1/2 Joint Comments to NTIA on Implementation of the National Spectrum Strategy

These comments were covered by Communications Daily. For more background, see also the comments that the Wireless Future Project at New America's Open Technology Institute and Public Knowledge submitted to the NTIA on behalf of the Public Interest Spectrum Coalition in April 2023.

OTI, Public Knowledge and the Schools Health Libraries Broadband (SHLB) Coalition filed comments in support of the in-depth study of the five specific bands identified in the NSS, which represent the potential to open an additional 2,790 megahertz for more intensive and productive shared Federal and non-Federal use. Our primary recommendation is that NTIA prioritize and fast track three of these bands (or sub-bands) for shared Federal and non-Federal use in a far shorter period than the two years the Strategy deems necessary for its study overall. Among the five bands, three stand out due to pending FCC proceedings or already-completed Federal studies that we believe should allow NTIA . . . to more quickly make these underutilized bands widely available for commercial use.

Our groups urge NTIA to adopt a timeline with a goal of a consensus on a sharing framework for these three fast track bands before the end of 2024. The three frequency bands that can be fast-tracked are:

1. Lower 7 GHz Band (7125-7250 MHz) for Low-Power, Indoor-Only Use: A balanced spectrum policy needs to both anticipate the rapidly expanding need by all Americans for more unlicensed spectrum and recognize that this is most valuable for consumers and the economy as very wide channels contiguous to existing unlicensed bands in the 6 and lower 7 GHz range. Wi-Fi is the workhorse of the Internet and a vital input to virtually all business and personal productivity.
   
   We therefore propose that the 7125-7250 MHz band be placed on a separate fast track with a goal of enabling the FCC to adopt a NPRM before then end of 2024. The Federal fixed-link incumbents in this band segment will have exactly the same protection from LPI use as do commercial fixed links in the U-NII-5/7 band segments. No AFC coordination is needed since all use would be restricted to low-power and the indoor-only form factor restrictions the FCC requires for LPI operation in the band just below (e.g., plug-in power only, no weatherization, no external antenna).
   
2. Lower 37 GHz Band (37-37.6 GHz) for Coordinated Federal/Non-Federal Sharing: The lower 37 GHz band represents another clear opportunity to fast track spectrum . . . for shared Federal and non-Federal use available under what the Strategy described as a “co-equal, shared-use framework.”
   
   We therefore propose that the 37-37.5 GHz band be placed on a separate fast track with a goal of enabling the FCC to adopt an Order adopting a sharing framework before the end of 2024. With respect to timeline, we propose that the Implementation Plan designate a maximum of three months to consult with Federal agencies with operations in this band segment, followed by a maximum of three months to consult with the FCC on the technical rules and coordination mechanism (e.g., the certification of an automated frequency coordination system).
   
3. Lower 3 GHz Band (3100-3450 MHz) for Coordinated Federal/Non-Federal Sharing: In our initial comments on the NSS, PISC noted that adapting the three-tier CBRS framework and Spectrum Access Systems already operating without interference to U.S. Navy operations is likely the most expeditious and productive way to make Federal radar and other bands below 3450 MHz available for 5G-capable networks and services for a very diverse range of users. The DOD has concluded the band cannot be cleared for high-power and wide-area exclusive licensing, but could be identified for localized, low-power use on a coordinated shared basis.
   
   We therefore propose that developing a coordination framework for sharing in the 3100-3450 MHz band should be fast tracked in a process separate from the broader study of whether Federal systems can be relocated or consolidated across bands. Although the EMBRSs findings are not public, it seems very likely that most if not all of the 3100-3450 MHz band cannot be cleared for exclusive licensing, but can accommodate at least low-power and coordinated sharing under a framework similar to CBRS. Accordingly, OTI, PK & SHLB urge NTIA to move forward on a separate track to determine a workable coordination framework for coexistence and sharing between DoD operations and low-power, shared commercial use. There is no need to wait for an overall study of the potential interplay with other bands.

Bi-Directional Sharing by Federal Agencies: In parallel with the studies, consultations and decisions concerning the five bands targeted by the strategy, our groups encourage the NTIA and FCC to collaborate on a joint policy that authorizes bidirectional sharing of any licensed or unlicensed commercial spectrum band by Federal users on at least an opportunistic basis.