Some wireless industry stakeholders in the debate over allocating the 6 GHz band have been lobbying to convince lawmakers to file and advance legislation requiring the FCC move forward with a plan that allows for licensed and unlicensed use of those frequencies, lobbyists told us. Such legislation would diverge from the direction of the FCC's current 6 GHz NPRM, which looks at opening 1,200 megahertz of spectrum in the band for Wi-Fi and other unlicensed use (see 1810230038).
In a change experts told us could benefit the C-Band Alliance plan, growing conventional wisdom is the FCC is getting comfortable with a private auction, rather than running one itself. Commissioners approved 5-0 with little discussion at their August meeting (see 1908010011) “experimental” auction of more than 17,000 numbers in the recently opened 833 toll-free code. That could provide additional insights on how well such a sale would work. That auction will be in December, run by toll-free numbering administrator Somos.
The FCC Office of Economics and Analytics projects three auctions from now through Sept. 30, 2020. Two are already scheduled and a third was promised by Chairman Ajit Pai. The notice doesn’t mention any auctions tied to the USF, including a Mobility Fund II auction. A C-band auction didn’t make the list. The first auction listed is that of the 37, 39, 47 GHz bands, to start Dec. 10 (see 1904120065) and the second is the 3.5 GHz priority access licenses auction, to start June 25 (see 1909260040). The third hasn’t been scheduled, for 2.5 GHz educational broadband service licenses.
FCC members approved 5-0 a public notice Thursday seeking comment on an auction of priority access licenses (PALs), the licensed part of the 3.5 GHz citizens broadband radio service band. As expected, Commissioners Jessica Rosenworcel and Geoffrey Starks raised concerns (see 1909230056) but voted to approve after each got changes to the notice. The auction is to start June 25.
Some Senate Indian Affairs Committee members voiced skepticism Wednesday about the extent of FCC efforts to improve outreach to tribal governments to improve those entities' access to spectrum. The hearing focused on GAO's 2018 findings in its committee-sought study on tribal spectrum access. That report found deficiencies in FCC outreach, and the commission said at the time of the study's November report it would follow through on the recommendations (see 1811140069). Senate Indian Affairs members last year criticized what's seen as deficiencies in FCC practices for determining broadband coverage on tribal lands (see 1810030055).
The report on the Senate Appropriations Financial Services Subcommittee-cleared FY 2020 budget bill, which includes funding for the FCC and FTC, has language aimed at pressuring the FCC to hold a public auction of spectrum on the 3.7-4.2 GHz C band, subcommittee Chairman John Kennedy, R-La., confirmed to us Tuesday. Some communications lobbyists expected the funding bill to include C-band language (see 1909160062). The subcommittee advanced the measure to the full committee on a voice vote. The full bill text and report isn't publicly available and won't be released until after the full committee marks it up Thursday.
The FCC will start the long-awaited 3.5 GHz auction June 25, FCC Chairman Ajit Pai said Wednesday in a blog on the agenda for the Sept. 25 commissioners’ meeting. The FCC will also take up USF funding for Puerto Rico and the U.S. Virgin Islands (see 1909040028), a proposal to update intercarrier compensation rules and a media modernization Further NPRM, among other items.
While an FCC proposal is still taking shape, FCC Chairman Ajit Pai is telling industry officials he wants at least 300 MHz of C-band spectrum allocated for 5G. Pai also appears to be leaning toward an FCC auction rather than a private sale to allocate the licenses, industry officials said. The C-Band Alliance plan for clearing the band has dominated discussions. Last week, the FCC took reply comments on alternate proposals (see 1908150042). Again, comments were sharply divided. Pai said last month the FCC should have “results to show” on the C band in the fall (see 1907050024). The FCC and CBA didn't comment.
There's “widespread agreement” mid-band spectrum is needed for 5G and the C-Band Alliance’s plan to make available only 180 MHz is “inadequate to meet those requirements and promote a competitive environment,” T-Mobile representatives, accompanied by auction economists, told the FCC. Most also want an FCC-run auction, it said. “Bidders know and understand the rules, policies, and practices the Commission has developed over more than twenty years of conducting spectrum auctions,” T-Mobile said: “These rules, policies, and practices are not easily replicated and offer full transparency, including for any payment terms.” The carrier sees growing support for clearing the band “by deployment of alternative transmission mechanisms, such as fiber.” The reps met staff from the Wireless and International bureaus and offices of Economics and Analytics; Engineering and Technology; and General Counsel. The CBA didn’t comment on the filing posted Monday in docket 18-122. “Our market-based process with the … auction design offers the quickest way to free up C-band spectrum for wireless 5G while protecting a content distribution system that serves nearly 120 million American households every day,” a CBA spokesperson emailed: The auction design “developed by the world's leading auction design experts is fast, efficient, fair, effective and transparent, and, combined with FCC oversight, serves the public interest.” America's Communications Association said it answered staff questions on a proposal made with the Competitive Carriers Association and Charter Communications. “The transition to fiber can be accomplished within eighteen months in urban areas (Stage 1), within three years in the majority of the remaining areas (Stage 2), and within five years for a few hard-to-reach areas (Stage 3),” ACA estimated. “The staggering of the transition among different types of areas means that, for a limited period of time, urban areas where the lower 370 MHz of the band has been cleared will neighbor areas where that spectrum is still used to provide satellite service to earth stations.” The Wireless ISP Association said it filed a recent study that “shows that current C-band earth stations are vastly overprotected, and right-sizing those protections can result in gigabit fixed broadband services for more than 80 million Americans, particularly in underserved communities.” The study was co-sponsored by WISPA, Google and Microsoft. An FCC decision is expected by the end of the year (see 1907090064).
5G rollout and a fully digital single market are top priorities for Europe's tech sector as the European Commission and Parliament begin a new five-year term, stakeholders said in interviews and statements. Other items on their wish-lists include fair competition rules and a push for faster deployment of fiber networks. The new EU term could also bring a bruising battle over internet intermediary liability.