The C-Band Alliance (CBA) proposal for that spectrum may be gaining steam, but questions remain about what’s next for the FCC on this key mid-band swath. Any approach likely will face significant opposition, based on replies last week that show no emerging consensus (see 1812120010). The alliance has some optimism.

The FCC is looking at all possibilities in the 5.9 GHz band, including reallocating it for Wi-Fi and other unlicensed use, Chairman Ajit Pai said on an episode of C-SPAN's The Communicators, set for telecast over the weekend. Pai confirmed that, as expected, he plans to take a broader look at the band, which is now allocated to dedicated short-range communications (see 1811140061). Pai didn’t offer a time frame or other details. Industry officials said his comments go further than anything he previously has said on the topic.

The FCC's deal with Dish Network, in which Dish agreed to bid $1.5 billion in the H-block spectrum auction in exchange for waiving of some rules on Dish's AWS-4 licenses, "is unheard of in the annals of administrative law," NTCH said in a docket 18-1241/18-1242 initial brief (in Pacer) Thursday with the U.S. Court of Appeals for the D.C. Circuit. NTCH sued after the agency in August upheld a Wireless Bureau waiver request it was appealing (see 1808160065). In its brief, NTCH said the FCC set the reserve price in that auction at an unreasonably high level tied to the Dish deal to discourage potential bidders and ensure Dish would win most or all licenses. It said the construction extension Dish received ran contrary to well-established FCC policy on extending time for wireless system buildouts. The FCC challenged NTCH's standing (see 1810250056), and the company in its brief said it complied with the agency's standing requirements and it has Article III standing under the Constitution since the regulator's actions deprived the company of an opportunity to get an H Block license. The agency didn't comment.

Fault lines emerged on allowing point-to-multipoint (P2MP) operations in the 3.7-4.2 GHz band and auctions vs. the C-Band Alliance (CBA) plan, in the growing fight over opening the swath to terrestrial wireless. AT&T and small satellite operators made their own proposal. Docket 18-122 replies were due Tuesday, with early ones showing divisions (see 1812110054).

The FCC approved 4-0 an order on service rule changes for an auction next year of the upper 37, 39 GHz and 47 GHz bands. The first high-band auction, in the 28 GHz band, hit $683.5 million Wednesday after 62 rounds. Of 3,072 licenses, 2,918 had provisionally winning bids. The FCC will next auction 24 GHz spectrum.

Critics of a satellite repurposing and secondary-market airwaves sale plan used replies on opening the C band to buttress the case for the FCC taking a different approach. The earliest replies last week in docket 18-122 featured big satellite companies pushing for their market plan to clear up to 200 MHz for other use (see 1812070041) while attacking T-Mobile asking the commission to hold an auction and possibly sell even more. Now, more recent but still early replies posted this week through Tuesday afternoon suggest sharing satellite's spectrum with broadband services, possibly across the entire band's 500 MHz swath.

Much attention during Tuesday's House Communications Subcommittee hearing on implementation of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute focused on language to aid the broadcast incentive auction repacking process, as expected (see 1812070040). Industry witnesses praised the act and highlighted areas where additional Capitol Hill action may be needed to improve implementation, also as expected (see 1812100049). The FCC also got implementation comments (see 1812110025).

Satellite interests with a plan to clear some 200 MHz in the C band opposed T-Mobile's plan (see 1811130055) and stumped for theirs, in early replies Friday to be posted in FCC docket 18-122. T-Mobile seeks a commission-run, "market-based auction mechanism to maximize the use of the 3.7-4.2 GHz band by terrestrial licensees, while permitting satellite operators to retain sufficient spectrum to continue to provide services" and share auction revenue. It wants at least 300 MHz in most areas available for terrestrial networks. Satellite companies, including those allied with the C-Band Alliance, have a different plan where carriers could buy rights to use frequencies in the secondary market. That's "favored by commenters spanning a diverse array of industries and interests, including the commercial aviation industry, C-band satellite operators," ISPs, broadcasters, content distributors, video programmers, carriers and others, said the alliance alliance of Eutelsat, Intelsat, SES and Telesat. T-Mobile's recommendation "would add years of delay to 5G deployment," the group said. "The Communications Act does not provide authority for the Commission to conduct the T-Mobile auction proposal because it would be neither voluntary nor among competing bidders." The company "assumes" the agency "would force or threaten to force the satellite operators to do more than they volunteered to do" on "how much of their shared, non-exclusive spectrum they are able to collectively repurpose within an 18-36 month timeline while maintaining high service quality," said Intel, Intelsat and SES Americom. T-Mobile declined to comment. Replies are due Tuesday, after the Wireless Bureau granted a request for more time by the American Cable Association, Competitive Carriers Association, Dynamic Spectrum Alliance, Public Interest Spectrum Coalition and Wireless ISP Association. The groups didn't comment and the docket lacked their replies, which some noted they hadn't yet filed.

A Tuesday House Communications Subcommittee hearing on implementation of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute is expected to emphasize the law's language to aid the broadcast incentive auction repacking process. The hearing also will likely be an opportunity for House Commerce Committee Chairman Greg Walden, R-Ore., to showcase the act as the committee's top telecom policy achievement this Congress, before the end of the GOP majority in the chamber, lawmakers and communications lobbyists said. The act's language was included in the FY 2018 federal spending law (see 1803230038).

The House and Senate Commerce committees are likely to make the Satellite Television Extension and Localism Act reauthorization debate and further work on spectrum and broadband-centric legislation some of their top 2019 priorities, said telecom aides during a Thursday Practising Law Institute event. Aides also cited interest in continuing to talk about net neutrality policy next Congress. Lawmakers and communications lobbyists we recently interviewed were skeptical of progress on a net neutrality compromise given the upcoming shift to split partisan control of Congress (see 1811290042). FCC Commissioners Mike O'Rielly and Jessica Rosenworcel meanwhile told PLI the commission shouldn't be cautious in pursuing policies to keep the U.S. competitive (see 1812060056).