The 12 GHz NPRM adopted last week (see 2101130067) and released Friday has the FCC considering two potential future uses of the band: increased terrestrial use of the shared band, or the status quo framework that sees it allocated on a primary basis for direct broadcast satellite, fixed satellite service (FSS) and fixed service. The agency asked in the NPRM about such issues as the technical parameters that could allow additional terrestrial use of the band without harmful interference to incumbents, including whether existing multichannel video and data distribution service criteria would protect non-geostationary orbit FSS from interference from higher-power two-way mobile operations. Noting arguments that NGSO FSS isn't dependent on the 12 GHz band, the FCC sought comment on those views "but reiterate[s] that we are focused on protecting incumbent licensees, including incumbent NGSO operators, from harmful interference in this proceeding." It asked whether the indoor 12 GHz unlicensed devices would be a suitable option for the need for enterprise IoT devices in locations such as confined geographic areas, buildings and campuses. It sought comment on three options for authorizing terrestrial service rights: modifying the licenses of existing licensees or auctioning either overlay or underlay licenses in the band.
FTC Chairman Joe Simons will step down Jan. 29, the agency announced Tuesday (see 2011130044). Also, Commissioner Rohit Chopra will leave the commission to head the Consumer Financial Protection Bureau, the Biden transition team announced Monday. Chopra previously was CFPB assistant director. Simons said “as technology and our economy continue to evolve through the digital age, the FTC’s staff work tirelessly so that consumers continue to benefit from a fair and competitive marketplace.” Other senior staff leaving: General Counsel Alden Abbott (see personals section, Jan. 14), Competition Bureau Director Ian Conner, Competition Bureau Deputy Directors Gail Levine and Daniel Francis, Consumer Protection Bureau Director Andrew Smith, Economics Bureau Director Andrew Sweeting, Office of Public Affairs Director Cathy MacFarlane and Office of Policy Planning Director Bilal Sayyed.
Communications Decency Act Section 230 becoming a big issue was a "remarkable turn of events," FCC Chairman Ajit Pai said during an FCBA virtual event Thursday: "I still can't believe that a $740 billion defense bill got vetoed over a telecom issue." FCBA bid farewell to Pai as FCC chairman, with predecessors welcoming him to life post-commission, including Newton Minow, Richard Wiley and Julius Genachowski. Another former chairman, NCTA CEO Michael Powell, said Pai joins the "Former Chairman Hall of Lame," adding he will have to "turn in that huge Reese's mug" that Pai drinks from during monthly commissioners' meetings. Other commissioners, past and present, thanked Pai for his efforts to expand access to 5G and spectrum, among other things. Pai acknowledged there's a long line of potential successors (see 2012310023) and offered an additional suggestion: the Philadelphia Flyers mascot, Gritty. Pai cracked jokes, as FCC chiefs would do in a non-pandemic year at FCBA's annual in-person chairman's dinner. He quipped that FCBA wanted to set up the event at the Washington Hilton but instead booked it at Washington Hilton Total Landscaping. Pai joked his separation due to working from home from Commissioner Brendan Carr was "too much to bear." And in a nod to campaign ads, Pai said "at this point, I think it is only appropriate to acknowledge and to congratulate the winner of the 2020 election -- American broadcasters." He said the commission has remained busy and noted the C-band auction passed $80 billion (see 2101070053). Pai ended by raising his Reese's mug, saying there will be a "big mug to fill" (see 2011300032) and thanking staff: "We made it, and we made it together."
