FCC SHOULD ACT NOW ON LOWER 12 GHZ BAND TO HELP CLOSE THE DIGITAL DIVIDE AND ADVANCE U.S. WIRELESS LEADERSHIP

It has been over 500 days since the Federal Communications Commission (FCC) lost spectrum auction authority. With only a handful of legislative weeks remaining this year, the prospects for its renewal before 2025 appear rather bleak. The 12.2 – 12.7 GHz band (the lower 12 GHz band) offers a unique opportunity to unlock 500 MHz of spectrum without waiting for Congress to finally reauthorize the Commission’s lapsed authority. This opportunity is one that is too important to pass up and one that the Commission should seize upon.

The inaction on spectrum auction authority is especially vexing given the importance of spectrum allocations for advancing U.S. competitiveness globally and for enabling the deployment of new technologies, such as fixed wireless service—which has proven to be a valuable tool for helping to facilitate broadband access and injecting competition in certain markets.

Having served as an FCC Commissioner, I understand the agency’s limited options to make more spectrum available absent Congressional action on auction authority. Despite this challenge, there is a prime opportunity before the Commission in the pending lower 12 GHz proceeding that would enable more efficient use of spectrum even while Congress works to restore auction authority. The Commission should not wait to act on this proceeding and should move to adopt final rules to authorize the use of high-power two-way, fixed wireless service in the band. The Commission had already been long overdue in updating its nearly two-decade-old rules for the lower 12 GHz band, but the Congressional standstill on auction authority makes this need even more pressing.

Updating the lower 12 GHz rules would enable increased deployment of fixed wireless service, fostering greater connectivity across the country, especially in rural and tribal areas. This would come at a key time as states will soon start implementing their federal Broadband Equity, Access, and Deployment (BEAD) program funding allocations, with some states allowing for this funding to be used for fixed wireless deployments.

The lower 12 GHz band — which has different circumstances and is at a different stage of discussions than upper 12 GHz band — is ready for deployment, with no federal incumbents and few license holders, most of whom strongly support expanding flexible use. A robust record has been established before the Commission demonstrating that any potential harmful interference can be mitigated or managed as necessary. Similarly, lower 12 GHz flexible use proponents agree its use would not interfere with upper 12 GHz services. The band can and should be shared.  

Given current constraints within spectrum policy, the lower 12 GHz band represents a real option and perhaps the only way to bring forward additional capacity for fixed wireless services in the near term. The FCC would be wise to take advantage of this opportunity for consumers. 

MPORielly Consulting Inc.

mike@mporinc.com

(202) 412-3892