New FCC and Administration Initiatives Adopted to Support the Internet of Things

Perkins Coie
Contact

Perkins Coie

The Federal Communications Commission and the Obama administration recently adopted several important initiatives to facilitate innovation in and rapid deployment of the nascent Internet of Things (IoT).  The FCC identified specific spectrum blocks for next generation (5G) wireless access and streamlined “historic preservation review” of cell site locations, while the Obama administration initiated a public-private partnership to speed commercialization of advanced wireless technologies.  These initiatives are intended to provide the certainty and clarity necessary for businesses to invest rapidly in 5G and IoT.  Importantly, the FCC’s action makes the U.S. the first country in the world to designate specific spectrum bands for 5G networks and applications. 

The FCC also adopted a Further Notice of Proposed Rulemaking (Further Notice) to refine its regulatory structure for 5G wireless connectivity.  The Further Notice will significantly influence the developing 5G ecosystem, especially the services and devices that manufacturers, application developers and wireless providers can offer their residential, commercial or enterprise customers, particularly those needing low-latency, real-time broadband internet connectivity.  Businesses that design, build or sell devices that rely on wireless internet access, or that create applications for such devices or networks, should consider participating in or monitoring  the Further Notice proceeding. 

Background

Industry experts predict that by the year 2020, 5.5 billion people will own mobile devices and that tens of millions of them will interact daily with dozens of internet-accessing smart devices, such as internet-connected clothing, health and exercise-monitoring devices, smart appliances, smart homes, autonomous or near-autonomous vehicles, 4K video streaming and of course computers, smartphones and similar devices.  Many of these products and applications will rely on internet connectivity—mobile, portable and/or fixed wireless—which in turn will require much greater data capacity, speed and lower latency than available on today’s fourth generation (4G) wireless networks.  This new or upgraded connectivity, i.e., the “pipes” or road for the IoT, necessitates identifying and providing additional spectrum for these 5G technologies and services, as well as building thousands of additional base stations bringing 5G access to where people live, work and play. 

Until recently, the high-frequency spectrum bands above 24 GHz, often referred to as “millimeter wave” bands, were considered poorly suited to mobile communications for two reasons: (1) limited propagation range; and (2) vulnerability to disruption by rain, fog, buildings and foliage.  These limitations are being overcome, however, by advances in antenna design, improved transmission technologies and the emerging feasibility of small-cell network designs.  In addition, the large quantity of bandwidth in these “millimeter wave” bands can provide the larger spectrum “pipes” needed to accommodate the overall traffic increases, and increased traffic per user, expected from IoT devices and applications. 

Creating Regulatory Certainty to Attract Business Investment

To meet anticipated demand for IoT connectivity, the FCC recently earmarked an unprecedented quantity of high-frequency wireless spectrum—almost four times the amount currently available for all licensed wireless  services—for 5G wireless communications systems.  The FCC recognized, however, that deploying 5G connectivity requires not only additional spectrum but also the base station or “cell sites” and other infrastructure necessary to bring it to users.  With customers demanding service virtually “anywhere, anytime,” and the limited range of “millimeter wave” spectrum, industry observers anticipate that service providers will need to “densify” their networks by incorporating thousands of “small cells” to provide the robust coverage customers want. 

Within weeks of its spectrum decision, the FCC and state and federal historic preservation officials announced agreement on a streamlined review process for locating new or expanded cell sites needed for 5G deployments.  The new review process became effective on August 29, 2016.  In addition, within days of the FCC’s spectrum decision, the Obama administration announced a partnership with a broad range of technology and telecommunications companies to expedite commercialization of next-generation wireless technologies and applications, which is another step toward facilitating U.S. leadership in developing and deploying 5G networks for the IoT. 

Further Notice of Proposed Rulemaking

The FCC’s Further Notice proposes to fully develop the agency’s 5G spectrum sharing protocols and technologies to prevent harmful interference and improve wireless communications reliability.  The FCC will seek comments on establishing performance requirements for innovative IoT applications, including machine-to-machine communications, healthcare devices, autonomous cars, and home and office automation.  The FCC will also evaluate whether to supplement its spectrum use (build-out) requirements with a “use-or-share” obligation, expand or fine-tune various technical requirements, refine the spectrum caps it adopted on high-frequency spectrum holdings and determine whether the public interest would be served by repurposing additional high-frequency spectrum for wireless broadband uses. 

Comments on the Further Notice are due by September 30, 2016 and reply comments by October 31, 2016.  

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Perkins Coie | Attorney Advertising

Written by:

Perkins Coie
Contact
more
less

Perkins Coie on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide