Present & Future Opportunities for WISPs to Obtain Access to Additional Spectrum

Present & Future Opportunities for WISPs to Obtain Access to Additional Spectrum

TV White Spaces Incentive Auction Incentive Auction process will determine how much unlicensed TV band spectrum will remain 2.4 GHz Proceeding (Globalstar) Interference and privatization 3.5 GHz Proceeding Restructuring (opportunity and danger) 5 GHz Proceeding Defense and offense 10 GHz Proceeding (Mimosa petition) On the horizon? 2.5 GHz Spectrum Opportunities 2

Incentive auction proceeding will... Allow TV stations to voluntarily sell spectrum at reverse auction Re- pack TV stations into lower frequency TV spectrum Designate cleared spectrum for forward auction to mobile broadband Pay the cost of re- packing (moving) broadcasters to new channels Fund a portion of FirstNet (if not funded from other spectrum) 3

Auction and re- packing will eliminate some white space spectrum Questions include: How much spectrum will be auctioned? What band plan will be selected? How much unlicensed fixed wireless broadband white space spectrum will remain? When will the uncertainty disappear? 4

How much spectrum will be auctioned? Depends on how many TV stations participate in the reverse auction Depends on whether the reverse auction price is met in the forward auction Depends on how much spectrum the FCC decides to auction Depends on how the FCC applies the market variation concept in different markets Could depend on pressure from Congress 5

What will the band plan look like? Most parties support some plan to auction ~84 MHz between Channels 38 and 51 (614-698 MHz) Issues remain concerning the guard bands and duplex gap (size, amount, occupancy, etc.) Market variation may be necessary in some large constrained markets, so a nationwide band plan may not be feasible Opens the door for FCC to auction all available spectrum in every market 6

How much white space will remain for fixed unlicensed? Will depend on band plan and amount of spectrum auctioned Will depend on extent to which FCC employs market variation Will depend on re- packing methods and outcome Will depend on FCC enforcement of LPTV rules 7

WISPA s Proposals Auction a uniform amount of paired spectrum nationwide between Channels 38 and 51, if feasible Auction no spectrum below Channel 37 Use market variation only where necessary in constrained markets Preserve a minimum of 36 MHz of contiguous unlicensed spectrum above Channel 20 Optimize the remaining unlicensed spectrum into contiguous blocks Eliminate the two current exclusive wireless mic channels 8

WISPA s Proposals (continued) Allow TV channel- sharing wherever feasible Enforce the LPTV rules regarding digital transition and going dark Allow use of Channel 37 where radio astronomy and WMTS can be protected Consider allowing fixed unlicensed use of 1 st adjacent channels when sufficiently distant from TV stations Allow unlicensed use of auctioned spectrum until auction winner deploys real- world system(s) Auction some spectrum in smaller geographic areas 9

When will the uncertainty disappear? FCC to resolve open issues and adopt rules for forward auction, re- packing and reverse auction Expecting FCC Orders as soon as March, but may not resolve all issues Will depend on continued vendor support Global market will remain, but U.S. market may be diminished FCC to develop and test auction software Auction scheduled for 2015 10

Globalstar has proposed rules that would combine the unlicensed 2473-2483.5 MHz band with its licensed 2483.5-2495 MHz MSS spectrum to create 22 megahertz Wi- Fi channel at Channel 14 Concerns about interference to Channel 11 Concerns about access to spectrum WISPA and Globalstar discussing testing Comments due May 5 11

In late 2012, FCC proposed a Citizens Broadband Service for 3550-3650 MHz band Linchpin is a three- tiered Spectrum Access System (SAS) Incumbent Access Navy radar systems and earth stations Priority Access licensed use, but protects incumbents General Authorized Access (GAA) unlicensed and opportunistic use Focus on small cells 12

In November 2013, FCC modified proposal with a Revised Framework Retains three- tiered approach governed by robust and dynamic SAS Licensing by census tract Reserves some spectrum for GAA use Limits on amount of Priority Access spectrum a licensee can have at any one time in a given area One- year license terms with no build- out requirements Ability to stack license terms Use it or share it for opportunistic use 13

