Spectrum

Updated April 12, 2023. Originally posted March 23, 2023.

In March, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that seeks public comment on a proposed licensing framework that would enable multiple satellite operators to supplement the network coverage of terrestrial wireless service providers.  Termed “Supplemental Coverage from Space” (SCS), this service would authorize certain satellite systems to use spectrum licensed to a terrestrial network provider partner to provide expanded coverage to the provider’s wireless customers, even in remote areas. Comments on the NPRM, which appeared in today’s Federal Register, are due Friday, May 12, with reply comments due the following month, on Monday, June 12.Continue Reading FCC Seeks Comment on “Supplemental Coverage from Space” Rules, Responding to Growing Trend towards Partnerships between Satellite Operators and Wireless Network Providers

Yesterday, the National Telecommunications and Information Administration (NTIA) issued a Request for Comment that seeks input on a “National Spectrum Strategy,” which would include a plan to study federal spectrum usage to identify spectrum that could be reallocated or repurposed to commercial or shared federal/commercial use. This National Spectrum Strategy also would include a process for identifying the spectrum bands best suited for repurposing (a “Spectrum Pipeline”).  NTIA seeks input in creating a Spectrum Pipeline for the next decade, with the goal of identifying at least 1,500 megahertz of spectrum to study for potential repurposing to meet the future requirements of both commercial and federal users.  Continue Reading NTIA Seeks Public Comment on the Development of a National Spectrum Strategy and Spectrum-Sharing “Pipeline”

Last week, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced plans to reorganize the agency’s International Bureau by creating a new Space Bureau and a standalone Office of International Affairs.  The announcement, which marks the latest in a string of space-focused actions over the last several months, is a further indication of the FCC’s commitment to leadership in the growing space economy.Continue Reading FCC Positions Itself for Expanding Space Industry

Connected and automated vehicle (“CAV”) developments in Washington are likely to pick up speed as 2021 rolls in. Indeed, a new presidential administration, new agency leadership, and a new Congress may drive new CAV regulation while also spurring innovation in an industry that many believe can enhance road safety, mobility, and accessibility. For instance, John Porcari, a Biden-Harris campaign advisor and former U.S. Deputy Secretary of Transportation under President Barack Obama, recently indicated that transportation agencies under President Biden would prioritize innovation and technological change and adopt a federal framework for autonomous vehicles.

Lawmakers and regulators, furthermore, will have the opportunity to build on some of the initiatives that picked up speed during the fall of 2020, such as the Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act (H.R. 8350) (“SELF DRIVE Act”), the National Highway Traffic Safety Administration’s (“NHTSA”) AV TEST tool, and NHTSA’s request for comment on its proposed framework for Automated Driving Systems (“ADS”) safety. Additionally, the Federal Communications Commission’s (“FCC”) adoption of rules to modernize the 5.9 GHz Band could spur the deployment of CAV technology, and the new administration may reinvigorate inter-agency efforts to examine consumer data privacy and security issues posed by CAVs, as well as CAV-related developments in infrastructure. This post looks down the road ahead for CAV developments in Washington.
Continue Reading IoT Update: The Road Ahead for Connected and Automated Vehicle Developments in Washington

Yesterday, with vocal support from fellow Commissioner Brendan Carr, FCC Chairman Ajit Pai released a draft Declaratory Ruling and Notice of Proposed Rulemaking (“DR” and “NPRM”) to promote the use of broadcast spectrum for internet services (referred to by the FCC as “Broadcast Internet”). The full, five-member Commission will vote on adoption of the DR and NPRM at the agency’s next monthly public meeting on Tuesday, June 9.
Continue Reading FCC Proposes Spectrum Leasing to Promote Use of Broadcast Spectrum for Internet Services

This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary of Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.”  Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory guidance and more regulatory aggregator.  The document lists in great detail the various Administration efforts—across 38 federal departments and agencies—geared toward promoting, supporting, and providing accountability for users and communities with respect to autonomous mobility.
Continue Reading IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)

With all the current excitement around emerging high-tech autonomous vehicles and internet of things (IoT) devices, it may surprise some observers that around 20 years ago the Federal Communications Commission (FCC), at Congress’s direction, was already taking some important steps with respect to these technologies.  Most notably, the FCC set aside the 5.9 GHz band, which is a swath of highly-valued mid-band spectrum, for vehicle related communications and transportation safety features.  At that time, the FCC pursued Dedicated Short Range Communications (DSRC) as the standard to develop critical safety services, but over time, similar technologies outside of the 5.9 GHz band have developed.  More recently, a number of manufacturers and developers have been focused on a new technology called Cellular Vehicle to Everything (C-V2X), which proponents argue should be the standard going forward.

