What’s New in 5G – November 2021

The subsequent-technology of wi-fi applied sciences – often called 5G – is predicted to revolutionize enterprise and shopper connectivity, providing community speeds which can be as much as 100 occasions quicker than 4G LTE, decreasing latency to almost zero, and permitting networks to deal with 100 occasions the variety of related gadgets, enabling the “Internet of Things.”  Main policymakers – federal regulators and legislators – are making it a high precedence to make sure that the wi-fi business has the instruments it wants to take care of U.S. management in industrial 5G deployments.  This weblog gives month-to-month updates on FCC actions and Congressional efforts to win the race to 5G.

Regulatory Actions and Initiatives

Mid-Band Spectrum

  • The FCC helps Tribal entry to mid-band spectrum in the two.5 GHz band.

    • On October 14, 2021, the FCC’s Wi-fi Telecommunications Bureau (“WTB”) launched an Order granting a waiver request submitted by the Nebraska Indian Neighborhood School (“NICC”) concerning the definition of eligible Tribal lands for functions of the two.5 GHz Rural Tribal Precedence Window.  Grant of the waiver will enable NICC to supply service to parts of Cuming and Burt counties in Nebraska which can be adjoining to the Omaha Reservation and permit it to cowl the whole Bancroft-Rosalie Faculty District.

    • As well as, on October 29, 2021, the FCC issued a News Release asserting that the WTB granted 20 further 2.5 GHz spectrum licenses to serve Alaskan Native communities.  It notes that 292 Rural Tribal Precedence Window purposes have been granted, together with 99 purposes in Alaska.

  • Bidding in the public sale of mid-band spectrum in the three.45 GHz band continues.

    • The FCC’s public sale of mid-band spectrum in the three.45 GHz band started on October 5, 2021.  As of November 3, 2021, the public sale has raised greater than $21.5 billion in gross proceeds, satisfying the FCC’s reserve value and making it the third largest spectrum public sale in phrases of gross proceeds. 

  • The FCC continues to transition mid-band spectrum in the C-band for industrial wi-fi providers.

    • On October 8, 2021, the FCC’s Worldwide Bureau launched a Public Notice to amend the attachment to its Public Notice launched on September 15, 2021, which included an up to date record of incumbent C-band earth stations transitioning from the band because the record was final launched on June 22, 2021.  The revised attachment, which features a revised Changelog towards the June 22 record and a Changelog towards the September 15 record, was revised to appropriate information-entry errors – no substantive modifications have been made, and no new entities have been added.

    • As well as, in response to modifications to sure incumbent satellite tv for pc operators’ Part I clearing certifications, the WTB launched a number of Public Notices looking for touch upon the identical.  Satellite tv for pc operators in the C-band are required to certify that they’ve cleared the decrease 120 megahertz of the C-band in the highest 46 Partial Financial Areas by December 5, 2021, and all 5 incumbent satellite tv for pc operators filed their certifications in October. 

      • Intelsat subsequently filed an modification to its certification, and Telesat filed two errata.  On October 19, 2021, the WTB launched a Public Notice asserting the problem deadlines for Intelsat’s modification and Telesat’s first erratum, with challenges and replies due October 29 and November 5, respectively.  On October 21, 2021, the WTB launched a Public Notice on the second erratum to Telesat’s C-band Part I certification, asserting that challenges are due November 1, and replies are due November 8.

      • SES additionally filed an modification to its C-band certification.  And, on October 27, 2021, the WTB launched a Public Notice on SES’s modification, asserting that challenges are due November 8 and replies are due November 16.

    • On October 27, 2021, the WTB launched an Order validating the Part I Certification filed by Eutelsat, making it now entitled to a Part I Accelerated Relocation Cost (“ARP”) of $124,817,000.  New terrestrial C-band licensees will likely be required to pay their portion of the related Part I ARP to the Clearinghouse inside 60 days of receiving discover from the Clearinghouse, and the Clearinghouse should then disburse the ARP to Eutelsat inside seven days of receiving the fee from the licensees. 

