United States:
What’s New In 5G – August 2021
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The next-generation of wireless technologies – known as 5G
– is here. Not only is it expected to offer network
speeds that are up to 100 times faster than 4G LTE and reduce
latency to nearly zero, it will allow networks to handle 100 times
the number of connected devices, revolutionizing business and
consumer connectivity and enabling the “Internet of
Things.” Leading policymakers – federal regulators
and legislators – are making it a top priority to ensure that
the wireless industry has the tools it needs to maintain U.S.
leadership in commercial 5G deployments. This blog provides
monthly updates on FCC actions and Congressional efforts to win the
race to 5G.
Regulatory Actions and Initiatives
Mid-Band Spectrum
- The FCC accepts additional applications by, and grants
additional waivers to, Tribal entities for spectrum in the 2.5 GHz
band.- On July 20, 2021, the FCC’s Wireless Telecommunications
Bureau (“WTB”) released a Public Notice announcing that an
additional six applications filed in the Rural Tribal Priority
Window for licenses in the 2.5 GHz band have been accepted for
filing. The list of applications sorted by file number is
available here, and the list of the same applications
sorted by applicant name is available here. Interested parties may petition to
deny the applications by August 19, 2021. - On July 26, 2021, the WTB released an Order granting a waiver request submitted
by Blue Lake Rancheria regarding the definition of eligible Tribal
lands for purposes of the 2.5 GHz Rural Tribal Priority Window.
Grant of the waiver will allow the Tribe to provide service
on certain lands contiguous to its reservation that are held in
trust for the Tribe and one area of non-Tribally owned land.
In addition, the WTB released an Order granting a waiver to the Torres
Martinez Desert Cahuilla Indians for non-Tribal land adjacent to
its reservation on the northwest edge of the Salton Sea in Thermal,
California.
- On July 20, 2021, the FCC’s Wireless Telecommunications
- The FCC provides additional guidance as it prepares for its
next auction of mid-band spectrum in the 3.45 GHz band.- On July 20, 2021, the FCC released a Public Notice with additional guidance on
its rule prohibiting certain communications for its upcoming
auction of spectrum in the 3.45-3.55 GHz (“3.45 GHz”)
band. It suggests that the National Telecommunications and
Information Administration (“NTIA”) and the Department of
Defense (“DoD”) (which is the existing user of the
spectrum) may continue to communicate with all parties regarding
uniformly applicable coordination requirements. However, the
Public Notice observes that applicants must exercise caution in
communicating non-public information to, or receiving non-public
information from, NTIA and DoD to ensure against violation of the
prohibited communication rules.
- On July 20, 2021, the FCC released a Public Notice with additional guidance on
- The FCC grants additional applications to use mid-band spectrum
in the 3.5 GHz band for commercial wireless services and waives
certain requirements for the National Football League.- On July 9, 2021, the WTB released an Order granting a request by the National
Football League (“NFL”) for a waiver of the FCC’s
rule that otherwise requires that commercial wireless services in
the 3.5 GHz band – known as the Citizens Broadband Radio
Service (“CBRS”) – be coordinated and authorized
through a Spectrum Access System (“SAS”). The Order
grants a waiver for coach-to-coach communications in the event of a
localized Internet outage throughout the 2021-22 NFL season,
subject to certain conditions. And operations are only
permitted in the General Authorized Access section of the 3.5 GHz
band, which means there will be no impact on Federal or licensed
operations in the band. - On July 12, 2021, the WTB released a Public Notice announcing the grant of an
additional two applications for licenses in the 3.5
GHz band – one filed by Simple Wireless LLC and the other
filed by White Cloud Communications.
- On July 9, 2021, the WTB released an Order granting a request by the National
- The FCC grants licenses for C-band spectrum and continues to
address relocation issues as it transitions the spectrum from
satellite services to commercial 5G services.- On July 23, 2021, the FCC’s WTB released a Public Notice granting applications for
licenses in the 3.7-4.2 GHz band, or C-band. The list of
applications granted by applicant name is available here, and the list of applications granted by
market is available here.- According to the FCC’s News Release, grant of the licenses “keeps
the transition of this band to flexible use on track, paving the
way for carriers to use this spectrum to provide 5G and other
advanced wireless service,” and Acting Chairwoman Rosenworcel
noted that “[w]ith these licenses in hand, more carriers can
deploy mid-band 5G, which means faster speeds over much wider
coverage areas and more robust competition.” - FCC Commissioner Carr separately released a statement on the grant of licenses, noting
that “[t]he Commission’s 2020 decision to free up 280
megahertz of prime, mid-band spectrum notched an important win for
U.S. leadership in 5G,” but also suggested that “we must
do more than implement the tough spectrum decisions the FCC made
over the last few years if we are going to extend U.S. leadership
in 5G” and should “move forward with a number of new
spectrum proceedings too.”
- According to the FCC’s News Release, grant of the licenses “keeps
- The FCC also released an Order denying petitions filed by DISH
urging the FCC to deny the applications of T-Mobile and Verizon for
C-band licenses because, according to DISH, granting the licenses
would cause T-Mobile and Verizon to exceed the FCC’s spectrum
aggregation screen in certain markets. The FCC found that
grant of the licenses to T-Mobile and Verizon “will facilitate
access to spectrum in a manner that promotes
competition.” - Finally, the FCC released a Public Notice providing notice to certain
C-band earth station operators identified by the relocation
coordinator RSM US LLP (“RSM”) as no longer receiving
service from a C-band satellite (but still listed as active in the
FCC’s database) that they have until October 21, 2021, to
notify the FCC whether they are active and intend to participate in
the C-band transition. Those that do not will have their
authorizations automatically terminated and removed from the
incumbent earth station list. The list of affected earth
stations is available here.