The FCC has decided to weigh in on the issues in the 5.9 GHz band in a draft notice of proposed rulemaking (NPRM) to be voted on at its December 12 Commission Open Meeting.  The 5.9 GHz band has been a political issue subject to disagreements among the FCC, Department of Transportation, and members of Congress on both sides of the aisle, regarding the best path forward, which technologies should be pursued, and whether there is enough spectrum that can safely be shared among different use cases. 
Continue Reading IoT Update: FCC Proposes New Spectrum Plan for Vehicle Safety and Unlicensed Uses

From the Federal Communications Commission (“FCC”) to Congress to the White House, the federal government has continued to push the importance of investment and innovation in fifth-generation (“5G”) wireless technology. This push bodes well for the many industries that rely on the Internet of Things (“IoT”), such as transportation, healthcare, and manufacturing—to name a few. As we have previously discussed, 5G deployment is critical for IoT because the IoT ecosystem will rely heavily on the increased speeds and capacity, as well as the reduced latency, that 5G technology will enable. Below we discuss the most recent pushes for 5G developments from federal leadership before surveying key industries in the IoT ecosystem that we expect to benefit from these efforts.
Continue Reading IoT Update: Flurry of Federal 5G Activity Indicates Important Growth Opportunities for the IoT Ecosystem

The Federal Communications Commission (“FCC”) has a key role to play in driving the development of connected and automated vehicles (“CAV”) technology. As we explained in a recent CAV IoT Update, the FCC has been studying the risks associated with specific CAV technologies that could provide unique channels for potential cyberattacks. This post examines the debate over spectrum allocation for CAV technologies.

Why the FCC Matters to Connected and Autonomous Vehicle Technology

The FCC makes critical decisions about what portions of the radio spectrum will be available for various fifth-generation (“5G”) and other new wireless services, including CAV technologies. Those decisions are part of the FCC’s authority to administer spectrum for use by states, local governments, commercial businesses, and consumers. While the FCC at one time had designated a specific band of spectrum, the 5.9 GHz band for vehicle-to-vehicle (“V2V”) communications, a debate recently was reignited over the future of that band and the best way of enabling spectrum for CAV technologies and for the broader range of next-generation technologies that will be available with deployment of 5G. Although the 5.9 GHz band is not the only portion of the spectrum that enables CAV technologies, it has attracted significant interest from, and debate among, automakers, wireless providers, chip manufacturers, WiFi advocates and others. These stakeholders are debating whether having one band dedicated to CAV is the most efficient and effective means of meeting demands in this country for spectrum access—demands that the recent Presidential Memorandum on national spectrum policy described as “never . . . greater than today, with the advent of autonomous vehicles and precision agriculture, the expansion of commercial space operations, and the burgeoning Internet of Things.”Continue Reading IoT Update: Navigating the Course of Spectrum for Connected and Automated Vehicle Technologies

The European Commission estimates that the global market for the Internet of Things (“IoT”) will grow to 75.4 billion devices by 2023. It also estimates that the economic value of spectrum enabled services is at present worth €500 billion per year. This is expected to increase by 200% – up to €1 trillion a year by 2023 – making the availability of spectrum (needed to send and receive data) and the development of 5G technology increasingly significant.

The European Electronic Communications Code, part of the Commission’s Digital Single Market (“DSM”) Strategy, is nearing the end of the legislative process. It contains a range of safeguards aimed at European-level harmonization for 5G and spectrum management, high-speed broadband technology, and seeks to level the regulatory playing field for “Over the Top” (“OTT”) services with that of traditional telecoms services.Continue Reading IoT Update: The European Electronic Communications Code – Developing the Future of IoT in the EU