A notice of inquiry on the upper C-band and an NPRM on a proposed AWS-3 auction saw calls for changes from the drafts that FCC Chairman Brendan Carr circulated. However, industry officials said they expected only limited tweaks, with a vote scheduled at Thursday's open meeting.
Wireless ISP Association representatives supported a draft notice of inquiry on the upper C band and an NPRM on issues related to an auction of AWS-3 spectrum in a meeting with an aide to FCC Chairman Brendan Carr. Commissioners are scheduled to vote on both Thursday (see 2502060062). About the NOI, “terrestrial use and spectrum sharing may be possible in the band and may be deployable at lower power and more expeditiously in light of the proximity of the band to radio altimeters,” WISPA said in a filing Friday in docket 13-185. “The questions in the draft C-Band Notice of Inquiry will allow WISPA to address those points in the docket for that proceeding.”
Buu Nygren, president of the Navajo Nation, urged FCC Chairman Brendan Carr to make a tribal priority window part of future FCC auctions of AWS and upper C-band spectrum. “The success of the 2.5 GHz Rural Tribal Priority Window has demonstrated the transformational impact of policies that provide direct spectrum access to Tribal Nations,” said a filing posted Friday in docket 13-185. The 2.5 GHz window, established under Republican Chairman Ajit Pai’s “leadership in 2020, was an unprecedented federal policy that enabled over 300 federally recognized tribes to obtain spectrum in rural areas,” Nygren said. The Institute for Local Self-Reliance asked the FCC to add questions on tribal windows to the C-band notice of inquiry and AWS-3 NPRM before commissioners, both set for votes Thursday (see 2502060062). “One of the great challenges in addressing the lack of modern communications technologies that Tribal Nations and the Commission face together in their joint efforts to address their broadband challenges is the lack of access to spectrum and spectrum licensing opportunities,” said a filing posted Friday. The 2.5 GHz window “dramatically increased the number of Tribal Nations holding spectrum licenses from 18 to at least 319.”
Public Knowledge urged the FCC to include a tribal priority window (TPW) in the AWS-3 and upper C-band proposals before commissioners vote Feb. 27 (see 2502060062). The 2.5 GHz TPW “increased the number of Tribes holding licenses from 18 to 319. Tribes have used these licenses, and additional funding provided by a number of grants, to construct point-to-point networks that are helping Tribes to close the digital divide,” said a filing posted Wednesday in docket 25-59. Tribes need more spectrum “just as every wireless provider needs additional spectrum, to meet the ever-increasing demand for broadband capacity as more and more of our daily activities move to the real world from the virtual world,” said the group, whose representative met with aides to all four FCC commissioners.
The FCC’s draft notice of inquiry on opening the upper C band for commercial use acknowledges numerous incumbents using the spectrum and seeks “detailed and evidence-based comments” from all affected parties. Also on Thursday, the FCC released a draft NPRM on rules for the AWS-3 auction and other items, teeing them up for the FCC’s Feb. 27 open meeting, including new rules for wireless emergency alerts (see 2502050057).
New FCC Chairman Brendan Carr laid out an aggressive agenda for his first meeting as chair, with two items on future spectrum auctions, including a look at the upper C band. The FCC will also tackle wireless emergency alerts and robocalls and ways of strengthening the call-blocking capabilities of carriers. In addition, commissioners will consider an NPRM on the volume of broadcast commercials.
New FCC Chairman Brendan Carr’s decision to pull all items on circulation for a vote by commissioners wasn’t a surprise, industry officials said. Since taking office a week ago, President Donald Trump has pushed a deregulatory agenda and issued a regulatory freeze among a slew of executive orders on his first day (see 2501210070). Among the FCC items withdrawn was a controversial NPRM that former Chairwoman Jessica Rosenworcel circulated in March on banning bulk broadband billing in multi-tenant environments (see 2408010064).
New FCC Chairman Brendan Carr has pulled all items on circulation for a vote by commissioners. “There are no Items on Circulation,” said a single line on the agency’s list, which was dated Friday. Among the items pulled was an NPRM that was seen as a preliminary step to an AWS-3 auction. It was not expected to be controversial (see 2501060044).
An auction of AWS-3 licenses returned to the FCC by affiliates of Dish Network in 2023 is expected to start and possibly end this year, wireless industry experts said. In addition, the auction will offer unsold licenses from the initial Auction 97, the AWS-3 auction 10 years ago. The FY 2025 National Defense Authorization Act, which authorized the auction, allows 18 months for it to be held. It would be the FCC’s first auction of spectrum for full-power licensed use since 2022, with part of the proceeds going to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program.
House Commerce Committee leaders drew battle lines during and after a Thursday Communications Subcommittee hearing over GOP proposals to move spectrum legislation as part of an upcoming budget reconciliation package (see 2501070069). House Commerce ranking member Frank Pallone of New Jersey and other Democrats strongly objected to using reconciliation as a spectrum vehicle because it would allocate future license sales revenue to fund tax cuts instead of telecom priorities. Lawmakers from both parties again cited long-standing DOD objections to repurposing the 3.1-3.45 GHz band and other military-controlled frequencies as a continued flashpoint in spectrum legislative talks in this Congress (see 2501070069).