Before the
National Telecommunications and Information Administration
Department of Commerce Washington, DC 20230

In the Matter of
An Analysis of Aggregate CBRS SAS
Data from April 2021 to January 2023

COMMENTS OF THE UTILITIES TECHNOLOGY COUNCIL

The Utilities Technology Council (“UTC”) hereby provides its comments on the National Telecommunications and Information Administration’s technical analysis report on the Citizens Broadband Radio Service (“CBRS”) Spectrum Access System (“SAS”) data.1

I. Background and Introduction

UTC is the international association for the telecommunications and information technology interests of electric, gas, and water utilities and other critical infrastructure industries (CII).2 Its members include all kinds of utilities, ranging from large investor-owned utilities that serve millions of customers across multi-state service territories to smaller rural electric cooperative utilities and public power utilities that may serve only a few thousand customers in isolated communities or remote areas of the country. These members all own, manage and control extensive energy and water transmission and distribution networks, which are supported by wireless and wireline communication systems. Owing to the critical nature of the underlying energy and water systems that they support, utility private internal communications systems are designed, built, and maintained to exceptionally high standards for reliability and security.

1 NTIA Report 23-567, An Analysis of Aggregate CBRS SAS from April 2021 to January 2023 (May 2023), available at https://its.ntia.gov/umbraco/surface/download/publication?reportNumber=TR-23-567.pdf (hereinafter “Technical Report”). 2 See www.utc.org.

2 These private internal communications networks are more reliable and resilient than commercial networks, and they are predicated on the need to maintain communications during emergencies, such as power outages in the aftermath of storms, and to communicate in remote areas where commercial networks may not provide coverage. While utilities have extensive and highly reliable communications systems, they need additional spectrum, such as the 3.5 GHz band, to provide more capacity and coverage to support their increasing communications demands due to smart grid and security requirements.

UTC commends NTIA for publishing its Technical Report and is pleased to provide its comments on it. Utilities were some of the highest bidders in the CBRS auction for priority access licenses (PALs) in the 3.5 GHz band, and they are pursuing using the spectrum to support a variety of utility applications, such as supervisory control and data acquisition (SCADA) systems, distribution automation (DA), advanced metering infrastructure (AMI) and distributed energy resources (DERs).3 Eleven utilities participated in the auction and ten of them were awarded PALs, paying a total of over $174 million and acquiring 371 licenses for CBRS spectrum in 150 counties.4 UTC actively participated in the FCC’s rulemaking proceeding leading up to the CBRS auction to promote opportunities for utilities to be able to compete for access to PALs for CBRS.5 Therefore, UTC has an interest in CBRS and policies to promote and protect utility operations and access to the spectrum in the band.

3 Alpha Wireless, “CBRS Auction: Examining the winnings and ambitions of utilities” (Oct. 30, 2020), available at https://alphawireless.com/cbrs-auction-examining-the-winnings-and-ambitions-of-utilities/

4 Burns & McDonnell, Benchmark Brief “CBRS Auction Results Are in; Did Utilities Cash in to Build Private LTE?” (Sept. 10, 2020), available at https://blog.burnsmcd.com/cbrs-auction-results-are-in-did-utilities-cash-in-tobuild-private-lte.

5 See e.g., Comments of the Utilities Technology Council in GN Docket No. 17-258 (filed Dec. 28, 2017) and Reply Comments of the Utilities Technology Council in GN Docket No. 17-258 (filed Jan. 29, 2018). See also Letter to Marlene H. Dortch, Secretary, Federal Communications Commission from the American Petroleum Institute, Edison Electric Institute, Enterprise Wireless Alliance, Exelon Corporation, General Electric Company, Google LLC, Hospitality Technology Next Generation, Motorola Solutions, Inc., pdvWireless, Inc., Port of Los Angeles, Southern

II. UTC’s Comments on the Findings of the Technical Report

UTC supports the findings in the Technical Report. It is not surprising that the Technical Report found that most of the Citizens Broadband Service Devices (CBSDs) are operating in rural areas. This is consistent with the way in which utilities and other CII licensees operate their private wireless communications networks. Utilities and CII need coverage and capacity in areas where commercial wireless networks are unavailable, which tend to be in rural and remote geographic regions. To be sure, they also need to operate in urban and suburban areas as well, and utilities also acquired PALs in these areas to ensure communications reliability across their entire electric, gas, and water service territories. So, the Technical Report reflects the reality that utilities and CII tend to be operating CBSDs all across their service territories including in rural areas, where they need capacity and coverage to ensure communications reliability.

