UScellular filed a response to a December data request from the Wireless Bureau (see 2412270031) probing T-Mobile’s proposed purchase of much of UScellular’s wireless business, including some spectrum. Parts of the response were redacted. “UScellular’s spectrum and network cost challenges have limited UScellular’s relative competitive presence in its footprint,” said a filing posted Tuesday in docket 24-286. “These limitations have resulted in UScellular lagging behind its competitors and being increasingly unable to catch up to the network quality they offer.” The carrier noted that it has “substantially less spectrum depth than its competitors within its footprint,” with about 70 MHz “of aggregable spectrum below 4 GHz -- half or less than” than its biggest rivals. The company’s 600, 700 and 850 MHz licenses “cannot be aggregated and used as efficiently as possible due to mobile device limitations,” the filing said. While its devices “have the hardware to support the 600 MHz, 700 MHz, and 850 MHz bands individually, they generally lack the hardware (such as more antennas) to support spectrum aggregation.” The company said it also holds “substantial non-contiguous blocks of spectrum, particularly in the 700 MHz, AWS, and PCS bands.”
T-Mobile disputed arguments by EchoStar, parent of Dish Wireless, that T-Mobile’s proposed buy of spectrum and other assets from UScellular is designed in part to keep other companies from adding to their 600 MHz holdings (see 2501290019). EchoStar is wrong that T-Mobile is pursuing “a foreclosure strategy” as part of the transaction, said a heavily redacted filing posted Monday in docket 24-286. The transaction would include T-Mobile gaining only a “put/call option” to use a small number of 600 MHz licenses, it said. “As EchoStar well knows, a put/call option is not a cognizable interest under well-established FCC precedent, nor a plausible foreclosure strategy given the very small amount of spectrum subject to the option.”
EchoStar, the Rural Wireless Association (RWA), Communications Workers of America and other parties countered arguments that T-Mobile and UScellular made as the two battled opponents of their proposed deal (see 2501100036). The companies announced in May an agreement where T-Mobile will buy “substantially all” of the smaller carrier’s wireless operations, including some of its spectrum, in a deal valued at about $4.4 billion, including $2 billion in assumed debt (see 2405280047).
Supplemental coverage from space (SCS) service is in dire need of additional spectrum, AT&T Assistant Vice President-Public Policy Navid Motamed said Monday during an FCBA CLE. Regulatory and company speakers also noted that SCS issues of cross-border interference and coordination need to be settled. While some nations are crafting SCS rules frameworks, others are in a wait-and-see stance.
EchoStar certified on Friday that, as of the end of 2024, it offers 5G broadband service to more than 268 million people in the U.S., or 80.08% of U.S. POPs. In addition, it has “begun offering a low-cost 5G plan and device to consumers nationwide,” said a filing in docket 22-212: “This plan offers mobile data and voice with 30 GB of data per month for $25.00 to both prepaid and postpaid customers. EchoStar also offers an EchoStar-certified 5G device for $109.99.” The company offered updates in an appendix on the build out of its network using 600 MHz, Lower 700 E-block and AWS licenses. EchoStar also filed granular data on its coverage areas, which was redacted from the public filing.
NextNav countered a recent International Bridge, Tunnel and Turnpike Association (IBTTA) study on the interference risk of the company’s proposal to reconfigure the 902-928 MHz band “to enable a high-quality, terrestrial complement” to GPS for positioning, navigation and timing (PNT) services (see 2404160043). IBTTA’s assertion “that the 5G base stations NextNav’s proposal contemplates will operate at more than 600 times the power level of current operations is accurate only if one disregards the limits of base station equipment, commercial incentives, and urban power limits, and then assumes operations at the extreme outer limits of the Commission’s rules for rural areas,” said a filing posted Friday in docket 24-240. “While NextNav requested a three-watt power limit for user equipment, the vast majority of devices, including all devices that can operate inside vehicles, will have 200-milliwatt maximum conducted output power with even lower [equivalent isotropic radiated power] due to negative antenna gain,” NextNav said. The IBTTA study was filed last month at the FCC by a coalition led by the U.S. Chamber of Commerce.
Senate Intelligence Committee Chairman Mark Warner, D-Va., said during a Thursday Punchbowl News event he would prefer the chamber pursue a middle-ground between the Spectrum and National Security Act (S-4207) and 2024 Spectrum Pipeline Act (S-3909) as a legislative package for renewing the FCC’s lapsed airwaves auction authority. He also voiced concerns about the Biden administration’s implementation of $65 billion in broadband money from the Infrastructure Investment and Jobs Act, echoing criticisms congressional Republicans raised about how long it has taken for funded projects to come online.
The FCC Wireless Bureau and Office of Economics and Analysis have approved T-Mobile’s buy of 600MHz spectrum licenses from LB License, said an order in Wednesday’s Daily Digest. “After carefully evaluating the potential competitive effects of the proposed assignment, we find that the likelihood of competitive harm is low,” the order said. T-Mobile has leased the spectrum from LB since 2020, the order said. EchoStar filed a petition to deny the deal, arguing that it would harm competition, but the agency disagreed. “We find that, post-transaction, the likelihood of competitive harm remains low in the markets that are the subject of this transaction,” the order said.
CTIA President Meredith Baker warned Tuesday that the U.S. will fall behind other countries unless Congress restores FCC auction authority, in remarks to the Mobile World Congress in Las Vegas. Baker quoted Paul Milgram, the economist whose work led to the first spectrum auction. The loss of auction authority is “nuts,” she said. The agency’s auction authority lapsed in March 2023 (see 2303100084).
The FCC approved a spectrum swap between T-Mobile and Horry Telephone Co-op (HTC), said an order by the Wireless Bureau and Office of Economics and Analytics in Wednesday’s Daily Digest. T-Mobile and HTC agreed to exchange 20 MHz of HTC’s 600 MHz spectrum for up to 25 MHz of T-Mobile’s cellular spectrum in four counties in South Carolina. T-Mobile also acquired 10 MHz of HTC’s 600 MHz spectrum in two counties in North Carolina. Post-transaction, T-Mobile will hold 293-338 MHz, including 74 MHz of below-one-GHz spectrum, and HTC 92-137 MHZ, including 12-37 MHz below 1 GHz spectrum, in the South Carolina markets, the order said. T-Mobile would hold 390 MHz, including 76 MHz below 1 GHz, in the North Carolina counties. The FCC noted that only EchoStar objected, citing spectrum aggregation concerns. “Based on our review of the record and our market-by-market analysis, we find that the likelihood of competitive harm is low in the markets that are the subject of these transactions, despite T-Mobile’s increase in total spectrum holdings and low-band spectrum holdings,” the FCC said: “We disagree with EchoStar that the proposed assignments would disserve the public interest.”