Join Partner Chip Yorkgitis and the Wireless Communications Alliance for a look at how the spectral landscape continues to evolve and what to expect in 2021. On January 26 at 7:00 pm EST (4:00 PST), this virtual event will feature deep dives on the key spectral allocations at 3, 6 and 60GHz, review anticipated changes
The FCC recently took a major step in promoting deployment of 5G networks in rural and hard-to-serve areas by adopting a Report and Order establishing the 5G Fund for Rural America (5G Fund) support program. The program, which is effectively the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund (RDOF), will offer up to $9 billion over ten years to support the deployment of mobile voice and 5G broadband in these areas. It replaces Phase II of the Mobility Fund, which the FCC mothballed in 2018 after questions arose about the accuracy of wireless coverage data reported by carriers, which was meant to determine which areas are eligible for funding. Half of the 5G Fund budget also comes from repurposing the $4.53 billion that the Commission had originally allotted for 4G LTE deployments under Mobility Fund Phase II. The 5G Fund auction may not occur until 2023 because the Commission opted to wait until it can collect new data on existing deployments to identify areas eligible for support. In the meantime, recipients of legacy mobile high-cost support will be required to start using those funds for 5G networks beginning in 2021.
Continue Reading FCC Creates Framework to Fund 5G Deployments in Rural Areas
The upcoming election will bring changes to the FCC, regardless of which party wins the White House. In this episode of Kelley Drye’s Full Spectrum, Partners John Heitmann and Steve Augustino are joined by Dana Wood, co-chair of Kelley Drye’s Government Relations and Public Policy (GRPP) practice, for a discussion of the potential organizational…
The FCC announced the agenda for its last Open Meeting before the upcoming 2020 general election, scheduled for October 27, 2020. The FCC first plans to respond to the remand from the U.S. Court of Appeals for the D.C. Circuit on its Restoring Internet Freedom Order. The Commission will address three issues sent back to the agency for further consideration and largely reiterate its original conclusions regarding the impact of its reforms on public safety, pole attachments, and the Lifeline program. The Commission also plans to finalize its proposed 5G Fund with a two-phase reverse auction to target support for the deployment of 5G networks in rural areas, establishing a ten-year support term and a $9 billion overall budget. The October meeting will also consider allowing unlicensed white space devices to operate on broadcast television channels, as well as streamlining the state and local approval processes for wireless tower modifications. Lastly, the FCC plans to eliminate certain unbundling and resale requirements for incumbent local exchange carriers.
Unlike most monthly Commission meetings, none of the items on the October agenda initiate new proceedings or propose new rules. Instead, the items focus on implementation of a number of policies prioritized under Chairman Pai. FCC regulatory activity will likely slow in the aftermath of the election. As a result, the October agenda may represent the FCC’s final push for any major reforms in the near-term. However, on October 15, Chairman Pai did announce his intention to move forward with a rulemaking to interpret the meaning of Section 230 of the Communications Decency Act. You will find more details on the significant October meeting items after the break:
Americans who lack high-speed broadband internet access are caught on the wrong side of the “Digital Divide,” with students facing a “homework gap” and adults, and even entire communities, facing an “opportunity gap” that impacts everything from jobs, education, and healthcare to sustainability and well-being. In this episode of Kelley Drye’s Legal Download,…
A draft Declaratory Ruling and Notice of Proposed Rulemaking (“NPRM”), if adopted, would clarify the agency’s 2014 rules governing the process state and local governments use to review deployments of new antenna and equipment on existing wireless infrastructure and seek comment on a related proposal concerning excavations for such expansions. The clarifications, which are meant to speed the deployment of 5G infrastructure, largely mirror those sought in a pair of petitions for declaratory ruling filed by the Wireless Infrastructure Association (“WIA”) and CTIA in the fall of 2019. Those petitions allege that despite the 2014 rules, states and localities continue to erect barriers that slow their ability to add new facilities to existing infrastructure. In comments on the petitions, states and localities contend that they are substantially complying with the rules and that any delays are caused by applicants or their contractors. However, the FCC apparently plans to move forward with adopting most, though not all, of the industry group clarification requests.
For those who have been following the FCC over the past three years under Chairman Pai’s leadership, the draft item builds on the agency’s multifaceted effort to pave a clear path for the private sector to deploy 5G technologies. Prior efforts include repurposing low-, mid-, and high-band spectrum for mobile wireless operations, reducing the circumstances under which wireless infrastructure deployments must undergo federal historic preservation and environmental reviews, and preempting states and localities from using review processes to slow the deployment of small cells.
The agency is set to vote on the item at its June 9, 2020, open meeting.
