Wireless Spectrum Auctions

The FCC remains focused on opening the 3.1-3.45 GHz band for 5G, acting Chairwoman Jessica Rosenworcel told the Americas Spectrum Management Conference Tuesday. Other speakers said the U.S. is making progress on 5G, but it's a time of uncertainty and change on spectrum policy. Promoters had planned an in-person event but took it virtual with the rise in COVID-19 infections.

Small- and medium-sized wireless carriers urged a standard simultaneous multiple round auction in the 2.5 GHz band, in a letter posted Tuesday in FCC docket 18-120. “A single round bid does not allow for price discovery,” the providers said: “There is little public information on the value of this spectrum, especially the value assigned by small companies, so it will be hard to know what a winning bid will be until we see others’ bids.” Licenses here "are unique due to different levels of incumbency -- even within markets,” the companies said. Among signers were Cellcom, Inland Cellular, VTel Wireless, C Spire, GCI Communications, Union Telephone, Carolina West Wireless, NE Colorado Cellular and NTT Docomo Pacific.

A single-round, sealed-bid format is critical for wireless ISPs to bid in an eventual 2.5 GHz auction, WISPA said in calls with aides to FCC Commissioners Brendan Carr and Geoffrey Starks. “The vast majority of WISPA’s 700-plus members are very small fixed wireless internet service providers” who “lack the resources to hire auction consultants and inhouse counsel,” said a filing posted Thursday in docket 20-429. Most have never participated in an FCC auction, the group said: “There is equal unfamiliarity with both auction designs. To these potential bidders, who lack experience with spectrum auctions and the resources to hire consultants, a single-round, sealed-bid auction is much easier to understand than a simultaneous, multiple-round auction.” WISPA noted a single round auction would also be quicker and makes sense in a band where “the lack of fungibility contrasts with other spectrum auctions where the licenses are typically offered for an unencumbered area … in equal-size spectrum blocks.”

The 5Gfor12GHz Coalition urged the FCC to open the 12 GHz band for 5G before action by Congress allocating money for broadband deployment. The record “confirms broad support for opening up the band for terrestrial 5G without the need for a re-auction,” said a Thursday filing in docket 20-443. “As this legislation moves through Congress, it is imperative that the Commission readies its spectrum resources and network positioning to quickly turn these allocated funds into real, accessible, and high-speed Internet connections for unserved and underserved Americans -- especially those in rural and urban areas,” the group said. The band offers 500 MHz of “contiguous spectrum ideal for accelerating the 5G mobile and wireless networks, improving opportunistic access to spectrum, and strengthening the capacity of Wi-Fi and other unlicensed services,” they said.

House Communications Subcommittee Republicans used a Wednesday hearing ostensibly aimed at highlighting bipartisan cooperation on a dozen communications bills to criticize subpanel Democrats’ legislative and oversight process. Democrats appeared interested in moving at least some of the dozen bills before year's end, including the Spectrum Innovation Act (HR-5378). Republicans’ targets for criticism, as expected (see 2110050072), included the Senate-passed Infrastructure Investment and Jobs Act (HR-3684) and a pending reconciliation package, both in legislative limbo.

FCC commissioners approved an NPRM on making networks more resilient during disasters 4-0 Thursday, as expected (see 2109280051). Commissioners said more mandates could come as a result of the investigation. Acting Chairwoman Jessica Rosenworcel said the FCC plans a virtual field hearing as part of the Oct. 26 meeting on Hurricane Ida. Rosenworcel and Commissioner Brendan Carr traveled to Louisiana this week to tour areas hit by the latest storm. Commissioners also unanimously adopted an order on foreign ownership and an NPRM about closing two methods for scammers taking control of victims' mobile phones, SIM swapping and port-out fraud. Such actions were as expected (see 2109280009).

CTIA President Meredith Baker said wireless is being undervalued by policymakers in some cases as they look at broadband across the U.S. Industry deserves a “5G-focused public policy,” she told a CTIA 5G virtual event Wednesday. Commerce Secretary Gina Raimondo said the federal government wants more network equipment to be made in the U.S.

