Whatever C-band clearing plan the FCC takes up for terrestrial 5G use will likely be a compromise, but finding that compromise looks elusive. A Capitol Forum event had debates about the relative merits and shortcomings of rival clearing plans and jostling over whether C-band satellite operators are fully using what they have now.
T-Mobile CEO John Legere still expects the FCC and DOJ to approve the company’s buy of Sprint by the end of June. The FCC’s unofficial 180-day shot clock expires June 4, he said Thursday. “We remain optimistic and confident,” Legere said on a Q1 call. The company reported it spent $93 million advocating for the deal in the quarter.
New America Open Technology Institute opposition to allowing TV white spaces to be used for the ATSC 3.0 transition runs counter to its previous position that consumers should be protected during the transition, NAB said in a meeting Tuesday with the FCC Media Bureau and Incentive Auction Task Force, per a filing Thursday in docket 16-142. OTI opposed the 3.0 order on the basis of consumer protection but now opposes allowing broadcasters to use TV white spaces to maintain service during the transition, NAB said. OTI has “lost track of its own positions,” NAB said, comparing the advocacy group with Moby Dick’s doomed antagonist Captain Ahab. OTI also acts as though the FCC never sought comment on the use of the white spaces for 3.0 before Sinclair-owned One Media lobbied on the issue, NAB said. “OTI was aware of this at one point, because it joined comments addressing this issue.” The FCC should allow the white spaces to be used for the 3.0 transition, NAB said. "We obviously know the FCC asked a question about it, but the proposal we oppose was initiated by Sinclair’s OneMedia," emailed Michael Calabrese, New America Wireless Future Program director. "Awarding broadcast licensees free, exclusive access to vacant TV channels would violate the Communications Act," impose costs on wireless mic users, and "derail" efforts to expand broadband to rural areas, Calabrese said. Letting broadcasters use the white spaces would "subsidize the broadcasters’ ambition to compete with mobile carriers who, unlike broadcast licensees, paid for their spectrum at auction.”
The House Commerce Committee's upcoming telecom policy focus is likely to include a mix of issues that will provide opportunities for lawmakers to highlight bipartisan agreement on robocalls and increasing commercial spectrum availability, as well as potential mudslinging over FCC oversight matters, lawmakers and lobbyists told us. The Senate Commerce Committee's coming telecom agenda is less well defined, amid an increased focus on privacy legislation. Lobbyists will scrutinize the committee's next moves as it considers whether to reauthorize the Satellite Television Extension and Localism Act. Both chambers reconvene Monday after Congress' two-week recess.
Public safety issues rarely dominate the agenda of any FCC chairmen, as in 2004 when one of the biggest focuses of then-Chairman Michael Powell was the 800 MHz rebanding, aimed at protecting safety users from interference. Four years later, then-Chairman Kevin Martin pushed through a failed plan to reallocate the 700 MHz D block for public safety. The main contender, Frontline, dropped its pursuit of the band, which went unsold at auction but now is part of FirstNet. Every chairman since has focused on a few public safety issues.
Public safety issues rarely dominate the agenda of any FCC chairmen, as in 2004 when one of the biggest focuses of then-Chairman Michael Powell was the 800 MHz rebanding, aimed at protecting safety users from interference. Four years later, then-Chairman Kevin Martin pushed through a failed plan to reallocate the 700 MHz D block for public safety. The main contender, Frontline, dropped its pursuit of the band, which went unsold at auction but now is part of FirstNet. Every chairman since has focused on a few public safety issues.
A key part of the administration’s spectrum plan requires all federal agencies to submit planning documents that include estimates of their needs in 15 years. Those reports were due at NTIA Tuesday.
Smaller carriers are lining up against Verizon, which asked the FCC to let it adopt a temporary, 60-day lock on 4G LTE handsets to ensure bona fide customers are purchasing the handsets. Verizon faces special restrictions because of the rules for the 700 C-block spectrum the carrier bought at auction. “This targeted, 60-day period will enable Verizon to determine whether a new device was obtained by a legitimate customer who makes the first payment on that device and that the payment clears processing,” it replied, posted Monday in docket 06-150. “This is similar to, though narrower than, the locking practices of other large U.S. wireless carriers, except that unlike all other carriers Verizon will unlock the device automatically at the end of the 60-day period, regardless of whether the device has been fully paid off.” The Rural Wireless Association said the FCC should reject the request. “When the Commission adopted its open access requirements in the 700 MHz Order, including the handset locking rule, it did so based on a complete record and with clarity,” RWA said. T-Mobile and other carriers opposed Verizon in initial comments. “Rules governing devices using the 700 MHz C Block were adopted based on a record that leaves little doubt about what the Commission intended,” T-Mobile said.
The FCC is under increasing pressure to open more mid-band spectrum as 5G deployments start. Most agree none will be available before next year and the auction of the licensed tier of the 3.5 GHz citizens broadband radio service band. The other two main bands in focus at the FCC, 2.5 GHz and the C band, are expected to be opened after the 3.5 GHz auction. Commissioners Jessica Rosenworcel and Geoffrey Starks are leading the effort.
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.