Page 106 - SAMENA Trends - October-December 2024

REGULATORY & POLICY UPDATES SAMENA TRENDS

37 GHz: A “Clean Slate” for Spectrum Sharing

The 37 GHz band represents a new opportunity to develop a because there are limited incumbent uses of 37 GHz, “the band
spectrum-sharing model for federal and non-federal uses, presents a “clean slate” for developing a new model for co-primary
according to a new report from the National Telecommunications Federal and non-Federal access. Specifically, this spectrum
and Information Administration (NTIA). The 37 GHz band is one supports the creation of very narrow, directed beams and limited
of the sections of spectrum that were identified in the National propagation for ground communications, making robust forms of
Spectrum Strategy (and the subsequent implementation plan, sharing possible.” Some history, here: Back in 2016, the Federal
released earlier this year) as a pipeline of spectrum to study Communications Commission’s order on the 37 GHz band
with an eye toward opening up additional spectrum for various “concluded that non-Federal fixed and mobile applications can
uses. The Biden administration’s National Spectrum Strategy share 37-38.6 GHz with DoD operations.” The lower 37 GHz band
(NSS) identified five candidate bands for near-term study and was made available for “co-primary sharing,” via a coordination
development, totaling 2,786 megahertz with an emphasis on mechanism that would require registering of sites. There are a
midband spectrum and bolstering technology for dynamic number of protected federal sites already identified, including 15
sharing of spectrum. The candidate bands ranged from 3.1 GHz military sites, five National Aeronautics and Space Administration
to 37.6 GHz, with all but one of them under 20 GHz, and were a receiving earth station operations and two National Science
mix of federal bands and shared federal/non-federal bands, to be Foundation sites. The upper 37 GHz band, at 37.6-38.6 GHz, was
studied not only for terrestrial wireless use but for space-based part of the millimeter-wave spectrum that was auctioned by the
services and aerial drones. The NSS also declared that “Evolving FCC in 2019 as part of its Spectrum Frontiers auction. That band
to a “designed to share whenever feasible” mindset will accelerate was divided for auction into 10 blocks of 100 megahertz in each
efficient and effective use of spectrum for all users” and said Partial Economic Area (PEA) geographic designation. According
that NTIA would pursue “development of an enduring, scalable to the NTIA report, the agency, along with the FCC and DoD, have
mechanism to manage shared spectrum access, including been having discussions about a coordination mechanism in the
through the development of a common spectrum management lower 37 GHz band since 2020, including a 2024 public notice
platform.” The first assessment of NSS-identified bands has from the FCC gathering more input on potential sharing issues
focused on the 37 GHz spectrum. In NTIA’s report, it said that and accommodations of use cases.

CMA Clears Vodafone, 3 UK Megadeal

The UK Competition and Markets Authority (CMA) cleared a
merger of 3 UK with Vodafone Group’s unit in the country, subject
to meeting commitments around network investment and
capping prices on certain tariffs for three years. Approving the
union, the regulator stated an eight-year network upgrade and
integration plan devised by the operators, combined with short
term pledges on some retail and wholesale pricing, had resolved
its initial concerns. The operators have pledged to invest £11
billion in what Vodafone claims will become one of Europe’s most
advanced 5G networks. Communications regulator Ofcom and the
CMA are set to oversee delivery of the plan. The CMA noted the
independent group assessing the proposal concluded the network
upgrades “would boost competition between the mobile network
operators in the long term, benefitting millions of people”. Along Della Valle said the approval “releases the handbrake on the UK’s
with capping selected mobile and data tariffs for three years, the telecoms industry and the increased investment will power the UK
pair are obliged to offer pre-set prices and terms for wholesale to the forefront of European telecommunications”. Deputy chair of
services for the same period, a move designed to ensure MVNOs 3 parent CK Hutchison Canning Fok added it would “fully support
“can obtain competitive terms and conditions as the network plan the merged business in implementing its network investment
is rolled out”. During the approvals process, Vodafone also inked plan…transforming the UK’s digital infrastructure and ensuring
a deal to sell some spectrum to rival Virgin Media O2 should the customers across the country benefit from world-beating network
combination with 3 UK be given the go-ahead, in an apparent quality”. The deal was announced in June 2023 and is expected
attempt to allay competition concerns. Predictably, Vodafone to close in H1 2025. Vodafone is set to own 51 per cent of the
and 3 welcomed the CMA’s decision, and in a joint statement combined company, with CK Hutchison the remainder. Vodafone
highlighted they would engage with the regulator to put the has an option to buy its partner out three years after completion
required measures in place. Vodafone Group CEO Margherita subject to conditions.

106 OCT-DEC 2024