Spectrum Efficiency and Rapid Deployment are Focus of FCC's Wireless Backhaul Proposals

Following up on our post from last week, the FCC’s NPRM and NOI on ways to improve regulation of microwave wireless spectrum used for the “backhaul” transport of network traffic focuses in many parts on the need to balance efficient use of the wireless spectrum with measures to ensure facilities can be deployed quickly. Last Thursday’s FCC action begins implementation of one of the spectrum initiatives set forth in the National Broadband Plan. This initiative aims to remove regulatory barriers to the deployment of wireless backhaul links, which constitute a critical piece of the system architecture of broadband networks. Among other uses, backhaul can be used for linking wireless cell towers to the wired broadband networks.

The NPRM proposes three rule changes: removing spectrum use restrictions, altering technical rules, and changing licensing requirements. First, the FCC proposes to eliminate the service-specific restrictions on certain microwave frequency bands used for the Cable TV Relay Service (CARS) and Broadcast Auxiliary Service (BAS). This includes a proposal to open up the largest current CARS band – the 500 MHz allocation at 12.7 to 13.2 GHz – for alternative uses. While the CARS and BAS bands are currently designated for the transport of video programming by cable television system and broadcast stations, the proposed change would allow any parties to apply for FCC licenses in those spectrum bands for microwave backhaul of any kind of traffic. Similarly, the FCC proposes to eliminate a rule which prohibits broadcasters from using general fixed microwave spectrum to deliver video to studios when BAS frequencies are available. In proposing these changes, the FCC emphasized that no existing CARS or BAS license would be altered, and that any new users would be required to coordinate with existing licensees in these bands. The FCC asked for comment on a variety of aspects of this proposal, including whether opening up these bands would have an adverse impact on cable operators’ future use of CARS spectrum.

Next, the FCC proposes a minor change to allow for “adaptive modulation” technology, which can reduce signal fading and allow microwave signals to propagate further. The use of adaptive modulation requires temporary departures from the minimum payload capacity requirement for wireless traffic delivery, a rule designed to ensure microwave spectrum is being fully utilized. Under the proposal, the minimum payload thresholds need not be met while signal fading is occurring to allow parties to take advantage of the modulation technique.

Finally the FCC proposes a set of rule changes to allow the addition of “auxiliary stations” to existing microwave authorizations. Under the current rules, microwave applicants must provide specific site-based information to the FCC to obtain a license, and the FCC will issue authorizations only for the applied-for paths, frequencies, and antennas. Under the proposed rule, a holder of a microwave license for a given path and set of frequencies would be allowed to add multiple new antenna sites to an existing authorization, either on a conditional authority or blanket authority basis. This would allow license holders to “re-use” their authorized frequencies with additional antennas surrounding the licensed link, similarly to how mobile wireless licensees currently re-use spectrum within an area by transmitting signals from multiple base station antennas simultaneously. Proponents of the rule changes claim it will allow for more efficient microwave spectrum use, while opponents have expressed concerns that the changes could lead to congestion in the microwave bands and unacceptable interference to existing users. 

In the NOI the FCC asks whether rural broadband service deployments in particular could be accelerated by eliminating or revising certain microwave spectrum efficiency standards and antenna design requirements. The FCC noted that it often gives waivers of the capacity requirements for rural microwave systems to allow them to provide better service at lower cost through less efficient transmission standards, which would be impractical in heavily-trafficked urban environments but are acceptable where spectrum demand is lower. Along the same lines, the FCC asks whether it could revise its technical standards for microwave frequency usage (at least in certain bands or areas) so that smaller and more inexpensive antennas could be used without creating interference problems that would offset any gains from accelerated network deployments.

Comments and reply comments are due 60 and 90 days after publication of the item in the Federal Register.
 

DWT ALERT: FCC Proposes Major Overhaul of Rural Health Care Universal Service Program

By Jim Smith

On July 15, 2010, the Federal Communications Commission (FCC) issued a new Notice of Proposed Rulemaking (NPRM) aimed at reinvigorating and reforming the perennially underutilized Rural Health Care (RHC) support mechanism of the Universal Service Fund (USF).

