Wireless Spectrum Auctions

A coalition of companies interested in unlicensed use of the 6 GHz band filed an FCC report explaining how the companies believe the band can be opened without harmful interference to incumbents. Industry officials said the report responds to concerns raised by the FCC, particularly Julius Knapp, chief of the Office of Engineering and Technology, who asked for details on an interference mitigation strategy. Commissioner Mike O’Rielly indicated his support and urged action.

Commissioner Jessica Rosenworcel Wednesday urged the FCC to release a spectrum calendar, listing the dates of spectrum auctions. “Make public a #spectrum calendar, identifying what #wireless bands will be brought to market in the future,” Rosenworcel tweeted. “It can start with 28, 37, 39, and 3.5 GHz. The sooner we make our plans -- for licensed and unlicensed airwaves -- clear, the stronger our #5G future.” The FCC has been in limbo over auctions. Chairman Ajit Pai says the agency won’t hold any spectrum auctions until Congress approves legislative language that would let auction deposits be sent directly to the Treasury Department (see 1801160034). Pai says the Communications Act requires deposits placed by bidders in spectrum auctions be sent to the Treasury. “Recent regulatory requirements have dissuaded private institutions from holding upfront payments,” he testified to the House Communications Subcommittee in October. “Public institutions have indicated that they will not set up the special purpose accounts that would be necessary to offer such services. As a result, no financial institution will accommodate the holding of upfront payments in an interest bearing account for a large spectrum auction.” An FCC spokesman said Pai has been clear on the issue.

CTIA stressed the importance of high-frequency spectrum to wireless operators and urged the FCC to finalize rules for numerous bands, in a filing in docket 14-177 in response to a second Further NPRM on spectrum frontiers. “Millimeter wave spectrum will play a vital role in supporting the successful roll-out of next-generation products and services for American consumers, particularly as we race with other nations to lead in 5G, and the Commission’s efforts in this proceeding have been instrumental in achieving that goal.” The FCC should “promptly seek comment on auction procedures to allow the rapid auction” of the 24, 28, 37/39 and 47 GHz bands, it said. Also in CTIA’s crosshairs -- allocation of the 29, 31, 32, 42 and 50 GHz bands. The FCC should also “prioritize the identification, allocation, and licensing of additional spectrum for exclusively licensed terrestrial flexible use,” the group argued. The 26 GHz band should be “allocated for flexible, exclusive use licensing, as international entities have focused on this band for the deployment of 5G services,” CTIA said. Separately, CTA said the FCC should both make more spectrum available and lay out a timetable for future auctions. “These next generation services and applications will improve consumers’ lives, make industry more efficient, power smarter cities and government, foster American leadership, and create new jobs,” CTA commented. Making "this spectrum available brings opportunity for investment, innovation and competition, all of which the Commission must be mindful when finalizing the [millimeter wave] band service rules,” the Competitive Carriers Association said. If the agency gets the rules right, CCA members could “develop next-generation technologies,” from 5G to the IoT “on an equal playing field with the largest carriers,” it said.

Commissioner Mike O’Rielly said Monday he was asked by Chairman Ajit Pai to help build support on Capitol Hill for addressing FCC auction authority. “I’ve pushed as hard as I possibly can and will continue,” O’Rielly said, saying he testified on the importance of a fix and discussed it in Hill meetings. Sometimes Congress needs an “incident” to happen before it's willing to move, he told reporters. He also said he's confident the FCC's net neutrality repeal won't be overturned by lawmakers or courts.

T-Mobile officials met with FCC Wireless Bureau staff on antenna standard rules for the 70 and 80 GHz bands. “Since the conclusion of the incentive auction, T-Mobile has been rapidly expanding and strengthening its LTE network and laying the groundwork for a nationwide 5G network using its 600 MHz spectrum,” T-Mobile said in a filing in docket 10-153. “Critical to the success of these efforts is access to gigabit backhaul.” T-Mobile said it has found that the bands, with their light licensing approach and 10 GHz of available spectrum, are “ideally suited to providing rapid access to these essential links which will provide high speed connections between access points and T-Mobile’s core network.”

Wireless industry lawyers see no wiggle room on FCC Chairman Ajit Pai's position that the agency won’t hold any spectrum auctions until Congress approves legislative language that would allow auction deposits to be sent directly to the Treasury Department (see 1710240065 and 1710250026). The stance raises questions about when the FCC will hold the first auction of high-frequency spectrum, which is a key building block of 5G. AT&T and other industry players want an auction of the 28 GHz and 37-40 GHz bands by December (see 1711150022).

The FCC needs "to make both mid- and high- band spectrum available to enable the full suite of 5G services," said T-Mobile, which said it would launch 5G in the 600 MHz band. In meetings with Commissioners Brendan Carr and Mike O'Rielly and aides, "We discussed actions and plans by countries around the world to provide mid-band spectrum, including in the 3.5-4.2 GHz range for 5G services and the need for the Commission to move rapidly to make spectrum in this range available in the U.S.," said a filing posted Friday in docket 17-258. "To preserve U.S. leadership in wireless technologies, we urged the Commission to complete the rulemaking proceeding intended to update the regulations governing 3550-3700 MHz band and to initiate steps to auction Priority Access Licenses in that band in 2018." T-Mobile sought an NPRM "covering, and [to] otherwise accelerate its consideration of, the use of the 3.7-4.2 GHz band for terrestrial mobile broadband networks," the company said. "We discussed the need to move quickly to auction the millimeter wave bands allocated for terrestrial mobile use in the Spectrum Frontiers proceeding. ... Auctioning all bands together will result in a more robust and competitive auction."

LAS VEGAS -- The move to 5G is a top priority for NTIA, said Administrator David Redl in remarks Tuesday at CES, one of his first major policy addresses since he took the job late last year. “We must do everything we can this year and beyond to accelerate America’s 5G leadership,” Redl said. “CES is a great showcase of how high-speed connectivity has driven economic growth and innovation in this country and around the world.”

LAS VEGAS -- Relations among FCC members remain the same as they were before the highly charged net neutrality debate resulting in last month’s vote overturning the 2015 net neutrality rules, Commissioner Mignon Clyburn told us at CES Tuesday. Clyburn joined Commissioners Mike O’Rielly and Brendan Carr on a CES panel Tuesday, amid tight security. Meanwhile, preoccupying CES Wednesday was a blackout that struck the Las Vegas Convention Center's Central Hall and kept that portion of the show in total darkness for several hours. Later in the day the blackout was blamed on the torrential rains that poured down on Las Vegas Tuesday.

The FCC Incentive Auction Task Force and Wireless Bureau approved the long-form applications for 600 MHz licenses bought in the broadcast incentive auction, said a public notice Tuesday. Licensees of the 75 new licenses included Spectrum Financial Partners, with 23 licenses, and Tstar 600, with 12. The agency approved the first grants of licenses bought in the auction in June (see 1706140048).