The 5G race in North America is underway. In the United States, the Federal Communications Commission (FCC) includes “pushing more spectrum into the marketplace” as the first priority in the agency’s 2016 5G FAST Plan. The FCC initially focused on allocating mmWave, in part because sub-6 spectrum in the 3 and 5 GHz range is exclusively allocated to agencies including the Department of Defense (DoD). Critics have argued that prioritizing mmWave, which can only travel short distances and may be blocked by walls or other barriers, limits the value of 5G outside urban environments. In addition, scientists from NASA, NOAA and academia have petitioned Congress that active mmWave transmission threatens weaker, passive signals required to carry data from satellite observation systems back to Earth.
The FCC’s second priority is to speed up federal and local review of 5G network deployments, and increase private sector investment. To decrease carrier costs, the FCC limited federal requirements of new small cell 5G deployments under the National Historic Preservation Act and National Environmental Policy Act, and decreased carrier fees to Tribal Nations. To streamline local deployment, the FCC placed ‘shot clocks’ on municipalities to give approval decisions on carrier applications for small cell deployments within a deadline. The FCC’s third priority is to update regulations, including by promoting the expansion of networks by shifting Internet Service Provider regulation from a utility-based to a market-based approach, lifting rate regulation on fiber networks for business, and imposing ‘one touch’ requirements on carriers to expedite removal of old equipment.
While the FCC’s 5G FAST Plan was a foundational domestic policy, later efforts have focused on key aspects of 5G including security. In 2019, the Executive Order on "Securing the Information and Communications Technology and Services Supply Chain" first declared a national emergency and then prohibited financial transactions around ICT “in which any foreign country or a national thereof has any interest.” Most importantly, the 5G and Beyond Act of 2020 was signed into law in March 2020. The bill requires the president to develop a strategy on 5G wireless technology to ensure the security of 5G and future generations of wireless technologies within the US and also to provide technical assistance to mutual defense treaty allies, strategic partners, and other countries to help mitigate security concerns. The 5G and Beyond Act also seeks to advance American competition, emphasizing the role of the private sector and encouraging leadership through participation in standards-setting bodies and processes that ensure both security and privacy requirements are met. While recognizing the role of FCC leadership, the 5G and Beyond Act identifies a much broader range of responsible parties including the President, Secretary of Commerce, Secretary of Homeland Security, Director of National Intelligence, Attorney General, Secretary of State, Secretary of Energy, and Secretary of Defense.