- On July 23, 2021, the FCC’s WTB released a Public Notice granting applications for
5G Networks and Infrastructure
- The FCC holds an Open RAN Solutions Showcase.
- On July 14 and July 15, 2021, the FCC conducted an Open RAN
Solutions Showcase. The agenda is available here and included “presentations from
over 30 vendors whose interoperable, open interface,
standards-based 5G network equipment and services will be ready and
available for purchase and installation by January 1, 2022, if not
sooner.” - At the Showcase, Acting Chairwoman Rosenworcel announced that the FCC will help spur the
development and deployment of Open RAN technology by establishing
innovation zones and research testbeds for 5G and Open RAN. A
draft of the Public Notice that would establish these
innovation zones in Raleigh, North Carolina, and Boston,
Massachusetts, was released on July 14, 2021. According to
the FCC’s News Release, “[i]f approved by a vote of
the full Commission at its August 5 Open Meeting, this proposal
will allow Raleigh and Boston to join New York City and Salt Lake
City at the forefront of wireless technology innovation.” - Commissioner Simington’s statement at the Showcase indicated that
he believes that “ORAN holds forth the promise of more secure
networks” and “as we are poised to transition many
critical services to 5G networks, we must reduce every threat to
wireless networks that we can.”
- On July 14 and July 15, 2021, the FCC conducted an Open RAN
- The FCC revises its rules for securing 5G communications
networks.- On July 13, 2021, the FCC adopted an Order revising its rules for the program
it established pursuant to the Secure and Trusted Communications
Networks Act to reimburse providers of advanced communications
services for the costs incurred to remove, replace, and dispose of
equipment and services that pose a national security risk.
The Order implements changes included in the Consolidation
Appropriations Act of 2021 by, among other things, increasing the
eligibility cap for entities participating in the reimbursement
program from those serving two million or fewer customers to those
with ten million or fewer customers, establishing a prioritization
scheme for funding, and clarifying other aspects of the
program. According to the FCC’s News Release, the Order “is another step
in ongoing FCC action to protect the communications networks from
those who would harm the United States.” - During the FCC’s open meeting and her remarks at the Open
RAN Showcase (see above), Acting Chairwoman Rosenworcel announced
that the FCC is targeting October 29, 2021, as the date for opening
the filing window for the reimbursement program and suggested that
Open RAN could be a helpful solution for communications networks
going forward.
- On July 13, 2021, the FCC adopted an Order revising its rules for the program
Legislative Efforts
- The House passes a bill that would direct NTIA to take certain
actions to promote U.S. representation and leadership in
communications standards-setting bodies.- On July 20, 2021, the House passed the Promoting United States Wireless Leadership Act of
2021. The bill, introduced by Representatives Walberg,
Dingell, Johnson, Kuster, and Cline, would direct NTIA to encourage
American companies and relevant stakeholders to participate in
standards-setting bodies, like the International Organization for
Standardization and the 3rd Generation Partnership Project
(3GPP). It would also provide technical assistance to
companies and stakeholders that elect to participate in developing
standards for 5G networks.
- On July 20, 2021, the House passed the Promoting United States Wireless Leadership Act of
- The House Energy and Commerce Committee reports a bill that
would close the loophole that currently allows carriers to use
private funds to purchase and use equipment that pose a national
security risk.- On July 21, 2021, the House Energy and Commerce Committee
favorably reported the Secure Equipment Act of 2021, which would
require the FCC to initiate a rulemaking proceeding to update its
equipment authorization procedures. Specifically, the bill
would require the FCC to clarify that it will no longer approve
equipment authorization applications for equipment produced by
Huawei, ZTE, or other entities that pose an unacceptable risk to
national security, even if the equipment was purchased
by private funds. FCC Commissioner
Carr applauded the action, stating that the
bill “would help ensure that insecure gear from companies like
Huawei, ZTE, and others can no longer be inserted into
America’s communications infrastructure.” The
companion bill was introduced in the Senate in May
2021.
- On July 21, 2021, the House Energy and Commerce Committee
- The House Energy and Commerce Committee reports a bill that
would require NTIA to discuss the benefits of Open RAN with small
providers.- On July 21, 2021, the House Energy and Commerce Committee
favorably reported the Open RAN Outreach Act, which would require
NTIA to conduct outreach and provide technical assistance to small
communications network providers to raise awareness about the
benefits of Open RAN networks and other open network
architectures.
- On July 21, 2021, the House Energy and Commerce Committee
- The House Energy and Commerce Committee reports a bill that
would require the FCC to begin planning for the next generation of
wireless networks – 6G.- On July 21, 2021, the House Energy and Commerce Committee
favorably reported the Future Uses of Technology Upholding Reliable and
Enhanced (FUTURE) Networks Act. If enacted, the bill
would direct the FCC to establish a 6G Task Force. The Task
Force would be required to publish a report on the status of 6G
standards setting, the supply chain and cybersecurity limitations
of 6G, and how to best work with Federal, State, local, and Tribal
governments to leverage 6G, including with respect to siting and
deployment.
- On July 21, 2021, the House Energy and Commerce Committee
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