The House Communications Subcommittee plans an Oct. 6 hearing on the newly filed Spectrum Innovation Act (HR-5378), Martha Wright Prison Phone Justice Act (HR-2489) and 10 other telecom-centric bills aimed at “strengthening” U.S. networks, the House Commerce Committee said Wednesday. Communications Chairman Mike Doyle, D-Pa., and Rep. Doris Matsui, D-Calif., filed HR-5378 Wednesday as a vehicle for enacting language to authorize an FCC auction of at least 200 MHz on the 3.1-3.45 GHz band separately from the Build Back Better Act budget reconciliation. Commerce advanced its portion of reconciliation earlier this month with the spectrum language, plus $10 billion for next-generation 911 and $4 billion for the FCC Emergency Connectivity Fund (see 2109140063). Doyle’s office touted support from the Competitive Carriers Association, NCTA, New America’s Open Technology Institute and Public Knowledge. The other bills on Communications’ hearing docket: the Protecting Critical Infrastructure Act (HR-1042), Federal Broadband Deployment in Unserved Area Act (HR-1046), Expediting Federal Broadband Deployment Reviews Act (HR-1049), Wireless Resiliency and Flexible Investment Act (HR-1058), Data Mapping to Save Moms’ Lives Act (HR-1218), Spectrum Coordination Act (HR-2501), Communications Act Section 331 Obligation Clarification Act (HR-4208), Information Sharing and Advanced Communication Alerting Act (HR-5028), Broadband Incentives for Communities Act (HR-5058) and Preventing Disruptions to Universal Service Funds Act (HR-5400). The partly virtual hearing begins at noon EDT in 2123 Rayburn.

T-Mobile supports a thorough exam of the 12 GHz band and selling licenses in an auction “if the Commission determines, after a careful evaluation of the technical issues presented in the record, that the spectrum should be made available for terrestrial mobile services,” said a filing posted Thursday in docket 20-443. T-Mobile slammed what it says is Dish Network’s approach -- that the FCC “should instead simply gift those rights to existing incumbents.” Dish argues that in wireless communications service, the FCC allowed terrestrial use of that band absent an auction, T-Mobile said. In WCS, “incumbents were already permitted to provide terrestrial mobile services, and licensees acquired those rights at auction,” the filing said: “In this case, incumbent licensees would obtain entirely new rights to provide terrestrial mobile services.” A Dish spokesperson declined comment, except to point to an August filing.

Competitive Carriers Association member executives said they're interested in emergency broadband and other subsidies being made available by the federal government to build out their networks, warning that new market entrants may not have viable plans. Nsight is working with about 500 governments in its service territories on broadband grants, CEO Mark Naze said during a panel Tuesday. Rural broadband “is not a cookie cutter, it’s not a one size fits all,” said Eric Woody, Union Wireless chief technical and operations officer: “It’s not even a one size fits most. … Wireless is key to getting the last mile and sometimes that middle mile done.” There “are a lot of new parties coming to the table to participate in this industry,” said Maureen Moore, GCI chief customer experience officer. “There’s a tremendous focus on building and maybe not enough on operating,” she said: “What happens once you fund something and it’s built, then how do you maintain it going forward?” Woody agreed, saying his company is in the Rocky Mountains where “things break and you have to fix them.” For too many years, the focus was “we need to reduce funding … and now look at our infrastructure,” Woody said. Too much focus at the federal level is on fiber, said Cellular One CEO Jonathan Foxman: “The amount that looks like it’s heading to wireless to us seems really insufficient.” Naze agrees with FCC Commissioner Brendan Carr that big tech should have to pay into USF (see 2109150055). “It was very encouraging to see" Carr "say last week that he supported that as a solution to the problem,” Naze said. The executives said they're deploying spectrum as they move to 5G but have concerns about FCC auctions. Nsight is adding spectrum to about 25% of its cellsites this year, Naze said: “For us to continue … we need to have more affordable spectrum.” The large license sizes sold by the FCC don’t work “west of the Mississippi” because “they’re too big,” Woody said: “They don’t [match] the existing licenses that we have today. It’s screwed up.” The execs said their companies weathered this pandemic. At the peak, his company had more than $800,000 past due on its books, from 2,700 customers, Foxman said. “I was a little freaked out -- are we going to collect any of that?” The company had to write off only about $10,000, he said. Union offered Wi-Fi outside schools and in less affluent areas, so kids could go to school remotely, Woody said. Union never closed stores and continued to do in-premise installations, he said. The discussion was streamed from CCA’s annual show in Phoenix.