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.
The FCC's new rules setting a list of covered communications equipment and services determined to be a national security risk take effect March 15, says Wednesday's Federal Register. Eligible telecom carriers that receive USF funds must remove such equipment or services, and all providers of advanced communications services must report whether their networks include any covered equipment acquired after Aug. 14, 2018. The rules also establish the Secure and Trusted Communications Network reimbursement program, which gives smaller providers funds to "rip and replace" such equipment (see 2011190059).
Chairman Ajit Pai said Tuesday a top challenge for the next FCC is the rising USF contribution factor (see 2012150018). “The current funding mechanism is regressive, hitting low-income Americans and seniors the hardest. We need to fix this problem, and fix it soon,” he said. Pai repeated his support for setting aside auction funds for broadband deployment in unserved communities and suggested Congress allocate $50 billion to fund USF for the next five years so lawmakers can identify a better contribution system. Pai also touted his efforts to close the digital divide during the event with the Multicultural Media, Telecom and Internet Council and National Grange. It's one of several events he is attending as he prepares to leave Jan. 20. Pai called the Rural Digital Opportunity Fund (see 2012070039) his proudest initiative, saying it will “connect millions of Americans living in some of the hardest-to-serve places.” He continued responding to critics that providers may be unable to provide the services they successfully bid on (see 2012210026). The auction was “overwhelmingly a success,” he said. “There will always be those who are upset that other people are getting the money instead of themselves.” Part of the COVID-19 relief law provided funds to improve broadband mapping before the RDOF Phase II auction. “I hope that the next FCC will approach that phase with vigor,” Pai said. With millions relying on internet access for work and education, the $3.2 billion emergency broadband relief fund (see 2101070052) “will go a long way,” Pai said: “Our staff is moving quickly to stand up this program to help consumers who need that help." Pai touted his efforts to close the digital divide by visiting 49 states and two U.S. territories -- he would have visited all 50 if not for the pandemic, he joked. “I learned about a woman who was found dead in her home, clutching her cellphone,” Pai said. The woman dialed 911 38 times, but the calls never went through, Pai said: “There just wasn’t wireless coverage in her area.” The pandemic underscored the need for access to telehealth services, he said, praising the commission’s efforts to increase the budget for the rural healthcare program.
FCBA said 19 employers are in its inaugural diversity pipeline program, which will facilitate technology, media and telecom internship placements for law students. It said Monday that participating law firms are Davis Wright, Harris Wiltshire, Hogan Lovells, Kellogg Hansen, Kelley Drye, Lerman Senter, Mintz, Wilkinson Barker, Wiley and Willkie Farr. Also participating are ACA Connects, CTIA, NCTA, USTelecom, AT&T, Charter Communications, Comcast/NBCUniversal, T-Mobile and Verizon. The program remains open to employers in the Washington area through Jan. 18, said FCBA. Students may apply until Friday. “As the Tech Bar, the FCBA has real power to drive meaningful diversity, inclusion, and equity, and it is our responsibility to do so,” said President Natalie Roisman. Such efforts were discussed in our recent Special Report on diversity (see here and here).
The FCC dismissed petitions for reconsideration of a July order updating rules for finding the vertical location of wireless callers to 911 (see 2007160055). The vote was 5-0 with Commissioner Jessica Rosenworcel concurring. CTIA sought reconsideration in September, citing COVID-19 delays (see 2009290024). APCO asked the agency to require providers to deliver dispatchable location for a minimum percentage of 911 calls. “We dismiss the petitions as procedurally defective and, as an alternative and independent ground for resolving the issues raised, we deny the petitions on the merits,” said Monday's order.