The deadlines for public comments and reply comments on this latest of the FCC’s initiatives to implement the recommendations of its omnibus National Broadband Plan have not yet been set, pending publication in the Federal Register, but are expected to be in early and late September, respectively.  We will send an update when these dates have been fixed. The FCC’s July 15 news release announcing the new proceeding can be viewed here, and the full text of the NPRM is here.

(Continue reading...)

UPDATE: Public comment dates on these proposals have now been set: Initial comments are to be filed by Sept. 8, and reply comments are due by Sept. 23.

FCC Initiates Wireless Backhaul and Hearing Aid Compatibility Proceedings; Also, House and Senate Pass New Accessibility Legislation, Full Passage Expected Shortly

The FCC has commenced a proceeding to facilitate the use of spectrum for wireless backhaul and other point-to-point and point-to-multipoint communications, increasing the efficient use of spectrum for backhaul, and providing for the more flexible use of microwave frequencies to promote the deployment of wireless broadband and other services.  In an NPRM, the Commission seeks comment on proposals to increase the utilization and provision of increasing flexibility in microwave spectrum.  The NOI component of the proceeding seeks more generally comments on other proposals for more cost-effective and intensive use of microwave spectrum.  Initial comments will be due 60 days from publication in the Federal Register; reply comments will be due 90 days from publication.  More detailed analysis of this proceeding will be posted shortly. 

The FCC has also commenced a proceeding related to its Hearing-Aid Compatibility rules.  As we noted earlier, this proceeding foreshadows the impending passage of new federal legislation designed promote access to advanced communications, including Internet video, by the disabled community, discussed below. 

The Commissions has issued a Policy Statement basically declaring that people with hearing aids and cochlear implants should have access to advanced technologies, including modern smartphones.  In a Second Report and Order, the Commission clarified a number of issues related to its hearing aid compatibility rules, including that the rules apply to devices that have built-in speakers designed to be held to the ear; requiring disclosure of information about multi-band and multi-mode phones that operate in part over bands or modes for which technical standards have not been established; and amending the rules requiring manufacturers to deploy hearing-aid compatible handsets to apply to handsets sold through all distribution channels, not only through service providers.  Finally, in an NPRM, the Commission seeks comment regarding customer equipment used to provide wireless communications over any type of network; a requirement for some or all retail outlets to offer consumers in-store testing of hearing-aid compatible devices; and user-controlled reduction of power to meet standards for operations over legacy GSM interfaces in the 1900 MHz band.  The Commission also noted that it intends to initiate a comprehensive review of its wireless hearing aid compatibility rules later this year.  Initial comments will be due 45 days after publication in the Federal Register; reply comments will be due 75 days after publication.

The Hearing Aid Compatibility proceeding is especially significant given the recent passage of House and Senate accessibility legislation.  As noted earlier, House Bill 3101, Rep. Markey's "Twenty-First Century Communications and Video Accessibility Act of 2009" was adopted by the House and received in the Senate on July 27, 2010.  More recently, on August 5, it was read twice and placed on the Senate legislative calendar for consideration. 

At the same time, Sen. Pryor's companion bill (S. 3304), which we first mentioned here and here, was replaced by a substitute version proposed by Sen. Reid on August 5.  That version was agreed to and passed by the Senate by unanimous consent that same day.

With the House Bill now on the Senate's calendar, and the Senate having passed its version of the bill, passage of new accessibility legislation is expected very shortly.  As previously explained in detail, the new legislation is expected to update the Americans with Disabilities Act (ADA) by requiring advanced services and devices to be ADA-compliant, including Internet videos and mobile devices, and will reinstate the FCC's video description rules.  Accordingly, this legislation, when passed, will have a significant impact on manufacturers, content providers, and programming distributors, to name a few.   As soon as Congress passes the legislation, we will provide an in-depth look at what changes the legislation will make to the Communications Act and the FCC's ADA rules, among others.

For additional information about the legislation, please contact Maria Browne or Brian Hurh.