will be lightly used no matter how vital it is to its video programming and other customers. This creates a timely opportunity to add an allocation to the Mobile Satellite Service (MSS). We urge the Commission to consider adding a new MSS allocation in the Upper C-Band rather than waiting years to see if rulemakings on sharing the narrow and currently occupied MSS bands in the 2 GHz range can coordinate in additional operators.

We believe that now is the time to put the entire remainder of C-Band to work for improved connectivity, boosting capacity and competition among both terrestrial and non-terrestrial networks.