Ending the Inquiry into Adding High-Power Terrestrial Mobile Operations in the 12.2 GHz Band (12.2 GHz Report and Order)

The U.S. frequency allocation table allocates the 12.2 GHz band on a co-primary basis for direct broadcast satellite (DBS) service, fixed-satellite service limited to non-geostationary orbit systems (NGSO FSS), and fixed service limited to multichannel video distribution and data service (MVDDS). NGSO FSS and MVDDS operate on a non-harmful interference basis to DBS. In 2016, MVDDS incumbents requested permission to use the 12.2 GHz band for high-power mobile broadband provision.

Authorizing two-way terrestrial 5G service in the 12.2 GHz band was not in the public interest, the FCC concluded, given harmful interference risk to incumbent satellite users. Despite 5G proponents’ efforts to demonstrate that 5G could coexist with DBS and NGSO FSS, the FCC did not bite. Regulators found that a nationwide terrestrial mobile service band would significantly increase the risk of harmful interference to DBS and NGSO FSS operations. In particular, 5G operators could not (1) meet power limits to protect DBS operations or (2) protect NGSO FSS operations through geographic separation. The FCC appeared particularly sensitive to preserving existing DBS subscribers’ harmful interference rights and the substantial investments NGSO FSS operators had already made for 12.2 GHz band-powered satellite broadband.

Studying More Intensive Non-Mobile Terrestrial Uses of 12 GHz Band (12.2 GHz FNPRM)

Although it declined to authorize mobile operations in the 12.2 GHz band, the FCC also sought comment on several proposals to encourage more intensive terrestrial use of the band.

Expanded Licensed Use

The 12.2 GHz FNPRM seeks comment on several options to expand MVDDS use of the 12.2 GHz band: (1) permitting one-way, point-to-point, or point-to-multipoint fixed links at a higher power than the current rules allow, (2) allowing two-way, point-to-point fixed links at a higher power limit, (3) authorizing two-way point-to-multipoint fixed link service, or (4) adding an indoor-only underlay. For each proposal, the FCC asks stakeholders to address numerous issues, such as the use cases and public benefit for each approach, license structure, interference mitigation, technical standards, and coordination.

Unlicensed Use 

The 12.2 GHz FNPRM asks whether a low-power indoor-only underlay should exist on an unlicensed basis and what rules should apply. In particular, the FCC inquires whether its Part 15 regulations governing various unlicensed uses (900 MHz/2.4 GHz/5 GHz versus 6 GHz) might present a model for the 12.2 GHz band. It also seeks comment on related coordination issues, technical requirements, and interference mitigation.

Other Technology-based Sharing

The 12.2 GHz FNPRM queries whether advanced technology-based sharing mechanisms, like those used in the 3.5 GHz band (citizens broadband radio service (CBRS)) and 6 GHz band, could facilitate expanded terrestrial operations without the need to relocate or repack all incumbents.

Introducing Mobile Operations into Some or All of the 12.7 GHz Band (12.7 GHz NPRM)

Concerning the 12.7 GHz band, the FCC proposes to repurpose some or all of the band to add mobile and other uses (with relocation and cost-sharing covered by new entrants). It also seeks comment on new related licensing, operating, and technical rules.

Repurposing the Band

The 12.7 GHz NPRM suggests renovating some or all of the band for mobile broadband or other expanded use. Unlike the 12.2 GHz band, the item tentatively finds the 12.7 GHz band is a favorable candidate for repurposing because (1) this spectrum is already allocated for terrestrial mobile use on a primary basis domestically, (2) it has relatively light satellite use, and (3) only one federal incumbent is located at one site. These characteristics make the band more amenable to various policy options (e.g., coordination, repacking, and relocation). In addition, the 12.7 GHz band has “considerable capacity and opportunity for channel reuse” that are important attributes for the high-speed, low-latency, bandwidth-intensive applications that emerging 5G and 6G mobile technologies will support.

As a result, the 12.7 GHz NPRM seeks comment on (1) the economic benefits of introducing mobile broadband or other expanded use, (2) license structures, (3) incumbent grandfathering, sunsetting, relocation, or repacking scenarios, and (4) interference mitigation and prevention with adjacent bands. As part of the repurposing plan, the FCC will permit existing satellite systems to continue enlisting the 12.7 GHz band but will not authorize expanded satellite operations going forward.

Pondering Alternative Approaches for Band Sharing

During the earlier notice of inquiry phase of the 12.7 GHz proceeding, some commenters preferred using automated spectrum management systems to avoid relocating incumbents or repacking the band. In response, the 12.7 GHz NPRM asks, as an alternative to band repurposing, whether “Automated Frequency Coordination” systems enabling unlicensed outdoor deployments in the 6 GHz band or the “Spectrum Access Systems” protecting federal incumbents in the 3.5 GHz CBRS band could spur more dynamic and opportunistic spectrum sharing of the 12.7 GHz band. The FCC solicits input on the proposed automated spectrum management systems’ attributes, coordination mechanisms, adjustment considerations for specific incumbents, and security measures.

Deciding Auction Authority

To assign spectrum for new terrestrial mobile use, the FCC typically issues such rights by auction. But the FCC’s auction authority has lapsed for the first time since receiving its auction authority from Congress in 1993. The 12.7 GHz NPRM seeks comment on alternative license-issuance mechanisms for the 12.7 GHz band while delegating authority to the FCC Wireless Telecommunications Bureau and Office of Economics and Analytics to advance auction procedures creation if auction authority returns.

Flagging Other Issues

The 12.7 GHz NPRM proposes implementing licensing and operating rules consistent with other flexible-use bands. The item seeks comment on (1) service-specific rules, (2) FCC Part 27 flexible-use rules applicability, (3) spectrum block sizes, (4) geographic license areas, (5) license terms and renewal requirements, (6) performance requirements, and (7) technical rules such as power, out-of-band emissions, field strength, and antenna height limits critical to coordination in the band (among other issues).

Collecting Information on 12.7 GHz Incumbents (12.7 GHz Order)

The 12.7 GHz Order directs fixed and mobile broadcast auxiliary service licensees in the 12.7 GHz band to certify the accuracy of all information reflected on each license, including whether the facilities are operating as authorized, to help repurpose the band for mobile use.

Next Steps

The rulemakings offer the public a valuable opportunity to formally register interests and concerns with the FCC and other interested parties. After their publication in the Federal Register, comments on the various FCC inquiries will be due after 30 days and reply comments on the initial comments will be due after 45 days. Please contact our team if you need support strategizing potential paths forward.

Authored by Gerry Oberst, George John, J. Ryan Thompson, Ashley Mills, and Ambia Harper. 

Jordyn Johnson, a Summer Associate in our Washington, D.C. office, contributed to drafting this piece.