Wireless Spectrum Auctions

The Senate appeared poised to pass as soon as Wednesday an FY 2023 appropriations omnibus package that includes another short-term extension of the FCC’s spectrum auction authority, though the situation remained fluid late that afternoon amid continued wrangling over potential votes on amendments to the measure. Lawmakers agreed to attach a renewal the FCC’s remit through March 9, after an objection from Sen. Mike Rounds, R-S.D., derailed a negotiated deal to include a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures (see 2212200077).

All four FCC commissioners expressed support Wednesday for proposed rules to more precisely route wireless 911 calls and texts to public safety answering points through location-based routing (LBR). The NPRM wasn’t controversial while before commissioners, though industry is expected to weigh in during the comment period (see 2212200064).

FCC commissioners and panelists at the Practising Law Institute’s Institute on Telecommunications Policy & Regulation Thursday outlined expectations for 2023 involving employment data collection, enforcement and the USF, but many speakers were focused on cyber and national security, such as compromised apps and obsolete devices. “It’s time to turn our attention to the millions of wireless devices in our country that are insecure,” said Commissioner Nathan Simington. “There’s an industry-wide acquiescence to careless practices.”

Senate Commerce Committee leaders hadn’t resolved a longstanding disagreement Thursday night over how hoped-for compromise spectrum legislative language would structure repurposing parts of the 3.1-3.45 GHz band for commercial 5G use, a hurdle that could derail a bid to attach the proposal to an FY 2023 omnibus appropriations measure (see 2212070068). Those leaders made progress on some parts of the measure, including moving closer on amounts of spectrum auction revenue they will allocate to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program and finance next-generation 911 tech upgrades.

Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.

House Communications Subcommittee leaders are monitoring from afar Senate Commerce Committee negotiations on a potential compromise spectrum measure with an eye on the legislative clock as they question if a viable alternative to the existing Spectrum Innovation Act (HR-7624) is achievable amid the jam-packed lame-duck session. Fraught talks are underway aimed at reaching a deal on an FY 2023 appropriations omnibus package seen as a potential vehicle for passing spectrum legislation and allocating new funding for two bipartisan telecom priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades. Hill leaders released a compromise version of the FY 2023 National Defense Authorization Act Tuesday without language authorizing funding for the telecom priorities (see 2212070056).

UScellular representatives discussed its C-band deployment plans and discussions with the FAA, warning against delays, in calls with FCC Wireless Bureau and Office of Engineering and Technology staff. “UScellular emphasized the importance of being able to deploy this spectrum in a timely manner to help cure the digital divide in rural areas,” said a filing posted Monday in docket 18-122: “UScellular recommended that the FCC reject calls for modifications to its C-band rules, as changes at this stage will certainly cause deployment delays despite making progress with the FAA, harming Americans who need 5G service the most.” The carrier bid $1.3 billion in the auction, which ended last year (see 2102180041).

Senate Commerce Committee Chair Maria Cantwell, D-Wash., and ranking member Roger Wicker, R-Miss., are believed to be readying separate proposals for a larger spectrum legislative package as Congress returns this week from the long pre-election recess. The bills would grapple with how to address a renewal of the FCC’s auction authority before a short-term extension expires Dec. 16, among other things. CTIA Senior Vice President-Regulatory Affairs Scott Bergmann and others cited the FCC renewal as the priority lawmakers should focus on as they grapple with whether to move forward on the House-passed Spectrum Innovation Act (HR-7624) or another measure as a compromise vehicle, during a Monday R Street Institute event.

A new study by CTIA and Recon Analytics questions whether citizens broadband radio service spectrum, often cited as the potential sharing model of the future, is a suitable replacement for exclusive, licensed spectrum. Meanwhile, the Biden administration is moving on release of a national spectrum strategy (see 2209260048). Carriers already said they hope the strategy will lay out bands that can be cleared for licensed use. Wi-Fi advocates fired back.

Former FCC Chairman Ajit Pai said getting the U.S. on track on 5G required a willingness to rock the boat and overcome inertia. In an interview posted Monday with American Enterprise Institute's Shane Tews, Pai also defended his regime’s work opening the C band despite airline industry opposition. “It’s always easier for the chairman or chairwoman not to rock the boat, not to push a certain spectrum band because another agency or company will get upset,” Pai said. “I told my team from day one, I was determined to spend every last ounce of my political capital. I was going to make sure that the U.S. had a leading position in spectrum policy and wireless infrastructure,” he said. “We broke a lot of eggs -- no doubt about it.” Because of the FCC’s “boat-rocking, you have 5G deployed widely across the United States,” Pai said: “Phones are coming out that are 5G enabled. New services are coming out. New business models are emerging on the basis of 5G.” Pai joked that in the face of all the problems air travelers faced, the FAA decided to zero in on 5G, noting radar altimeters, the source of safety concerns, operate 200 MHz away from the C band. As the FCC explored opening the band, it invited input from NTIA. “We invited the FAA and the airline industry to also tell us if they think there’s going to be interference with these altimeters. We asked them to let us know, but they never did.” The FCC “addressed the issues, pressed onward, and held the auction,” he said: “If you want to beat China and all these other countries on 5G, then you’ve got to put the building blocks -- including spectrum -- in place.” Pai expressed some skepticism of the current federal spending programs on infrastructure. “The good side is that the amount of money that’s being allocated through these various programs you mentioned is substantial,” he said. “In my current role as an investor, it’s fundamentally changed the unit economics for serving some of these rural areas where otherwise you would never have a business case for building broadband.” Among the problems is trying to coordinate multiple federal programs among different federal programs, he said: “Let’s say the U.S. Department of Agriculture awarded a grant to some company to deploy in a particular area. Well, what if they haven’t deployed? What if they’ll never deploy? Should the Department of Commerce then come in and fund somebody else to do it? Making all these kids play in the sandbox, so to speak, is exceptionally complex.”