The CBRS spectrum was billed as the innovation band, providing opportunities for smaller entities to share spectrum that they otherwise couldn’t afford through traditional auctions of exclusive-use licenses.6 The Technical Report reveals a tale of two sides of CBRS. On the one hand, it demonstrates that utilities and other smaller entities are putting the CBRS spectrum to effective use where they were able to acquire licenses, which tended to be mainly in rural areas. On the other hand, it reflects the reality that the major communications service providers who tended to acquire CBRS PALs in urban and suburban areas have reportedly refrained from deploying CBSDs.7

Linc, Union Pacific, and Utilities Technology Council in GN Docket No. 17-258 (filed Apr. 25, 2018) and Letter to Marlene H. Dortch, Secretary, Federal Communications Commission from the CBRS Coalition (including UTC) in GN Docket No. 17-258 (filed May 9, 2018).

6 “Innovation in the 3.5 GHz Band: Creating a New Citizens Broadband Radio Service” Tom Wheeler, FCC Chairman (Mar. 27, 2015), available at https://www.fcc.gov/news-events/blog/2015/03/27/innovation-35-ghz-bandcreating- new-citizens-broadband-radio-service.

7 LightReading, “Charter will deploy CBRS widely, but it’s in no rush” (May 18, 2023) available at https://www.lightreading.com/cable-tech/charter-will-deploy-cbrs-widely-but-its-in-no-rush-/d/d-id/784953.

The Technical Report found that CBRS deployments increased overall between April 2021 and January 2023, growing at a steady rate with a mean quarterly increase of 12% and a total increase of 121% over the 21-month analysis period. Significantly, 95% of the deployments were outdoors, which reflects the reality that CBRS is being used to provide access to a variety of non-commercial as well as commercial services. To be sure, GAA represents the vast majority of CBSDs, but many of the GAA CBSDs apparently operate in combination with PALs, which also reflects the importance of PALs for ensuring reliability for certain traffic, such as mission-critical communications by utilities and other CII. No doubt, most CBSDs will be used for GAA because of their relative ease of deployment and their capability to provide additional capacity, but PALs are also important, despite being fewer in number compared to GAA CBSDs. Finally, the Technical Report found that band utilization grew and that there was still room for more growth in the future; it also found a large number of CBSDs were operating in Dynamic Protection Areas (DPAs)8 which would not have been possible if those neighborhoods had been designated as exclusion zones. Utilities like San Diego Gas & Electric, which acquired three PALs in two counties are a good example of utilities that operate in DPAs and which would also likely benefit from the available room for additional band utilization in those areas.

III. UTC’s Suggestions for Improvements to the Technical Report and the Spectrum Sharing Framework

NTIA has requested comments on how to improve future technical reports and the spectrum-sharing framework. To improve the spectrum sharing framework, UTC suggests increasing the permissible power of CBSDs to permit greater coverage, particularly in rural and 8 NTIA, “Dynamic Protection Areas Will Spur Spectrum Sharing” available at https://ntia.gov/blog/dynamicprotection-areas-will-spur-spectrum-sharing remote areas where terrain, foliage and other factors reduce coverage and where there is a lower potential for interference to federal incumbent operations in general.

