Wireless Spectrum Auctions

With Congress back for a three-week sprint before Election Day, Competitive Carriers Association CEO Tim Donovan remains convinced lawmakers will fully fund a program that removes unsecure gear from U.S. networks. In an interview, Donovan also said he expects at least some groups will seek reconsideration of the FCC’s recent order creating a 5G Fund.

Hundreds of commenters opposed a proposal from NextNav that would reconfigure the 902-928 MHz band and "enable a high-quality, terrestrial complement” to GPS for positioning, navigation and timing (PNT) services (see 2404160043). Amateur radio operators weighed in early and often (see 2408120024). Joining them were many other groups whose members use the band. Comments were due Thursday in docket 24-240. NextNav on Friday defended its petition seeking a rulemaking.

Congress appears unlikely to renew FCC auction authority this year, which makes prompt FCC action on approving fixed wireless use of the lower 12 GHz band even more important, former FCC Commissioner Mike O’Rielly said in a new blog post. O'Rielly called inaction on FCC auction authority “especially vexing" given the importance of spectrum to U.S. competitiveness and enabling new technologies. “Having served as an FCC Commissioner, I understand the agency’s limited options to make more spectrum available absent Congressional action on auction authority,” O’Rielly said: “Despite this challenge, there is a prime opportunity before the Commission in the pending lower 12 GHz proceeding that would enable more efficient use of spectrum even while Congress works to restore auction authority.” The FCC “should not wait to act on … and should move to adopt final rules to authorize the use of high-power two-way, fixed wireless service in the band.” The 12 GHz for 5G Coalition continues pressing for FCC action on the band (see 2407030061).

Telecom lobbyists are closely watching whether Senate backers of the Spectrum and National Security Act (S-4207) can secure a hoped-for September markup of the measure given recent efforts to move the Proper Leadership to Align Networks for Broadband Act (S-2238) as an alternative vehicle for funding the FCC’s lapsed affordable connectivity program (see 2408150039). The Senate Commerce Committee in July adopted amendments to S-2238 that attached funding for ACP and the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2407310048). Several observers pointed to a proxy fight about spectrum issues during Senate Commerce’s consideration of S-2238 as evidence negotiations on S-4207 are likely to remain fraught.

Wi-Fi advocates and wireless carriers offered the NTIA different versions of the 6G world in some of the first comments made public in response to a May request for comment on the state of 6G development (see 2405230010). Comments were due Wednesday. NTIA is expected to eventually post them.

FCC commissioners unanimously approved an NPRM on further changes to rules for the citizens broadband radio service band that Chairwoman Jessica Rosenworcel circulated two months ago. The Biden administration has focused on sharing models based on CBRS as part of its assessment of the future of spectrum. The agency posted the NPRM on Friday. Comment deadlines will come in a Federal Register notice.

Opponents of giving the FirstNet Authority effective control of the 4.9 GHz band, as promoted by AT&T and the Public Safety Spectrum Alliance (PSSA), have been at the FCC repeatedly in recent weeks, driven in part by rumors that Chairwoman Jessica Rosenworcel may support that plan. But industry officials say how the FCC will come down remains uncertain. With Commissioner Anna Gomez expected to recuse herself, because of work before she joined the commission, Rosenworcel will likely need support from at least one Republican commissioner.

The 5th U.S. Circuit Court of Appeals' ruling Wednesday against the FCC's Universal Service Fund contribution factor for the first quarter of 2022 will likely have little to no immediate impact on the commission's USF-funded programs and providers contributing to the fund, trade groups and legal experts told us (see 2407240043). It's uncertain how the U.S. Supreme Court would interpret conflicting rulings of the 5th, 6th and 11th circuits. Consumers' Research asked SCOTUS in a supplemental brief filed Thursday (docket 23-456) to grant rehearing as a result of the circuit split.

CTIA Thursday marked the 30th anniversary of the FCC’s first spectrum auction by calling on Congress to restore the agency’s lapsed general auction authority. “For the past three decades, this Nobel-prize winning innovation has become increasingly key to America’s economic competitiveness and innovation leadership,” CTIA President Meredith Baker said. The anniversary is “an important reminder of the critical role that auctions play, and we call on policymakers to restore auction authority with a spectrum pipeline so that we can secure the benefits of wireless leadership for all Americans,” she said. CTIA also released the opening video of what it said will be a series of remembrances about auctions and the early days of the wireless industry. “The essential asset of wireless communications is spectrum,” former FCC Chair Tom Wheeler said in the first video. Wheeler noted that he became involved in wireless as part of a group of investors that won spectrum licenses in one of the lotteries that predated auctions, “the FCC’s dumbest way of allocating spectrum.” His group’s pingpong balls were picked “and suddenly I was in the wireless industry.” Licenses were also assigned through “beauty contests,” where companies made the case at the FCC on why they needed spectrum in a given area, he said. “That may have solved the instant problem, but it certainly didn’t facilitate how do you then have a concerted effort to deliver the important services,” Wheeler said: “It was widely understood that the … system was flawed.” Tom Sugrue, former head of the D.C. office for T-Mobile, said licenses' value increased rapidly “as people began to appreciate what mobile technology was worth.” But the “tools the FCC had to assign those licenses were becoming increasingly, obviously deficient.”

The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.