  • The FCC stabilizes the 4.9 GHz band because it considers whether or not and the right way to make it out there for non-public security makes use of, together with 5G providers.

    • On October 21, 2021, the FCC’s WTB and Public Security and Homeland Safety Bureau (“PSHSB”) launched a Public Notice introduced a brief freeze on the acceptance and processing of sure purposes to be used of spectrum in the 4940-4990 MHz (“4.9 GHz”) band.  The aim of the freeze is to take care of a steady spectral surroundings in the 4.9 GHz band whereas the Fee considers modifications to the foundations governing in the band, together with, as we beforehand reported, methods to encourage public security use of 5G providers and applied sciences and alternatives for industrial entities to make use of the spectrum. 

    • As well as, the Order on Reconsideration and Eighth Further Notice looking for touch upon future use of the 4.9 GHz band was revealed in the Federal Register on October 29, 2021, making feedback and replies due November 29 and December 28, respectively.  The WTB and PSHSB subsequently launched a Public Notice asserting these remark deadlines.

Excessive-Band Spectrum

  • The FCC seeks to refresh the file on potential use of sure excessive-band spectrum for cell broadband and wi-fi providers.

    • On October 8, 2021, the FCC’s WTB launched a Public Notice looking for to refresh the file in an open continuing on guaranteeing excessive-band, or millimeter wave, spectrum in the 70/80/90 GHz bands out there for industrial wi-fi providers, together with broadband Web entry to customers and communities that will in any other case lack sturdy, constant connectivity.  It additionally seeks further info on potential use of those bands for broadband Web entry on airplanes and aboard ships.  The deadlines for submitting feedback and reply feedback in response to the Public Discover are December 2, 2021, and January 3, 2022, respectively. 

Different Spectrum

  • FCC Chairwoman units forth 5 objectives to assist 5G and contemplates 6G going ahead.

    • On October 12, 2021, FCC Appearing Chairwoman Jessica Rosenworcel made remarks on the tenth Americas Spectrum Administration Convention.  She expressed the necessity to “reinvigorate[e] the momentum toward 5G,” together with by (i) releasing up extra spectrum, particularly mid-band spectrum for 5G; (ii) increasing the attain of fiber services; (iii) diversifying gear for 5G networks; (iv) constructing safety and resiliency in our provide chains; and (v) working with allies and multinational establishments on setting expertise requirements for the longer term.  She additionally expressed the will to pave the best way for 6G and past.

  • NTIA gives an evaluation on the feedback it obtained on its 5G Problem Discover of Inquiry.

    • On October 22, 2021, NTIA launched a blog post asserting that it analyzed the 51 responses it obtained on the 5G Problem Discover of Inquiry it launched earlier this yr, which requested info on the right way to use Prize Challenges to speed up the event of the open 5G ecosystem and assist Division of Protection (“DoD”) missions.  The weblog put up notes that the evaluation, out there here, will “inform future collaborations between DoD and NTIA, including the potential of an initial 5G Challenge in 2022.”

5G Networks and Infrastructure

  • The FCC and NTIA take a number of actions as they transfer nearer to securing the Nation’s 5G networks.

    • On October 12, 2021, NTIA launched a blog post asserting the launch of a Communications Provide Chain Danger Info Partnership (“C-SCRIP”) info-sharing program.  It should present updates on occasions, bulletins, and funding alternatives associated to produce chain safety.  And the primary of those updates will embody info on the FCC’s reimbursement program established pursuant to the Safe and Trusted Communications Networks Act of 2019 (“Reimbursement Program”). 

    • On October 6, 2021, the FCC’s Wireline Competitors Bureau (“WCB”) launched a Public Notice asserting that sure guidelines requiring Paperwork Discount Act evaluation, together with the FCC Type 5640 to take part in the Reimbursement Program and recordkeeping necessities, have been permitted by the Workplace of Administration and Finances. 

    • On October 19, 2021, the FCC issued a News Release asserting that FCC Commissioner Carr has referred to as for commencing the method of including DJI – a Shenzhen-based mostly drone firm that accounts for greater than 50 % of the U.S. drone market – to the FCC’s Lined Record, which might imply that entities couldn’t use federal Common Service Fund {dollars} to buy gear from DJI.

