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No 'Pixie Dust'

COVID-19 Shows Import of Cutting Unnecessary Rules, Pai Says

The challenges of the COVID-19 pandemic made the FCC more determined to eliminate unnecessary regulation, Chairman Ajit Pai said during the Wireless Infrastructure Association’s virtual version of its annual ConnectX. The agency also Tuesday released its draft version of proposed changes to infrastructure rules, proposed by WIA and CTIA (see 2005190058). Commissioners Mike O’Rielly and Brendan Carr also spoke.

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When the FCC is forward thinking, when we get rid of some of these regulatory roadblocks, when we put in place the building blocks … the private sector is going to take that and run with it to deliver better, faster, cheaper services,” Pai said during a chat with WIA President Jonathan Adelstein. “I hope the silver lining out of this difficult time is that, when it comes to the FCC at least, we’re going to really think anew about all of these rules.”

Pai said Adelstein had “flagged” for him “many, many years ago” concerns about how the FCC applies Section 6409(a) of the 2012 Spectrum Act, to be addressed at commissioners' June 9 meeting (see 2005180057). The section was “a bipartisan commitment by the American Congress to make sure that we had a streamlined process,” he said: “Now it’s time for the FCC to do its part by breathing more life into [those] provisions.”

As the world goes wireless, wireless infrastructure could be the bottleneck,” Pai said. The 6409(a) order will be “incredibly important” to putting in place a “more consistent, more certain set of rules, by which every level of government has to play,” he said. WIA and its members need to work with the FCC on the draft item before the vote, he said.

Unlike previous infrastructure orders, which targeted small cells, the one's important to deploying more macro-towers, Adelstein said. Infrastructure companies continue buildouts, he reassured Pai. Cities and their associations have been working with industry address COVID-19 delays, he said. “We’ve seen a lot of progress.”

Pai appreciated tower workers doing their jobs despite the COVID-19 threat. Pai said he spoke with the White House and other agencies to help infrastructure workers get face masks and other personal protective equipment: “We’re going to continue those efforts.”

The pledges by more than 770 internet providers not to shut off subscribers during the pandemic have been critical for consumers, Pai said. The pledge was extended through June 30 (see 2005140063). “With all the uncertainties that they’re dealing with, healthcare issues, of course, educating their kids … at least connectivity is something they know that they can count on,” he said. Reports are that the spectrum the FCC has made available on an emergency basis to carriers allowed the three national carriers to increase their speeds 10-32% year over year, he said. Fixed wireless providers also increased speeds, he said.

It remains to be seen whether opposition will develop” to the infrastructure rule change, O’Rielly said at the conference: “It shouldn’t as it tries to clarify statutory provisions and instances where some rogue localities have abused these provisions.” The demand for wireless services is unlikely to decrease as the country reopens from COVID-19, he said: “We're becoming a more mobile society. It means that providers must expand their networks and deploy new services, 5G in particular, which will require more responsible practices from those localities outside the norm.”

O’Rielly hoped the FCC will soon complete action on twilight towers. In 2017, commissioners approved 5-0 a public notice on ways such towers could be made available for collocation of wireless facilities without additional historic review (see 1712140049). “We have a sound proposal before [the federal Advisory Council on Historic Preservation] that puts this entire mess behind us and lets these towers be used for new collocations,” he said.

The Intelsat bankruptcy (see 2005140028) “adds some uncertainty but it’s too new to know the entire impact,” O’Rielly said: “I believe, from public reports, the company very much wants to participate in the C-band proceeding.” O’Rielly said he was assured the C-band auction will start in December.

Industry is developing many innovations that “won’t work or won’t work well without 5G,” Carr said. “None of these improvements in our lives happen spontaneously. There is no pixie dust that lights up wireless networks. There is no magic spell that turns steel into a tower.”