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Could Cut Either Way?

RDOF Decision Seen Indicating 12 GHz Skepticism; Others Call Them Unrelated

The FCC's rejection of SpaceX's Rural Digital Opportunity Fund Phase I auction long-form application (see 2208100050) could show agency skepticism about the satellite operator's potential that could affect how the FCC decides on any opening of the 12 GHz band to 5G, we were told. SpaceX has been one of the chief proponents of keeping the band solely for satellite use. Some proceedings watchers and participants see RDOF as separate, not having ramifications for the pending 12 GHz proceeding. The FCC and SpaceX didn't comment.

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The RDOF decision didn't require a commission vote and buy-in by other commissioners, unlike a 12 GHz decision, said Kathleen Burke, Public Knowledge (PK) policy counsel. However, Chairwoman Jessica Rosenworcel's statement when the RDOF decision was announced might indicate some skepticism about SpaceX, Burke said. That could suggest how the agency might lean on balancing interests in the 12 GHz proceeding, she said. SpaceX has the disadvantage in the 12 GHz proceeding of being the latest in a line of services that have been heavily hyped for their ability to close the rural digital divide, Burke said.

The chairwoman seemed to be saying SpaceX is a nascent, not fully-tested technology, and with its RDOF decision the agency was prioritizing funding for proven tech, Digital Progress Institute President Joel Thayer said. SpaceX's messaging in the 12 GHz proceeding seems contradictory at points to what it said regarding its ability to take part in RDOF, he said.

A spectrum policy expert involved in the 12 GHz proceeding said the RDOF decision potentially cuts both ways, as it could reflect some skepticism about Starlink as a rural digital divide remedy, but it also could also reflect skepticism that Starlink will have sufficient capacity to maintain reliably high throughput. In the latter case, SpaceX will argue that’s a reason it needs to maintain co-primary access to all 2,000 MHz of downlink it has in and below the 12 GHz band, he said.

Rosenworcel still shows bullishness about SpaceX's potential, a person involved in the 12 GHz proceeding told us, citing her statement in the RDOF announcement that Starlink's tech "has real promise." She and Commissioner Brendan Carr indicated their 12 GHz stances depend in large part on the ongoing Office of Engineering and Technology analysis of competing studies regarding the feasibility of sharing (see 2208050031).

PK's Burke said FCC engineers “are the best folks to determine whose is the more accurate one and what that will mean for the band.” She said PK is hopeful that, regardless of how the FCC rules on the 12 GHz band, unlicensed underlay use of the band happens because unlicensed use will be viable even though it would take interference from and have to protect incumbents.