Ajit Pai said the FCC hasn’t backed down on tough decisions on his watch. He highlighted net neutrality, the C band (see 2101150061), Ligado and Tribune's aborted buy of Sinclair. Pai said the American Enterprise Institute Friday virtual speech was his last as FCC chairman. Buying Sprint meant T-Mobile has its "high-band and low-band assets, and Sprint’s midband assets" and "they’re now competing in 5G” with service to 250 million Americans, he said. The deal likely led to the high level of competition in the C-band auction that closed Friday, he said. Pai said all opposition hasn’t come from the left. On Sinclair, Pai noted he was surprised when President Donald Trump tweeted in 2018 criticizing the FCC decision to issue a hearing designation order on Sinclair's proposed buy of Tribune (see 1807250057). Pai said he was made aware of the tweet when people started to call. “My phone started blowing up, more so than usual,” he said. “As the merger review process unfolded, serious questions came to light about whether Sinclair was willing to take the steps necessary to bring the proposed transaction into compliance with our national ownership rule,” Pai said: While he’s no fan of the rule, “so long as it’s on the books, it must be obeyed.” Pai said the agency also stood strong in light of opposition to the FCC’s proposals on opening the C band to 5G and on Ligado: “Time and again, we did what was right."
The FCC closed the first stage of the C-band auction Friday at $80.9 billion, not including about $13 billion in additional accelerated clearing payments (see 2101070048). All 5,684 spectrum blocks were sold. The FCC will next release the list of winning bidders. “The winning bidders, at least, perceive … tremendous value in acquiring the C-band spectrum and monetizing it over the course of the coming years, through the deployment of 5G services within an accelerated time frame,” Chairman Ajit Pai said at an American Enterprise Institute event Friday. Asked whether the costs will cause difficulties for carriers in building out their networks, Pai said that’s “a very good question” and deferred “to economists and those in finance” who monitor carrier balance sheets. Pai said offering the band through a standard spectrum auction was the right course. “After months of back-and-forth with stakeholders, we had serious concerns about the plans that were submitted for the private sale and whether it would be run competently,” he said: “In contrast, the FCC had a quarter-century track record of performing successful and transparent spectrum auctions.” S&P Global Ratings said the auction “will have a significant effect on balance sheets for U.S. wireless operators.” The nationwide average price per MHz/POP across all categories was 94.2 cents, BitPath Chief Operating Officer Sasha Javid blogged Friday. That's about 4.3 times the 21.7 cent price per MHz/POP for the spectrum sold in the citizens broadband service auction, he said. The most expensive license was for Red Oak, Iowa, which closed at $2.835 MHz/POP, and the most expensive top 20 market was San Diego, at $1.773, he said. The auction offered 280 MHz, rather than the 65 MHz in the AWS-3 auction. “This is why total gross proceeds in this C-band auction skyrocketed past the $44 billion raised in the AWS-3 auction to become the highest gross auction of all time,” Javid said. “We have heard the term ‘beachfront’ used to describe various bands over the last several years," wrote Wiley’s Ari Meltzer. "The market has spoken, and it has confirmed that mid-band has the view and the amenities.” The auction “showcased the critical need of the mobile wireless industry to have access to an important portfolio of spectrum to support connectivity for citizens, the economy, and U.S. technology leadership,” said Chris Pearson, president of 5G Americas. “This record-breaking spectrum auction demonstrates the wireless industry’s commitment to leading the emerging 5G economy and underscores the importance of developing a robust pipeline of spectrum auctions,” said CTIA President Meredith Baker.
The new Joe Biden FCC should embrace the Office of Economics and Analytics created under Chairman Ajit Pai, Thomas Lenard, president emeritus of the Technology Policy Institute, blogged Thursday. “All indications are the OEA is off to a good start,” Lenard said. “As the new leadership takes over at the FCC in January, it should build on these efforts so that going forward the Commission’s regulatory and other actions can be better informed by rigorous economic analysis.” Net neutrality is approached by both sides with “quasi-religious fervor,” and “an objective economic analysis of any new proposal might help clarify the issue,” he said.
Federal law enforcement agencies must provide more transparency and “timely, vital information” about the Jan. 6 attack on the U.S. Capitol and possible future attacks, said trade groups and journalism advocacy organizations in a letter Thursday to DOJ, the Department of Homeland Security, the Capitol Police, the FBI and others, according to an NAB news release. Other signers included the National Association of Black Owned Broadcasters, News Media Alliance and Radio Television Digital News Association. "The agencies must share information about possible civil unrest in the days leading up to Inauguration Day, January 20, through frequent and regular in-person press briefings,” the letter said. The information is needed to allow the public and news outlets to protect themselves, the letter said. The Jan. 6 incident could spur action on legislation to protect journalists, some groups say.
