Advocates of reallocating the 12 GHz band for 5G are putting on a full-court press for FCC action as early as the February commission meeting. 5Gfor12GHz Coalition members said in interviews their strongest argument is that other than 2.5 GHz, nearly ready for auction, and 3.1-3.45, being looked at for reallocation, no other candidate bands are available for the “spectrum pipeline.” Proponents say action will likely have to wait for Senate confirmation action on FCC nominees and for the Office of Engineering and Technology to wrap up engineering work.
Federal Communications Commission (FCC)
What is the Federal Communications Commission (FCC)?
The Federal Communications Commission (FCC) is the U.S. federal government’s regulatory agency for the majority of telecommunications activity within the country. The FCC oversees radio, television, telephone, satellite, and cable communications, and its primary statutory goal is to expand U.S. citizens’ access to telecommunications services.
The Commission is funded by industry regulatory fees, and is organized into 7 bureaus:
- Consumer & Governmental Affairs
- Enforcement
- Media
- Space
- Wireless Telecommunications
- Wireline Competition
- Public Safety and Homeland Security
As an agency, the FCC receives its high-level directives from Congressional legislation and is empowered by that legislation to establish legal rules the industry must follow.
Latest News from the FCC
Funding for next-generation 911 is the “biggest challenge and would make the biggest difference,” said Public Safety Bureau Deputy Chief David Furth during an FCBA CLE webinar. “It’s not something the FCC can make happen.” Others agreed about the importance of funding. Congress is considering NG-911 money via the Build Back Better Act budget reconciliation package (HR-5376), but the measure's prospects remain unclear.
The FCC’s new Communications Equity and Diversity Council will meet more often and act more quickly than preceding diversity committees, said Chair Heather Gate at the CEDC's first virtual meeting. Previous diversity committees voted on most recommendations at the end of their terms, but the new group should aim at being “part of the solution as things are happening right now," said Gate, the Connected Nation vice president-digital inclusion: "Waiting until 2023 to drop all of our recommendations, we may miss a window that is open right now.”
Backers of two bills aimed at mandating improvements to spectrum policy coordination between the FCC and other federal agencies are hopeful President Joe Biden’s recent FCC and NTIA nominations (see 2110260076) will mean a clearer path to those measures’ enactment. The House Communications Subcommittee unanimously advanced one of the measures, the Spectrum Coordination Act (HR-2501), during a Wednesday markup. The subpanel also unanimously cleared the Data Mapping to Save Moms’ Lives Act (HR-1218).
The FAA's air safety warning about 5G use on the C band (see 2110290065) is unlikely to cause delays to planned deployments on the frequency, experts told us. They still expect AT&T and Verizon to start deployments in 2021, as both work to close to their 5G spectrum gap with T-Mobile. CTIA now has a webpage addressing the issue. Observers noted the first spectrum deployed isn’t close to that used by radio altimeters.
With a full complement of FCC commissioners possible soon, Federal-State Joint Board on Universal Service state members told us they’re looking forward to reconvening with the federal side. At NARUC’s Sunday through Nov. 10 hybrid meeting, state regulators plan to discuss possible changes to the USF contribution mechanism and consider a resolution to support energy utilities expanding broadband. FCC Commissioner Brendan Carr is to speak on a Wednesday NARUC panel on USF contribution with consultant Carol Mattey and AT&T and NCTA officials (agenda).
The Biden administration is committed to releasing a national spectrum strategy, a goal the Trump administration never met. NTIA didn’t have a permanent administrator for much of the Trump administration, as been true so far during the Biden administration. President Joe Biden is trying to change that by nominating Mozilla Foundation Senior Adviser Alan Davidson to head the agency. Biden's also filling out the FCC by renominating Chairwoman Jessica Rosenworcel and picking Georgetown Law Institute for Technology Law & Policy’s Gigi Sohn for the vacant Democratic commission seat (see 2110260076).
President Joe Biden’s designation of Jessica Rosenworcel as the first woman to hold the permanent FCC chair and his intent to nominate Democratic ex-FCC official Gigi Sohn as the first openly LGBTQ+ commissioner are being hailed as milestones. Biden also is renominating Rosenworcel to the commission. See our report here.
Senators told us they believe there's a feasible if narrow legislative window to reconfirm FCC Chairwoman Jessica Rosenworcel this year, act on fellow Democratic commission pick Gigi Sohn and affirm NTIA administrator nominee Alan Davidson. The White House announced President Joe Biden’s intent to choose the trio Tuesday, as expected. Biden designated Rosenworcel Tuesday as permanent chair. She had been acting head since January. The White House also nominated Winston & Strawn patent lawyer Kathi Vidal as Patent and Trademark Office director.
The FCC received mixed reaction as it sought to refresh the record on broadband access in multi-tenant environments, in comments posted through Thursday in docket 17-142 (see 2109070047). Many telecom and consumer groups urged to limit or outright exclusivity agreements and other practices that limit MTE options for ISPs and consumers. Others argued against additional regulation.