The New America Foundation's Open Technology Institute joined Public Knowledge in submitting comments to the Federal Communications Commission (FCC) on an amendment of the Commission's rules to create a new frequency allocation for wireless broadband services. [Read the full text of the comment here (pdf)](http://oti.newamerica.net/sites/newamerica.net/files/profiles/attachments/CommentsOTI-PK_RM11715.pdf
New America Foundation's Open Technology Institute and Public Knowledge are nonprofit public interest groups dedicated to promoting ubiquitous and affordable wireless broadband connectivity, as well as more efficient spectrum use and more effective mobile market competition, through the reallocation of underutilized spectrum bands for unlicensed access and dynamic spectrum sharing. OTI and PK have participated in wide variety of proceedings related to these goals, both as individual organizations and as members of the broader Public Interest Spectrum Coalition.
OTI and PK urge the Commission to adopt and release a Notice of Proposed Rulemaking to invite comment and develop a full record on Mimosa’s proposal and on other potential uses of the band in addition to relatively high-power, long-distance backhaul links. Although outdoor and long-distance backhaul links at the power levels permitted under Part 90, subpart Z, of the Commission's Rules would be a very productive use of the band, the Commission should also consider authorizing low-power use of the band for personal/portable devices, including off-the-shelf consumer devices. With respect to the appropriate regulatory framework, OTI and PK agree that authorizing non-exclusive access under the "lightly licensed" approach in Part 90, Subpart Z, of the Commission's rules has many advantages, particularly for fixed wireless broadband providers. We suggest that the Commission also consider and request comment on whether Part 15 of the Commission's Rules, or even the proposed new rules to govern dynamic spectrum sharing in the 3550-to-3650 MHz band, would enable the most open, diverse, and spectrally intense use of the band.
Although OTI and PK have no view at this time about the efficacy of Mimosa’s proposed interference-avoidance mechanisms – or even whether they are necessary – we commend Mimosa for advancing protections that have proven effective in other bands. OTI and PK suggest that the Commission request comment and data in the NPRM that will allow it to consider whether the interference mitigation measures it imposes could be quite different depending on different use cases, including potentially small cell and indoor applications that would not present the same risk of interference to either the amateur service or to radar operations as would long-distance microwave links.
