STATEMENT OF
CHAIRMAN AJIT PAI

Re: 	Expanding Flexible Use of the 12.2-12.7 GHz Band, WT Docket No. 20-443; Expanding Flexible Use in Mid-Band Spectrum Between 3.7-24 GHz, GN Docket No. 17-183; MVDDS 5G Coalition Petition for Rulemaking to Permit MVDDS Use of the 12.2-12.7 GHz Band for Two-Way Mobile Broadband Service, RM-11768 (Proceeding Terminated)

Today, we launch a proceeding to determine whether the Commission should permit the introduction of new services in the 500 megahertz of spectrum between 12.2 and 12.7 GHz while protecting incumbent licensees from harmful interference.  We do so mindful of the substantial amount of progress this Commission has made over the past four years to bring additional spectrum to market and to authorize new and innovative satellite-based services.  

In April 2016, a coalition of Multichannel Video Distribution and Data Service (or MVDDS) licensees petitioned the Commission to adopt rule changes to allow for mobile two-way service in the 12 GHz band.  In the 57 months since that time, the FCC has held four spectrum auctions (with a fifth auction currently ongoing), making more spectrum available for 5G service than was previously licensed to all mobile wireless operators combined, and raising billions of dollars for the federal government in the process.  When the MVDDS 5G Coalition filed its petition, the 12 GHz band was unused by non-geostationary orbit constellations.  Today, we have authorized 11 such constellations, several of which are planning to use the 12 GHz band.  And Direct Broadcast Satellite service continues to provide video programming to millions of homes across America through 12 GHz spectrum.  

In this Notice of Proposed Rulemaking, we take stock of the current uses of the 12 GHz band and seek comment on whether technological innovations would allow for the deployment of terrestrial mobile service in the band, including 5G.  The central focus of our inquiry is whether the Commission can increase opportunities for shared use of the band while protecting incumbents from harmful interference.  We also seek comment on approaches for potentially assigning new terrestrial use rights, including the possibility of authorizing underlay use of the band on an unlicensed or opportunistic basis, as well as on mechanisms for sharing the band.  And we ask whether the public interest benefits of maintaining the current allocations in the band outweigh any potential changes to our rules.  

Interested stakeholders will surely provide valuable input on the questions asked in this Notice.  Technical studies will undoubtedly be submitted from all sides.  And this agency’s expert staff will—as it has done so many times before—scrutinize the arguments and data in the record and be guided by the evidence and sound engineering.  So while I will not be at the helm of the Commission as this work comes to fruition, I am proud to kick-start the process so that others are well-positioned to move forward and bring regulatory certainty to this band after so many years. 

I extend my thanks to the Commission staff who helped prepare this Notice of Proposed Rulemaking.  From the Wireless Telecommunications Bureau: Simon Banyai, Peter Daronco, Tim Hilfiger, Ethan Lucarelli, Madelaine Maior, Anthony Patrone, Matthew Pearl, Blaise Scinto, Dana Shaffer, and Don Stockdale; from the International Bureau: Jennifer Gilsenan, Nese Guendelsberger, Karl Kensinger, Kathryn Medley, Kerry Murray, Stephanie Neville, Sankar Persaud, Tom Sullivan, Merissa Velez, and Jay Whaley; from the Office of Engineering and Technology: Bahman Badipour, Jamie Coleman, Michael Ha, Ira Keltz, Nicholas Oros, and Ron Repasi; from the Office of Economics and Analytics: Patrick Brogan, Jonathan Campbell, Patrick DeGraba, Evan Kwerel, Paul Lafontaine, Eliot Maenner, Giulia McHenry, Erik Salovaara, Martha Stancill, Emily Talaga, and Margy Wiener; from the Office of General Counsel: Deborah Broderson, David Horowitz, Linda Oliver, and Bill Richardson; and from the Office of Communications Business Opportunities: Chana Wilkerson. 
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