Wireless Spectrum Auctions

Before C-band is opened for terrestrial use, other satellite operators currently not using the spectrum should have an opportunity to stake a claim for use for their own services, since it's allocated for satellite, ViaSat CEO Mark Dankberg said in an interview Tuesday at Satellite 2018. He said ViaSat and other satellite operators will make that case to the FCC. Intelsat and SES -- the major satcom users of C-band -- are pushing a plan for clearing and sharing parts of the band (see 1802090016).

T-Mobile is pleased the FCC is allowing the early repacking of some Puerto Rican broadcasters, T-Mobile executives said in a meeting in San Juan last week with FCC Chairman Ajit Pai, who was on a trip there and to the U.S. Virgin Islands (see 1803120056). The early transition of the TV stations there “serves the dual policy objectives of repurposing spectrum for wireless broadband use while ensuring continued vitality of the television broadcast industry,” the carrier filed in docket 17-344. T-Mobile has 50 MHz of 600 MHz spectrum in Puerto Rico “and the early repack of broadcasters there allows us to deploy this spectrum far sooner than would otherwise be possible, including for 5G service, as equipment is available.” The executives backed a more aggressive timetable for selling high-frequency licenses. “The public interest can be even better served by the Commission moving quickly to auction all of the millimeter wave bands allocated for terrestrial mobile use in the Spectrum Frontiers proceeding, including multiple (if not all) of those bands together in the initial millimeter wave auction. These include the 24 GHz, 28 GHz, 37 GHz, 39 GHz and 47 GHz bands.”

The Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986) “will go through the Senate” one way or another, said House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., on an appearance on C-SPAN’s The Communicators, set to be telecast Saturday. The House passed HR-4986 earlier this week (see 1803060046), but it remains unclear whether the measure will make it onto the FY 2018 omnibus spending bill.

The House passed the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986) on a voice vote Tuesday, as expected (see 1803010056 and 1803050043). The bill includes a revised version of language from the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill, as part of an agreement announced Friday between the leaders of the House and Senate Commerce committees (see 1708030060). HR-4986's path to enactment remained unclear. Backers on Capitol Hill told us they were working with members of the House and Senate Appropriations committees to attach the bill to the FY 2018 omnibus spending bill.

David Redl is likely to face a wide range of questions from House Communications Subcommittee members Tuesday about his vision for NTIA, as he makes his Capitol Hill hearing debut as administrator. Likely topics include plans to study the 3450-3550 MHz band for wireless broadband and his views on the 2016 Internet Assigned Numbers Authority transition, Hill aides and industry lobbyists said in interviews. The panel intended the hearing to focus on oversight of NTIA and to discuss the agency’s $33.6 million FY 2019 budget proposal, down from the $36 million requested in FY 2018 but largely on par with funding for the year under continuing appropriations (see 1802120037 and 1802050025).

House leaders formally set a Tuesday floor vote on a compromise version of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) under suspension of the rules, as expected (see 1803010056). Leaders didn’t yet estimate what time the vote would occur. The amended bill now contains a revised version of language from the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill, as part of an agreement announced Friday between the leaders of the House and Senate Commerce committees (see 1708030060 and 1803010056). The lawmakers and their staffs agreed to assuage concerns from DOD and other federal agencies about S-19’s previous language by nearly halving -- to 255 MHz -- the amount of spectrum they would be required to identify for broadband use by 2022. The 500 MHz figure previously delineated in S-19 was somewhat "already dated,” a House aide said: “It was a concession to DOD but in some ways it was a matter of updating the spectrum provisions” to reflect reallocation progress by federal agencies. HR-4986 includes language to authorize additional TV incentive auction repack funding (see 1802140064) and from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits in future spectrum auctions in a Treasury Department fund (see 1710250026). HR-4986 already also reflected a raft of other Senate bills, including the Rural Wireless Access Act (S-1621), which the Senate passed last week under unanimous consent (see 1710100066 and 1803020026). The revised bill also eliminates all but one provision from the FCC Process Reform Act (HR-290) that had been included in earlier House Commerce-cleared versions of the bill at the behest of Senate Commerce ranking member Bill Nelson, D-Fla. The remaining HR-290 language extends an existing exemption of FCC USF expenditures from Anti-Deficiency Act requirements.