While the Technical Report concluded that CBRS is working and progress is being made, the band would be even more effectively used if higher power operations were permitted, thus requiring fewer CBSDs to obtain coverage and increasing reliability at the same time. The data from the Technical Report supports this recommendation because the overwhelming number of CBSDs were Category B with a maximum EIRP of 50 W. This reflects the increasing demand for higher power operations to expand coverage for CBRS. In addition, higher power operations would help to increase reliability which is extremely important to support mission-critical communications by utilities and other CII. Increasing power would enable utilities and other CII to rely more heavily on CBRS to support mission-critical communications, thereby encouraging greater investment in and deployment of CBSDs. Moreover, now that more experience has been gained with Spectrum Access Systems (SAS) to prevent interference, it should be reasonably feasible to increase the power of CBSDs without increasing the potential for interference with incumbent federal operations. Increasing the permissible power of CBSDs would be the single greatest way that the spectrum-sharing framework could be improved to make more effective use of the band.

Future reports could be improved by analyzing the potential for increasing the power of CBSDs in the band, particularly in rural and remote areas where there may be fewer incumbent systems and the potential for interference is lower. UTC supports the Technical Report and understands that it was intended to analyze where CBSDs are operating currently. The next report should also analyze areas where CBSDs are not currently operating and recommend ways to increase the deployment of CBSDs in those areas, including increasing the permissible power of CBSD operations in those areas to create incentives for increased deployment. Collecting this information would complement the valuable information that has been provided in the Technical Report and would help inform policies to improve the spectrum-sharing framework in the 3.5 GHz band.

CONCLUSION

UTC thanks the NTIA for the opportunity to comment on its Technical Report and we welcome the opportunity to work together to improve future technical reports and the spectrum-sharing framework in the 3.5 GHz CBRS band.

Respectfully submitted,

UTILITIES TECHNOLOGY COUNCIL
Brett Kilbourne
Senior Vice President Policy and General Counsel
Utilities Technology Council
2550 South Clark Street, Suite 960
Arlington, VA 22202
202-872-0030

May 31, 2023

Arlington, VA—May 23, 2023— 

UTC Interim President & CEO Ron Beck issued the following statement after President Biden announced his intent to nominate Anna Gomez to serve as the fifth Commissioner of the Federal Communications Commission on May 22, 2023. 

“I offer my sincere congratulations to Anna Gomez on her nomination to serve as FCC Commissioner. Her extensive and deep public service record at the FCC, NTIA, Congress, the White House and, most recently, at the State Department in the Bureau of Cyberspace and Digital Policy ensures that the U.S. stays on the cutting edge of the rapidly moving communications landscape. As a distinguished communications policy expert, Ms. Gomez would bring a unique and valuable perspective to the Commission. I also want to congratulate Commissioners Brendan Carr and Geoffrey Starks on their nomination to serve additional five-year terms as FCC Commissioners.”  

“UTC’s member electric, gas and water utilities are empowering communications to support the safe, reliable, and secure delivery of energy and water services. We look forward to working with Ms. Gomez and the entire Commission to ensure the reliability of mission-critical communications that underpin the utility industry and that depend on access to interference-free spectrum, and we look forward to working with Ms. Gomez and the Commission to promote policies to provide funding for last-mile and middle-mile broadband networks that utilities are deploying in unserved and underserved areas,” Beck continued. 

Arlington, VA—May 10, 2023—The Utilities Technology Council (UTC) announced today that Ron Beck, former UTC Board Chair, will serve as the association’s Interim President and CEO.

Mr. Beck, who begins his duties today, will serve in the position until the UTC Board of Directors hires a permanent President and CEO.

“I can’t think of a better person to fill the role of Interim President and CEO than Ron,” said UTC Board Chair Dewey Day. “His decades of industry experience and service to UTC will give our members and staff the leadership and support necessary to keep moving UTC forward as it continues to serve our members and fulfill its mission of shaping utility mission-critical technologies by driving innovation, fostering collaboration, and influencing public policy,” Day continued.

Beck, Senior Network Engineer, Central Lincoln PUD, has a deep history of involvement with UTC, including serving as Board Chair from 2011-2012. Beck currently serves on the UTC Leadership Advisory Committee. He has also served as the association’s Technical Division Chair, Information Technology Section (now the IT/OT Committee) Chair, Regional Division Chair, and Region 9 Chair, among others.