    • On October 20, 2021, the WCB launched a Public Notice asserting the supply of a consumer information for the FCC Type 5640 to take part in the Reimbursement Program.  The consumer information, out there here, gives step-by-step directions for navigating the web submitting portal and finishing the applying.  The WCB individually made out there on the FCC’s Supply Chain Webpage, the Excel batch add templates to help candidates with finishing the situation and gear parts of the FCC Type 5640.  Lastly, the WCB revealed an up to date model of the Incessantly Requested Questions (FAQs), out there here, to mirror further questions obtained.

    • In response to an Software for Evaluate submitted by Cincinnati Bell, Inc. concerning whether or not sure buyer premises gear (“CPE”) – particularly premises gateway gadgets – produced or offered by Huawei and ZTE are eligible for the Reimbursement Program, the FCC launched an Order on October 28, 2021, clarifying that “[c]osts associated with the removal, replacement, and disposal of covered Huawei and ZTE CPE, where essential to the provision of advanced communications service,” could also be eligible for reimbursement.  Such Huawei and ZTE CPE might embody “network gateway devices with wireless (Wi-Fi) capabilities to the extent such equipment is owned, rented, leased, or otherwise obtained by the provider of advanced communications service on or before June 30, 2020.”  

    • On October 29, 2021, the FCC issued a News Release asserting the opening of the applying submitting window for the Reimbursement Program.  The appliance submitting portal is on the market here, and the applying submitting window will shut on January 14, 2022 at 11:59 PM ET. 

Legislative Efforts

  • The Home Subcommittee on Communications and Expertise holds a markup part on a key spectrum invoice.

    • On November 3, 2021, the Home Subcommittee on Communications and Expertise of the Vitality and Commerce Committee held a markup session of the Spectrum Coordination Act.  If enacted, the invoice would require NTIA and the FCC to replace the Memorandum of Understanding on Spectrum Coordination no later than December 31, 2022.

  • Each the Senate and Home move a invoice that may shut the loophole that at present permits carriers to make use of personal funds to buy and use gear that poses a nationwide safety danger.

    • On October 28, 2021, the Senate handed the Secure Equipment Act of 2021, which, if enacted, would require the FCC to provoke a rulemaking continuing to replace its gear authorization procedures.  Particularly, the invoice would require the FCC to make clear that it’ll now not approve gear authorization purposes for gear produced by Huawei, ZTE, or different entities that poses an unacceptable danger to nationwide safety, even when the gear was bought by personal funds.  The Home handed the invoice a couple of days earlier on October 20, 2021.  

      • FCC Commissioner Simington applauded the Senate’s passage of the invoice, commenting that “[o]nce signed, this important legislation will give the FCC crucial authority to protect American networks from untrustworthy equipment that can serve as footholds for China and other foreign powers to infiltrate U.S. telecommunications networks and threaten our national security” and urging the FCC to “continue to engage with industry and other parts of government to identify and eliminate weaknesses that can be exploited by our adversaries.” 

      • Equally, after the Home handed the invoice, FCC Commissioner Carr stated that the “bipartisan Secure Equipment Act would close a glaring loophole that Huawei and others are exploiting today to place their insecure gear into our networks.”  

  • The Senate introduces a invoice that may set up a council to advise Congress on creating a nationwide technique for 6G. 

    • Senator Cortez Masto launched the Next Generation Telecommunications Act on October 20, 2021.  The invoice would set up a Subsequent Era Telecommunications Council (“Council”) comprised of leaders from the Commerce Division, NIST, the FCC, the Nationwide Science Basis, and members of Congress, amongst others, and the Council would assist set up a nationwide 6G technique.  Particularly, the Council could be required to develop and undergo Congress suggestions for the way the Federal authorities can assist the event and adoption of 6G, 6G requirements growth, and worldwide cooperation with respect to 6G.  As well as, the Council could be required to think about entry to spectrum assets to assist 6G, 6G provide chain resiliency, the Federal authorities’s function because the regulator of spectrum, and 6G workforce wants.

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