The 3.7-4.2 GHz band is emerging as one of the next big spectrum focuses of the FCC, with an NPRM likely this summer or before, officials said, but exactly what Chairman Ajit Pai will propose remains to be seen. Last summer, the Broadband Access Coalition (BAC) asked the agency to allow fixed wireless use of the band (see 1708080050), while protecting fixed satellite service incumbents. A rival plan by Intel and others backs licensed use of the 3.7-4.2 GHz band and unlicensed use of the 6 GHz band. Intel also proposed a plan with Intelsat for clearing the 3.7 GHz spectrum (see 1710020047).

The leaders of the House and Senate Commerce committees said they reached a deal to advance legislation on FCC reauthorization and a range of spectrum issues, as expected (see 1802270055, 1802280049 and 1803010056). The deal covers provisions from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060). HR-4986, which cleared House Commerce earlier this month, includes language to authorize additional repack funding (see 1802140064). The bill also includes language from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits for future spectrum auctions in a Treasury Department fund (see 1710250026). Lawmakers also agreed to include provisions to combat robocalls and "direct the FCC to craft a national policy for unlicensed spectrum that includes certain specific considerations and recommendations." The House is to vote on an amended version of HR-4986 Tuesday that covers the agreed-to language, said House Commerce Chairman Greg Walden, R-Ore., and ranking member Frank Pallone, D-N.J. The deal does "what no legislation has done in 28 years -- it reauthorizes the FCC and includes provisions that help make sure that the Commission is transparent, efficient, and ready for the 21st century communications landscape," said Walden, Pallone, Senate Commerce Chairman John Thune, R-S.D., and ranking member Bill Nelson, D-Fla., in a joint statement Friday. "This bipartisan, bicameral product puts consumers first and solidifies the nation’s critical telecommunications infrastructure, giving the U.S. a global edge in the race to 5G and improving internet services across the country." The lawmakers didn't clarify if the deal includes an agreement to attach the FCC and telecom policy language to the FY 2018 omnibus spending bill, as was previously under negotiation. A telecom lobbyist told us the omnibus is still "very much in the running" as a legislative vehicle for the agreement, saying the announcement shows they've "taken the needed steps" to make that process possible. Walden is "looking at multiple avenues, including the omnibus, to ensure [HR-4986] moves forward," a House Commerce spokeswoman said. Other committee spokesmen didn't comment. Several communications sector groups lauded the agreement, including CTIA, NAB and TIA.

Senate Commerce Committee Chairman John Thune, R-S.D., and ranking member Bill Nelson, D-Fla., said they are moving closer to a deal with House Commerce Committee leaders to attach language on FCC reauthorization and some spectrum issues to the FY 2018 omnibus spending bill. No deal was yet reached. The lawmakers have been negotiating over provisions from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060, 1802270055 and 1802280049).

Negotiations on a potential deal to attach to the FY 2018 omnibus spending bill legislative language on FCC reauthorization and some spectrum issues progressed Wednesday but agreement wasn't reached, said Senate Commerce Committee Chairman John Thune, R-S.D. “We've made some progress,” but "I don't think we're there yet,” Thune told reporters. Lawmakers have been hoping to include language from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060) in the omnibus (see 1802270055). HR-4986, which cleared House Commerce earlier this month, includes language to authorize additional repack funding (see 1802140064). The bill includes language from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits in future spectrum auctions in a Treasury Department fund (see 1710250026). “What we're trying to do is find that zone of agreement” on language that satisfies members of both parties, Thune said. A deal “would accomplish a lot of things that we've been trying to get done for a while,” he said: “It could potentially be a very significant accomplishment,” but “it's never done 'til it's done.” Thune acknowledged that “there is a certain amount of pressure because of the time constraints associated with putting together” the omnibus. House Commerce Committee Chairman Greg Walden, R-Ore., said Monday a factor at play was resolving concerns that DOD had with S-19's language that came after the Senate originally passed the measure in August. Those concerns led House Commerce staff to scuttle a bid to attach S-19's provisions to HR-4986 ahead of the committee's markup last month.