The Enterprise Wireless Alliance warned the FCC that all states may not be ready to move forward with new rules for the 4.9 GHz band, approved 3-2 in September (see 2009300050), under which states will assign use of the spectrum. APCO raised concerns about the FCC’s order in general, in comments due Wednesday in docket 07-100. Commissioners Jessica Rosenworcel and Geoffrey Starks dissented to the order, and experts say its future is in question (see 2012300047). The proposal is “novel,” EWA said: “It will require states to take on spectrum management and leasing duties for which some have little or no experience, and perhaps limited interest. While there are parties with expertise available to help guide them, this is not an undertaking that will proceed smoothly and at the same pace in all states, whether or not a State Band Manager also is involved.” The FCC will need to stay involved and oversee the process, the alliance said. Reconsider the order, APCO said. “The new approach to expanding use of the 4.9 GHz band is unlikely to promote public safety or the Commission’s spectrum utilization goals,” APCO commented: “Continuing with this ill-conceived model for fragmented state-by-state spectrum leasing would be a mistake.” Lift the 4.9 GHz freeze, urged the California Department of Transportation. Freezing incumbents in place is “severely disruptive to state and local entities that have operational needs requiring continued access to the 4.9 GHz spectrum and prevents system expansions for months and possibly longer,” the department said. Protect 4.9 GHz incumbents “against interference and signal degradation as states enter into lease arrangements,” it said. Federated Wireless called for a spectrum management system comparable to what’s in place in the citizens broadband radio service band. Similar to CBRS, “the 4.9 GHz band currently supports operations by disparate users, including radio astronomy, naval training operations, public safety and critical infrastructure operations,” Federated said: “As the Commission expands access to the band to include non-public-safety, flexible-use lessees, the number of users and uses will continue to grow.” Make use of the sharing technologies used in other bands, said Nokia. “Encourage cross-jurisdictional cooperation, whether between states or on a regional basis,” it advised: “While we believe that the band could be useful for small-scale enterprise deployments, certain critical infrastructure providers (such as railroads and utilities) and carriers could span multiple states.” The Wireless ISP Association said its members are interested in the spectrum. More use of the band “will trigger investment and promote public safety use,” WISPA said: The band “has commercial value to WISPs even if it isn't 5G spectrum. For evidence, the Commission need look no further than the nearby 5 GHz U-NII bands, where commercial investment and deployment have flourished because the Commission’s rules do not dictate particular standards, uses or users.”
NATOA met with President-elect Joe Biden’s FCC review team in late December to highlight the impact of small-cell policies and other commission actions, General Counsel Nancy Werner said Wednesday. “The FCC has drastically limited the local role in deployment of communications services that are essential to ensuring that everyone has access to jobs, education, healthcare, information, entertainment and the digital world.” Small-cell policies “prevented municipalities from working with the private sector to direct resources to un- and under-served areas, despite successful partnerships in San Jose, California, and elsewhere prior to the FCC’s preemptive actions,” Werner said. “Though decades of local cable franchising has resulted in cable companies being the largest providers of broadband services in the country, the FCC has undercut those agreements and hampered local public, educational, and governmental (PEG) access channels.” Localities challenged the FCC’s 2019 cable local franchise authority order in the U.S. Court of Appeals for the 6th Circuit (see 2009020052). They challenged 2018 wireless infrastructure orders on small cells and local moratoriums in the 9th Circuit (see 2009290047).
Noting the Department of Homeland Security's national special security event designation for the presidential inauguration of Joe Biden, the U.S. Court of Appeals for the D.C. Circuit said Wednesday that the Prettyman Courthouse complex, which houses that court and the U.S. District Court for the District of Columbia, will be closed to the public and staff through Jan. 21. It said oral arguments Thursday and Friday will be heard at the scheduled time.