Beck has worked as Senior Network Engineer at Oregon’s Central Lincoln PUD for nearly 31 years, joining the utility in July 1992. He is responsible for designing, engineering, and construction of the utility’s telecommunications systems, local and wide area networks, and cyber security systems. Beck also served nearly 20 years as Director-Zone 3 of the Lincoln County Public School District.

“It is an honor to be asked to serve UTC and its members as Interim President and CEO, and to lead an association that represents all types of utilities in all parts of the country,” said Beck. “As it turns 75 this year, I want to see UTC more active than ever, and my goal is to give UTC and its staff the support they need to continue to move forward and provide top-level service to our members and their communities.”

Arlington, VA—May 9, 2023—Utilities Technology Council (UTC) President and CEO Sheryl Osiene-Riggs today announced that beginning May 3rd, 2023, Kevin Lynch, Senior Director, Finance and Operations, and Interim Vice President, Finance, has been named Vice President, Finance. Osiene-Riggs said that Lynch brings a depth of financial experience to the position that will strengthen the association’s fiscal and financial bottom line. 

“I’m excited and proud to announce that Kevin will be assuming the role of Vice President, Finance. This promotion is the result of hard work, dedication, and proven results. Kevin’s experience in finance and with UTC will help the association maintain its record of strong financial stewardship in service of our mission and vision,” Osiene-Riggs said. “Kevin already has a great track record at UTC, and we are confident that he will build on the Finance Department’s successes in his new role.” 

Lynch Joined UTC in October 2018 as Manager, Accounting and Administration, and has more than 25 years of experience with both for- and non-profit organizations. During his tenure at UTC he also oversaw the association’s IT operations. Prior to joining UTC, he held financial positions at the Investment Company Institute and the American Geophysical Union. As Vice President, Finance, he and his team will be responsible for managing UTC’s budget and ensuring the association is in compliance with fiscal audit regulations.   

Lynch received his Bachelor’s degree in Accounting from North Carolina A&T University in Greensboro, NC. 

Arlington, VA—May 9, 2023—

The Utilities Technology Council (UTC) expresses its appreciation for outgoing President and CEO Sheryl Osiene-Riggs, who leaves the organization today after three years as its head.

Osiene-Riggs joined UTC in 2017, serving as Director, Finance and Operations before becoming Vice President, Finance and Operations in 2018. In 2019, she was promoted to Senior Vice President, Finance and Operations before being named Interim President and CEO later that year. In 2020, Osiene-Riggs was named President and CEO.

UTC is a global trade association representing electric, gas, and water utilities in their mission-critical information and communications technologies. The UTC Board of Directors will work to name a new President and CEO that will build on Osiene-Riggs’ success and continue the association’s momentum as it continues to work on behalf of its members and the communities they serve.

Osiene-Riggs began her tenure as President and CEO during the COVID pandemic and lockdown, a time of unprecedented challenges and uncertainty for the industry and country. She became UTC’s 3rd female President and CEO and the first woman of color to lead the only utility trade association that represents all types of utilities. Shifting its operations to ensure business continuity and staff safety during the pandemic, Osiene-Riggs worked with the UTC Board of Directors to ensure it and the staff had the support and resources needed to continue operations without interruption of service.

During her time as President and CEO, Osiene-Riggs continued to evolve UTC’s staff structure and operations to ensure the association could best represent its members. In addition to focusing on UTC’s communications to its members and the industry, she also worked to make cybersecurity and protection of the grid a key element of the Advocacy Department’s portfolio. Osiene-Riggs also placed UTC at the forefront of discussions around the development of the industry’s future workforce, partnering with the Center for Energy Workforce Development and its planning and outreach efforts. During her tenure, UTC also passed a new multi-year strategic plan and underpinned the association’s financial strength, overseeing three straight years of clean audits.