WISPA s Proposals Generally supportive of Revised Framework Supports three- tiered SAS with dynamic frequency assignment functionality, not two- tiered model favored by mobile wireless carriers FCC should allow high- power use in rural census tracts alongside small cells Supports short license terms with reasonable aggregation and term limits, not command and control favored by mobile wireless carriers No build- out requirements to enable use it or share it 14

WISPA s Proposals (continued) Integrate 3650-3700 MHz band with certain safeguards Grandfathered Priority Access for incumbent licensees Reasonable transition period from manual ULS registration to device- enabled SAS registration Eliminate protocol restrictions that splits band Eliminate end- user registration requirement 15

Next Steps FCC staff drafting Further Notice of Proposed Rulemaking proposing actual rules More opportunity for public comment Occupancy and interference protection by NTIA, private industry and Department of Defense Ex parte process to unify positions, gain leverage and narrow differences 16

FCC considering rule changes to several sub- bands Band can be harmonized for 802.11ac Wi- Fi Four 160 MHz channels under harmonized rules Cisco and IEEE are leading proponents Can still be shared with higher power fixed unlicensed devices 17

Low hanging fruit coming in March? 5150-5250 MHz band (U- NII- 1) 5470-5725 MHz band (U- NII- 2C) Long- term issues 5350-5470 MHz band (U- NII- 2B) 5850-5925 MHz band (U- NII- 4) The big WISP issue 5725-5850 MHz band (U- NII- 3/ISM) 18

5150-5250 MHz band (U- NII- 1) Current licensed users aeronautical radionavigation and fixed satellite service Globalstar uses this spectrum for feeder links to MSS satellites Current unlicensed rules allow only indoor use 200 mw EIRP FCC proposing outdoor use under UNII- 2A or U- NII- 3 rules WISPA supporting outdoor operations under U- NII- 3 rules with protection zones for Globalstar earth stations, plus 23 dbi antenna gain for point- to- point Dueling interference reports from Globalstar and NCTA 19

5470-5725 MHz band (U- NII- 2C) FCC appears poised to re- open device certification process Devices likely to be subject to new certification procedures designed to ensure that they can better detect TDWR waveforms Devices likely to require more security features to prevent illegal modification FCC currently engaged with FAA and NTIA on interference mitigation proposal 20

5350-5470 MHz band (U- NII- 2B) Will require significant testing with federal systems to determine if sharing is possible 5850-5925 MHz band (U- NII- 4) Will require significant testing to determine if sharing is possible with Dedicated Short Range Communications licensees V2V and V2I communications 21

5725-5850 MHz (U- NII- 3) the Big WISP Issue FCC proposing to eliminate certification of devices allowing for unlimited gain antennas because devices are being illegally modified to operate in U- NII- 2C band and are interfering with TDWR FCC under political pressure from NTIA and FAA FCC discussions regarding TDWR interference mitigation may inform FCC decision 22

WISPA meeting with FCC and working with manufacturers and members to develop set of solutions some ideas: Mandatory database registration Tamper- proofing equipment (hardware and software) Notch filtering frequencies Disclosures and labelling Higher fines (now $25,000 minimum) WISPA staying close the FCC FAA/NTIA discussions Necessary for all to accept additional burdens if current rules are to be retained 23

In May 2013, Mimosa Networks filed Petition for Rulemaking to allocate 500 megahertz in the 10 GHz band for unlicensed use on a shared basis Useful for backhaul and point- to- point connections Proposes light- licensing regime similar to 3650-3700 MHz FCC may adopt Notice of Proposed Rulemaking in near future 24

Limited opportunities to obtain spectrum Sprint reluctant to divest of spectrum even in rural areas, but that could change over time Some opportunities to acquire lease rights directly from EBS licensees Market specific Necessary to research presence of existing lease rights, which is not always apparent from FCC database 25

Watch for listing of 100+ licenses in late March 26

? Steve Coran Lerman Senter PLLC scoran@lermansenter.com 202.416.6744 @stevecoran twitter 27