Ligado urged the FCC to finalize rules for the 1675-1680 MHz band, in reply comments this week in docket 19-116. Weather interests oppose Ligado's terrestrial low-power service plans for the band and its proposed alternatives for delivering NOAA weather satellite data (see 1704130023). Commissioners launched an NPRM in May seeking comment (see 1905090041).
Wireless Spectrum Auctions
The FCC manages and licenses the electromagnetic spectrum used by wireless, broadcast, satellite and other telecommunications services for government and commercial users. This activity includes organizing specific telecommunications modes to only use specific frequencies and maintaining the licensing systems for each frequency such that communications services and devices using different bands receive as little interference as possible.
What are spectrum auctions?
The FCC will periodically hold auctions of unused or newly available spectrum frequencies, in which potential licensees can bid to acquire the rights to use a specific frequency for a specific purpose. As an example, over the last few years the U.S. government has conducted periodic auctions of different GHz bands to support the growth of 5G services.
Latest spectrum auction news
Major Senate 5G security advocates say they're eyeing potential legislative vehicles to advance the Secure 5G and Beyond Act (S-893) and U.S. 5G Leadership Act (S-1625). The Senate Commerce Committee advanced both measures and the Broadband Deployment Accuracy and Technological Availability (Data) Act (S-1822) during a Wednesday markup, as expected (see 1907230048). The committee revised all three measures Wednesday. 5G and spectrum issues also came up during two Wednesday hearings on White House Office of Science and Technology Policy matters.
The FCC can't legally hold a private sale of C-band spectrum, said Michael Calabrese, director of the Wireless Future Program at New America, in a meeting with Aaron Goldberger, aide to Chairman Ajit Pai. “The Public Interest Spectrum Coalition and diverse industry parties have shown that a private auction or sale would violate Section 309(j) of the Communications Act and willfully ignore Congressional intent and precedent,” said a filing in docket 18-122. “The Commission has no legal authority to authorize, let alone oversee, a private auction. General provisions such as Sections 303(c), 303(r) and 4(i) cannot possibly provide the authority for a public or private auction that is not consistent with the explicit provisions of Section 309(j).” The best course is a traditional FCC auction, Calabrese said. The Free State Foundation called on the FCC to act swiftly on the C band in a filing Monday. “Time is of the essence in making additional spectrum resources available for commercial providers of next-generation mobile broadband services,” FSF said: “Hundreds of megahertz of new spectrum are needed to supply the future data-rich demands of American consumers and enterprises.”
The FCC Wireless Bureau approved Northern Michigan University’s (NMU) request for a waiver of the filing freeze on new educational broadband service licensees so it can add to its network. FCC commissioners approved revised rules for the 2.5 GHz band at their July meeting, with an emphasis on selling it at auction (see 1907100054). “We conclude that application of the filing freeze would be inequitable and contrary to the public interest under the unique circumstances presented by NMU,” the bureau said in a Monday order: “NMU is unique among EBS licensees -- while most EBS licensees have not built their own facilities and have leased their spectrum to commercial providers, NMU has built and operates its own LTE broadband network that covers a significant portion of the rugged, underserved territory in Michigan’s Upper Peninsula. The network is used extensively by NMU’s students and faculty, students of partner institutions, and other members of the community.”
Parties in proposed reallocation of some C band for 5G said each of their plans is the only one that makes sense, in docket 18-122 comments posted Friday. The Wireless and International bureaus and offices of Engineering and Technology and of Economics and Analytics said in a public notice Friday they were seeking comment on the band-clearing plans put forward by AT&T; America's Communications Association, the CCA and Charter Communications; and the Wireless ISP Association, Google and Microsoft. Comments are due Aug. 7 and replies Aug. 14.
The Enterprise Wireless Alliance is questioning why the FCC quietly stopped processing applications for Part 90 license renewals for the T band. A provision in the 2012 spectrum law mandates public safety agencies move off the 470-512 band by 2021 (see 1808020051). EWA complained the FCC won’t contingently renew the licenses and never released a notice saying it won’t renew licenses. The agency didn’t comment.
The FCC won Tuesday in a court challenge by former 700 MHz C-block spectrum licensee GLH in a defaulted debt case in the U.S. Court of Appeals for the D.C. Circuit. Still, GLH has options for reducing the payment demand by the regulator, said its lawyer. A judge appeared somewhat skeptical of FCC arguments at oral argument in January (see 1901090057).
House Communications Subcommittee members focused on the spectrum policy fracas between the Commerce Department and the FCC during a Tuesday hearing to a far greater extent than expected (see 1907150020). The quarrel involves NASA and NOAA concerns about potential effects of commercial use of spectrum on the 24 GHz band, sold in the recent FCC auction, on federal technology using adjacent frequencies (see 1905230037). Lawmakers also showed significant interest in the debate over the best plan for clearing spectrum on the 3.7-4.2 GHz C-band, though an industry-focused panel that appeared centered on the issue was truncated amid House votes.
The FCC made some major changes to its focus in the three weeks the 2.5 GHz educational broadband service order was before commissioners. They approved the order last week, with Democrats Jessica Rosenworcel and Geoffrey Starks dissenting to most parts (see 1907100054). A side-by-side comparison shows significant changes. While the FCC has often changed course on an item on the way to a vote, the decision of Chairman Ajit Pai to post drafts three-weeks before a meeting make the changes more apparent than they were in the past, former officials said.
Debate over the best plan for clearing spectrum on the 3.7-4.2 GHz C-band is expected to be the big draw for stakeholders during the House Communications Subcommittee's Tuesday hearing on spectrum policy issues. It won't be the only focus. Six other bands are known to be on subcommittee members' radar amid ongoing Capitol Hill interest in U.S. strategy for taking a lead role in 5G development, lawmakers and lobbyists said in interviews. The panel is set to start at 10:30 a.m. in 2322 Rayburn (see 1907100069).