“Being a part of UTC has been a highlight of my life, and I am proud of everything it and its staff have accomplished over the past three years,” Osiene-Riggs said. “I want to thank our Board and Executive Committee for the support they have given me and my vision for the association. I also want to thank each and every member of the UTC staff for the tireless work they do every day to serve UTC’s members and the industry. It is hard to leave an organization and colleagues I believe in with all my heart, but I know that UTC’s best days are ahead of it. And last but certainly not least, I want to thank my family for coming on this journey with me and say that I couldn’t have done it without their constant love and support.”

Arlington, VA—April 19, 2022—

The following statement may be attributed to UTC President and CEO Sheryl Osiene-Riggs.

“The Utilities Technology Council (UTC) commends Representative Eshoo for her continued leadership in reintroducing The Community Broadband Act. Today, Internet access has become a necessity for the American people, and this legislation will help to close the digital divide. Public power utilities and electric cooperatives are uniquely positioned to promote access to robust, reliable, and affordable broadband service, yet 22 states currently restrict or prohibit them from offering broadband. The Community Broadband Act will help preempt those restrictions, which are a vestige of the past, written to protect incumbent providers, and now serve only to widen the digital divide. For many years, utilities have been successfully deploying broadband infrastructure and/or providing broadband internet service to their communities. The Community Broadband Act will enable all utilities in every state across the nation to promote access to robust, reliable, and affordable broadband for all Americans.”

This February, we celebrate the doers, changers, and makers working towards a more diverse and equitable world. Since the beginning of our history in the United States, African Americans have been pushing the limits imposed on us and defying the odds.

I have the pleasure of working in an industry filled with engineers, and I would like to honor a few African American engineers and inventors that changed the game. The inventions of Marian Rogers Croak, VP of Engineering at Google, enable us to enjoy remote work and conferencing as we know it by inventing VoIP, the technology that allows us to call and conference over the internet. The late Jesse Ernest Wilkins Jr. in addition to being the youngest student ever, attending college at age 13, developed the approach of estimating the distribution of neutron energies within nuclear reactors, on the theory on which all modern nuclear reactors are designed. Both Rogers Croak and Wilkins fundamentally changed the way the world works, and our world has been made infinitely better by their contributions.

In 2023, as we mark 50 years of hip-hop and the acceptance of Black culture and art into the mainstream, we do so against the backdrop of continued violence and hate against African Americans. These moments of strife that punctuate our celebrations of history and progress remind us that even though we have come so far, there is still work to be done.

In the words of The Color Purple author Alice Walker, “The most common way people give up their power is by thinking they don’t have any.” This February, take time to reconnect with the power within yourself.

Bennett-Jolly Provides Organization with a Depth of Strategic and Management Experience

 Arlington, Va.—February 24, 2022–Utilities Technology Council (UTC) President and CEO Sheryl Osiene-Riggs today announced that beginning February 21, 2023, Tiffany Bennett-Jolly rejoined UTC as the organization’s Chief Strategy Officer.  Bennett-Jolly is in her second stint at UTC after previously serving for more than four years as Senior Director, Membership and Information Technology and Director of Membership and Information Technololgy. She also served as a contractor in 2022, assisting UTC’s Vice President, Operations, with planning the organization’s 2022 Telecom & Technology annual conference. Osiene-Riggs said that Bennett-Jolly brings a depth of industry, strategic and organizational, and association experience to the new position that will strengthen UTC’s operational and strategic activities as it serves its members and the utility industry.

“I’m excited and proud to announce that Tiffany is rejoining UTC in this exciting and important new role.  Her experience and deep knowledge of UTC, it’s mission and vision, and strategic goals will help UTC even more effectively service its members and respond to a rapidly changing industry environment by shaping the future of utility mission-critical technologies,” Osiene-Riggs said.  “Tiffany already has a great track record with both UTC’s members and staff, and we are looking forward to her building out this new role.”

Prior to rejoining UTC, Bennett-Jolly was the principal of her own company, BennMar Consulting LLC. She has also held positions in national trade associations with responsibilities focusing on Board and membership relations and outreach, a combination of experience and skills that she will bring to her new position at UTC in addition to working closely with Osiene-Riggs and UTC Chief of Staff Teesa Banks in managing and setting both the strategic and daily agenda for the association.

