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.

The House Communications Subcommittee plans a July 16 hearing on developing a “comprehensive approach” to U.S. spectrum policy, including for 5G. Subcommittee Chairman Mike Doyle, D-Pa., meanwhile, told reporters Tuesday he began circulating a draft of a planned revised version of his Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act. The bill, filed last Congress, aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via an FCC auction (see 1802070054). “Congress has a critical role to play in crafting spectrum policy and facilitating America’s 5G future,” said Doyle and House Commerce Committee Chairman Frank Pallone, D-N.J. “We must ensure that consumers are protected and that thoughtful policy choices are made. This hearing will explore how we can best do both.” The panel is to begin at 10:30 a.m. in 2322 Rayburn. FCC Chairman Ajit Pai last month blamed the Commerce Department for recent hiccups in work to free up spectrum for commercial 5G use (see 1906120076). The Airwaves Act draft is “very much a work in progress” that will be shaped by feedback from stakeholders who have seen it, Doyle told reporters. The legislative language "could change between now and when we actually” file the final measure. “Our goal is to get a bill that we can pass with the Republicans and with the Senate,” Doyle said. “It's not going to be easy to do. It's complicated” and “there's not mass agreement amongst all the stakeholders. We're trying to thread a needle.”

The FCC approved revised rules for the 2.5 GHz educational broadband service band over partial dissents at the commissioners' meeting Wednesday by Jessica Rosenworcel and Geoffrey Starks. The biggest change from the draft order was that instead of single 100 and 16 MHz licenses, the FCC will offer two 50 MHz licenses. The order also contains language (see 1907030043) sought by Commissioner Brendan Carr addressing licenses held by national nonprofits. Rosenworcel and Starks dissented to all of the order except provisions preserving a filing window for tribal entities seeking new EBS licenses.

Commissioners approved bidding procedures for the third high-band auction this year and the largest FCC auction in history based on megahertz to be sold. Discussion during Wednesday's meeting sparked confrontation between Commissioner Jessica Rosenworcel, who partially dissented, and Chairman Ajit Pai. The auction starts Dec. 10.

The FCC is expected to take up a C-band order in coming months, but several industry officials predict a vote is unlikely before the Nov. 19 commissioners' meeting. Chairman Ajit Pai’s office recently told several parties if they have additional proposals for the band, get them in as quickly possible. Agency officials said Pai is getting close to making decisions, though the commission is waiting for reply comments on the most recent C-band proceeding on a clearing plan. Initial comments came last week (see 1907050035).

The FCC needs to “get creative” to address the homework gap, FCC Commissioner Jessica Rosenworcel said Monday at Digital Equity Summit 2019 in Richmond, Virginia. “Nightly schoolwork now requires internet access” and the homework gap “is real,” Rosenworcel said. She cited Lee High School in Fairfax County, Virginia, where schools are lending wireless hot spots and computers to students who need them to do homework. Rosenworcel encouraged educators to make their voices heard in support of the E-rate program: “Make noise. Make a ruckus.” Under one proposal before the FCC, the E-rate and rural telemedicine programs “could share a single funding cap and slug it out for resources,” she said: “I do not support this approach. We have serious broadband problems in this country. And the FCC has a statutory duty to expand the reach of communications to everyone -- no matter who they are or where they live.” The FCC also needs “better data about where broadband is and is not so communities across the country can build on it to address the Homework Gap,” Rosenworcel said. She backed making more spectrum available for Wi-Fi and other unlicensed use, and using spectrum auction proceeds to pay for better connections through a homework gap fund.

The intensifying 2020 presidential race could affect FCC policymaking as the election gets much closer, industry and former officials told us, though they don’t all agree on what the effect will be. Some expect the agency and Chairman Ajit Pai to seek to avoid headline-grabbing rulemakings that create ammunition for President Donald Trump’s opponents. Others expect Pai to push his agenda to get policies approved while Republican control of the agency is certain.

FCC Commissioner Brendan Carr told us he's ready to refer nonprofit educational broadband services to the Enforcement Bureau, based on letters he's sending to various institutions. Carr said any proceeds from the sale of licenses by nonprofits found to violate the rules could be used to pay for education. Commissioners will vote Wednesday on an order reallocating the 2.5 GHz to an auction.

Consensus on FCC legal authority for a particular method of C-band clearing remains elusive, judging by docket 18-122 comments posted through Friday on such issues as enforceable interference protection rights in the band. Parties jousted over the nature of satellite and earth station operators' rights and various proposals for clearing the 3.7-4.2 GHz band.

The draft order reallocating educational broadband service spectrum for 5G is controversial on the FCC eighth floor. Commissioners Jessica Rosenworcel and Geoffrey Starks are concerned and expected to raise questions when commissioners vote Wednesday, agency and industry officials said. But the major changes to are expected to address questions Commissioner Brendan Carr is raising about the business practices of national nonprofits using EBS licenses (see 1907020072).