What’s New In 5G – August 2021 – Media, Telecoms, IT, Leisure

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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.
• 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.
• 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.
• 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.”
  • 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.

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.”
• 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.

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.
• 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.
• 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. 
• 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.

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