The FCC plans to focus on “bread and butter” issues of broadband deployment and expanding commercial spectrum use at its next meeting, scheduled for June 9, 2020. Specifically, the FCC anticipates adopting final auction procedures for Phase I of the Rural Digital Opportunity Fund (“RDOF”), which will provide up to $16 billion over 10 years to support broadband deployment in rural and other hard-to-serve areas. Rejecting calls for delay during the ongoing COVID-19 pandemic, the FCC would commence the auction on October 29, 2020. The FCC also would address bidding area, performance requirement, and letter of credit issues that drew heated debate at the rulemaking stage. In addition, the FCC anticipates seeking comment on rule changes to expand use of high-band spectrum in the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands (“70/80/90 GHz Bands”) to support wireless 5G backhaul and other services. The 70/80/90 GHz Bands proposal is just the latest in a slew of FCC actions designed to open up more spectrum for commercial use, and would seek input on technical and operational rules to avoid interference to incumbent operations. Rounding out the major June items, the FCC plans to clarify key timeframes and criteria for state and local reviews of requests to modify existing wireless infrastructure to remove purported barriers to network improvements.
Covering the gamut of network funding, spectrum resources, and construction, the June meeting items will impact nearly all providers of 5G and other next-generation technologies and deserve close attention. You will find more information on the significant June meeting items after the break:
The FCC plans to create a new “5G Fund” offering up to $9 billion over ten years to support the deployment of wireless broadband and voice services in rural and other hard-to-serve areas. Under a Notice of Proposed Rulemaking (“NPRM”) adopted at the FCC’s April meeting, the 5G Fund would operate as the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund (“RDOF”) approved earlier this year and replace Phase II of the Mobility Fund, which the FCC mothballed in 2018 after questions arose about reported coverage data. The NPRM proposes awarding funding through auction in two phases. Phase I would provide up to $8 billion in support, with $680 million reserved for deployments on Tribal lands. Phase II would provide up to $1 billion (plus any funding remaining after Phase I) for deployments for precision agriculture and particularly hard-to-serve areas like farms and ranches. The 5G Fund would exclude areas covered by the recently-approved T-Mobile/Sprint merger, which included a commitment to serve 90% of rural Americans within six years. The NPRM is just the first step towards launching the 5G Fund and presents an opportunity for all stakeholders to provide their input on the fundamental policies and procedures the will govern the new program.
Continue Reading FCC Proposes 5G Fund for Rural Wireless Networks, But Timing Remains Uncertain
As the flurry of coronavirus-related actions continues, the FCC plans to return to “bread and butter” policy areas of spectrum and rural 5G deployment at its next meeting scheduled for April 23, 2020. First, the FCC plans to move forward on its proposal to open up 6 GHz band spectrum (5.925-7.125 GHz) for unlicensed use by smartphones, IoT devices, and other technologies. The FCC would allow standard-power unlicensed operations in certain band segments, subject to controls designed to avoid interference with incumbent microwave, cable, and satellite operators. The FCC also would permit lower-power unlicensed operations across the entire band, but only for indoor uses. Second, the FCC would consider a Notice of Proposed Rulemaking to seek public input on a “5G Fund” offering up to $9 billion over ten years through an auction to support deployment of wireless broadband and voice services in rural and other hard-to-serve areas. The 5G Fund would represent the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund adopted earlier this year and replace Phase II of the Mobility Fund, which the FCC mothballed after questions arose about reported coverage data. Finally, the FCC would update its orbital debris mitigation requirements to mandate additional disclosures and incorporate new inter-agency standards.
Running the gamut from rural networks to outer space, the FCC’s April agenda will impact service providers across the industry. Consequently, stakeholders should closely examine the deployment and funding opportunities presented in the FCC’s proposals. You will find more information on the key April meeting items after the break:
On March 3, 2020, the Federal Communications Commission (“FCC” or “Commission”) released its Report and Order and Order of Proposed Modification (FCC 20-22) (respectively, the “C-Band Order” and the “Proposed License Modification”) realigning the 3.7-4.2 GHz Band in the contiguous United States and proposing to modify most of the satellite, earth station, and fixed service licenses in the Band. If one sorts out the significant deadlines established by the C-Band Order leading up to the target date for the auction of the 3700-3980 MHz range, namely December 8, 2020, and the transition of incumbent space station and earth station operations and fixed service stations which must be completed in the auction’s wake, the heavy lifting required before the auction proceeds is plain. In the attached advisory, these deadlines are discussed in some detail. Here, they are presented in abridged fashion.
For more information, register here for our April 2 C-Band Update webinar.