A government-run C-band auction could fairly compensate satellite operators, encourage prompt relocation of earth station operations and send "a fair share" of the proceeds back to U.S. taxpayers, ABS Global CEO James Frownfelter told FCC representatives, according to a docket 18-122 ex parte posting Wednesday. ABS, also representing fellow operators Hispasat and Embratel, said T-Mobile's cleaning plan is "plainly unlawful" by not providing for bid solicitations from competing licensees. It also said making earth station operators and satellite operators bid against one another would exclude the satellite operators form meaningful participation and violate the mandate that incentive auctions encourage voluntary giving up of spectrum rights. Those operators have also opposed the C-Band Alliance plan (see 1903110059). At the meeting were Office of Engineering and Technology head Julius Knapp, Office of Economics head Giulia McHenry and staff from the Wireless and International bureaus. T-Mobile didn't comment Thursday.
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
The FCC is poised to send a message on China at the commissioners’ May 9 meeting, rejecting China Mobile’s application to provide telecommunications services in the U.S. A draft order circulated by Chairman Ajit Pai says granting China Mobile a Section 214 authorization wouldn’t be in the public interest due to national security and law enforcement risks that can’t be addressed through a mitigation agreement, a senior FCC official said Wednesday. Unlike some meetings under Pai, there isn't a broader meeting-wide theme. The FCC also will consider a previously promised FM translator interference item, revised video relay service (VRS) rules, a proposal for the 1675-1680 MHz band sought by Ligado and satellite and a toll-free number auction items.
Comments are due May 15, replies May 30, on an FCC public notice on bidding rules for the 37, 39 and 47 GHz auction. Commissioners approved the notice last week 5-0 (see 1904120058). The auction, to start Dec. 10, will be the FCC’s third of high-band spectrum for 5G. “The clock phase of Auction 103 serves as both the forward and reverse portions of the incentive auction by determining the prices and winners of new flexible use licenses as well as determining the amount of incentive payments to those incumbent licensees that relinquish spectrum usage rights,” the FCC said Monday. “By initiating the pre-auction processes for assigning licenses in Auction 103, we take another step toward releasing even more high-band spectrum to the market and thus furthering the deployment of fifth-generation wireless, the Internet of Things, and other advanced spectrum-based services.”
The FCC approved a process for sharing in the upper 37 GHz band, despite complaints from Commissioners Mike O’Rielly, Jessica Rosenworcel and Geoffrey Starks (see 1904100071). The two Democrats partially dissented. Chairman Ajit Pai, meanwhile, announced that the 37, 39 and 47 GHz auction will start Dec. 10 -- the FCC's third high-band auction. Commissioners approved a public notice on rules for the auction amid complaints by Rosenworcel and O’Rielly. Agency members also approved telecom and cable items.
The White House's Friday push to highlight FCC actions to improve 5G deployments and rural broadband connectivity was more notable for giving President Donald Trump an opportunity to go on record as opposing 5G nationalization, industry officials and lobbyists told us. Concerns about the Trump administration's direction on 5G policy have continued for more than a year, including on Capitol Hill (see 1903050069).
The FCC is considering a revised position offered by NTIA on future use of the 37 GHz band. NTIA offered new language after carriers complained that under the proposed rules, coordination zones with the department change even after the band is auctioned, industry and government officials said this week.
NTIA isn't backing down from asking the FCC to protect some DOD sites as the commission is poised Friday to adopt an order to partly free up the upper 37 GHz band for commercial wireless use including 5G. NTIA said in a letter to the FCC Thursday evening it should reject “pleas by potential bidders” to “effectively change the nature” of spectrum allocations in the upper 37 GHz band, following an auction. The letter said the Pentagon is willing to restrict requests to areas that can’t be accommodated in the lower 37 GHz band.
Some wireless industry officials came away disappointed from CTIA’s 5G Summit Thursday (see 1904040048) that FCC Chairman Ajit Pai didn’t offer new details or make a more explicit commitment on the C band. CTIA President Meredith Baker said at the event the band offers the best opportunity for making more mid-band spectrum available quickly. Pai, who spoke at the end, said the FCC is looking closely at the band and repeated earlier comments that it’s unusually complicated. Pai said he was still “sitting down with engineers, economists and lawyers” working through the future of the band.
Verizon and AT&T raised concerns about the coordination process with DOD outlined in a draft order on the 37 GHz band, set for an FCC commissioner vote Friday. Verizon met with aides to all five commissioners, Wireless Bureau Chief Donald Stockdale and other staff, said a filing posted Friday in docket 14-177. The process outlined “lacks the much-needed clarity” to promote investment, Verizon said: “We urged the Commission to make clear that licensees are under no obligation to agree to a federal entity’s request for spectrum access and -- when a licensee grants access -- that the federal entity must operate on a non-interference basis to existing and future commercial deployment within the licensed area.” AT&T cited similar concerns in a filing. The “unknown potential for new, post-auction preclusion zones could create harmful pre-auction uncertainty, the bane of maximizing the possibility of auction success and value,” AT&T said.
That the US is losing on 5G “just is not true,” said Larry Kudlow, director of the National Economic Council, at a CTIA 5G summit Thursday. “Basically, we’re winning." Kudlow said he met with President Donald Trump about 5G Wednesday. CTIA President Meredith Baker said the C band (see 1904040076) offers the best opportunity for making more mid-band spectrum available.