Bennett-Jolly has a BA in Communications from the University of Maryland, as well as a Masters, Business Administration, from the University of Maryland, Global Campus.

UTC staff bios are available on the UTC website: https://2026.utc.org/utc-staff/.

Washington, DC —January 6, 2023—

The Utilities Technology Council (UTC) applauds President Biden’s appointment of the Honorable Commissioner Willie Phillips to serve as Acting Chairman of the Federal Energy Regulatory Commission (FERC). Acting Chairman Phillips has been a FERC commissioner since November 2021 and will now be the first African American to hold the position of Acting Chairman.

“On behalf of UTC and its members, I applaud President Biden for appointing Commissioner Phillips to serve as Acting Chairman of the Federal Energy Regulatory Commission. It also gives me great pleasure to personally congratulate Acting Chairman Phillips, a fellow Bison, on his new position and express how much his support for UTC and our industry means to all of us. Just last May, he gave the keynote speech at UTC’s 2022 Telecom and Technology annual conference in Oklahoma City, OK,” UTC President and CEO Sheryl Osiené-Riggs said.

“As we are reviewing lessons from the recent wide-ranging disasters all across the country and are implementing measures to further harden electricity infrastructure, it’s more important than ever to have energy leaders like Acting Chairman Phillips. His broad experience in the private and public sectors will be key to expanding the nation’s resilient, reliable energy grid and providing the best protection from natural disasters and the increasing threat of physical attacks and cyberattacks. I know Acting Chairman Phillips as one of those leaders, and I know that he will again rise to the occasion,” Osiené-Riggs continued.

UTC looks forward to working closely with Acting Chairman Phillips and the FERC commissioners on solutions to the challenges our industry is facing.

###

About UTC

The Utilities Technology Council (UTC) is a global trade association dedicated to serving critical infrastructure providers. Through advocacy, education, and collaboration, UTC creates a favorable business, regulatory, and technology environment for our members who own or operate Information and Communication Technology (ICT) systems in support of their core business. For more information: 2026.utc.org/

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]Arlington, Va.—September 27, 2022–Utilities Technology Council (UTC) President and CEO Sheryl Osiene-Riggs today announced that beginning October 3^rd, 2022, UTC Senior Legislative Assistant Eric Wagner will move to the newly created role of Manager, Advocacy.  Wagner is in his second stint at UTC after previously serving as Manager, Advocacy and Public Affairs.  Osiene-Riggs said that he brings a depth of utility industry and policy experience to the new position that will strengthen UTC’s federal and state legislative outreach.

“I’m excited and proud to announce that Eric will be taking on this new role.  Eric’s experience and longstanding connections in both the utilities and legislative and policy arenas will help UTC even more effectively service its members and respond to a rapidly changing industry environment by shaping the future of utility mission-critical technologies,” Osiene-Riggs said.  “Eric already has a great track record with both UTC’s members and staff, and we are looking forward to him building out this new role.”

Prior to joining UTC, Wagner worked at Verizon in federal regulatory affairs and carrier negotiations as well as in regulatory affairs at the law firm Skadden, Arps, Slate, Meagher & Flom.  In his new position, Wagner will build on his current work analyzing and communicating industry developments to UTC members, as well as working with members on various federal broadband grant programs, spectrum issues, pole attachment policies, cybersecurity, and more. He will also bring his analytic and project management experience to help grow UTC’s Advocacy Department and provide expert counsel to senior management.

UTC staff bios are available on the UTC website: https://2026.utc.org/utc-staff/.

###

About UTC 

The Utilities Technology Council (UTC) is a global trade association dedicated to serving critical infrastructure providers. Through advocacy, education, and collaboration, UTC creates a favorable business, regulatory, and technology environment for our members who own or operate Information and Communication Technology (ICT) systems in support of their core business. For more information: 2026.utc.org/   

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