Wireless Spectrum Auctions

House Communications Subcommittee Vice Chairman Leonard Lance, R-N.J., and ranking member Mike Doyle, D-Pa., filed the House version of the Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act Wednesday. Sens. Cory Gardner, R-Colo., and Maggie Hassan, D-N.H., filed the Senate version (S-1682) in August (see 1708010069). The legislation aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via a future FCC auction. The Airwaves Act “is the kind of bill that will make a difference in the lives of Internet users,” Lance said in a news release: “By opening up more federal spectrum for commercial usage we are helping lay the groundwork for 5G.” It “would establish a reliable pipeline for licensed and unlicensed spectrum,” Doyle said in the news release. “The pipeline will provide spectrum for robust and competitive deployments of 5G wireless broadband networks, which will build on the success of Wi-Fi by making additional, much needed, unlicensed spectrum available.” The legislation “demonstrates that Congress supports -- on a bipartisan, bicameral basis -- firm spectrum deadlines and auctions for key bands,” said FCC Commissioner Mike O'Rielly. Many industry entities lauded the Airwaves Act's House debut, including the Competitive Carriers Association, CTIA, Mobile Future, Public Knowledge, WifiForward and Verizon.

The FCC Media Bureau circulated an NPRM Monday seeking comment on creating a new C4 class of FM stations, said Chairman Ajit Pai in his address to a Multicultural Media, Telecom and Internet Council event Tuesday. “This reform could allow hundreds of Class A FM stations to broadcast with increased power.” There was "a lot of talk during previous administrations about trying to take action to promote ownership diversity -- but there was little to nothing done,” Pai said. “I am determined that the FCC on my watch will take concrete steps to create a more diverse communications industry.”

Starry CEO Chet Kanojia, meeting with FCC Chairman Ajit Pai, updated its U.S. deployment plans and its Marvell collaboration on fixed wireless technologies aimed at 5G, said a docket 14-177 ex parte filing posted Monday. Starry urged agency progress on setting a spectrum frontiers auction timeline and promulgating coordinated sharing rules for the lower 37 GHz band.

Chairman Ajit Pai proposed an NPRM on flexible rules for spectrum above 95 GHz, what the FCC calls “the outermost edge of usable spectrum,” for a vote at the Feb. 22 commissioners' meeting. That and other items on a tentative agenda Thursday were expected (see 1801310065). Pai blogged that February is “innovation month” at the agency. It would also examine rules implementing Section 7 of the Communications Act, which requires the FCC to respond to petitions or applications proposing new technologies and services within a year, and resolve petitions to reconsider USF Mobility Fund rules. Three other draft items aim to roll back "outdated and unnecessary regulations" on broadcasters, cable companies and payphone service providers, Pai said.

While staffers for FCC Chairman Ajit Pai aren’t signaling yet what he will recommend on the contentious question of what to do about priority access licenses in the 3.5 GHz citizens broadband radio service (CBRS) band, growing industry speculation is Pai will propose a compromise. Rather than auction all the PALs on a census-tract basis, or as much larger partial economic areas, the FCC would take a varied approach. It would offer some of the seven PALs in each market as census tracts or a similarly small license size and others as PEAs or possibly county-sized licenses.

The FCC Incentive Auction Task Force and Wireless Bureau approved grant of 600 MHz licenses bought in the broadcast incentive auction by four additional bidders. The licenses cleared were bought by the Iowa RSA 2 L.P., Pioneer Telephone Cooperative, SAL Spectrum and Smith Bagley. The FCC has been working through license applications after approving the grant of the first licenses in June to national players (see 1706140048).

Democratic Commissioners Mignon Clyburn and Jessica Rosenworcel dissented Tuesday on an order creating a new Office of Economics and Analytics (OEA) within the FCC, which was approved 3-2 (see 1801230066). Commissioner Mike O’Rielly said the order was strengthened since it was circulated to ensure the office plays a major role in policy formation. Officials told reporters after the meeting the office likely would have under 100 staffers.

The odds of the Supreme Court taking up the complaint by Dish Network designated entities (DE) SNR Wireless and Northstar Wireless about the handling of the AWS-3 auction bidding credits aren't clear, experts and interested parties told us. The DEs filed a petition Friday with the Supreme Court for writ of certiorari appealing the U.S. Court of Appeals for the D.C. Circuit's August ruling that upheld the FCC withholding AWS-3 auction bidding credits due to their too-close connections to Dish (see 1708290012). The FCC didn't comment Monday.

FiberTower agreed to return all of its 24 GHz licenses and part of its 39 GHz licenses to the FCC, in an agreement that settles FCC litigation. AT&T is buying FiberTower, with an interest in its high-frequency spectrum (see 1702010035). As part of the deal, FiberTower promised to terminate two court proceedings and pay $27 million to the U.S. Treasury. “This case presents a series of unique circumstances, which, when taken together, demonstrate that a waiver is in the public interest,” said a Wireless Bureau order in Monday's Daily Digest. “With the return of all of FiberTower’s 24 GHz licenses and the settlement of litigation, the 24 GHz band will be virtually clear of licenses and can be made available for initial licensing, enabling rapid deployment of 5G and next generation wireless services nationwide.” The return of 39 GHz “will assist in rebanding the 39 GHz band,” the bureau said. "Millimeter wave spectrum is important to our 5G strategy, and we expect to be the first U.S. company to introduce mobile 5G in a dozen markets by late 2018," an AT&T spokesman said. T-Mobile said in a statement Monday the order is disappointing. The FCC “is rewarding AT&T and Fibertower for Fibertower’s failure to construct,” emailed Steve Sharkey, vice president-government affairs. “This decision weakens the Commission’s ability to enforce its buildout requirements and further consolidates millimeter wave spectrum in the hands of AT&T and Verizon without a competitive auction.”

Verizon told the FCC it supports AT&T’s goal of a timely auction of 39 GHz spectrum but opposes its proposed solution, as presented in December (see 1712120010). “Two key features of the AT&T proposal are that incumbent licensees would be: (i) moved involuntarily if they do not participate in the auction and (ii) forced to win the bidding in each market to retain spectrum they already hold if they do participate in the auction,” Verizon said in a filing in docket 14-177. “Both of these features raise serious legal questions regarding incumbent licenses in the 39 GHz band, particularly for a company such as Verizon, which has agreed to invest billions of dollars to acquire this spectrum.” Verizon officials said they met with staff from the Wireless Bureau and the Office of Strategic Planning.