Wireless Spectrum Auctions

The House Commerce Committee approved 10 telecom bills Wednesday, including the Utilizing Strategic Allied (USA) Telecom Act (HR-6624), as expected (see 2007140062). Chairman Frank Pallone, D-N.J., emphasized that the measures up for votes Wednesday were "all consensus bills, which are truly bipartisan, and the details of which have been worked out with myself and" ranking member Greg Walden, R-Ore. The committee is known to have excluded (see 2007130054) some high-profile bills the House Communications Subcommittee advanced in March that had drawn Republican criticism, including the Clearing Broad Airwaves for New Deployment (C-Band) Act (HR-4855) and Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (HR-5926).

Chairman Ajit Pai said Wednesday the FCC will stick with Dec. 8 for starting the auction of C-band spectrum for 5G, circulating draft final auction procedures (see 2007150047). Commissioners approved the auction 3-2 in February, including a procedures NPRM (see 2002280044). The FCC will also consider inmate calling services rates and media modernization among other items at the Aug. 6 commissioners’ meeting.

Seeing it could get a bigger incentive payment for C-band accelerated clearing than SES, Intelsat ditched its obligations as a C-Band Alliance member, leaving fellow CBAer SES with $1.8 billion in potential damages, SES said in a claim Tuesday in U.S. Bankruptcy Court in Richmond. That's according to a summary of the document that wasn't public.

The broadcast incentive auction and repacking are among the biggest challenges the FCC undertook, and could inspire “the next seemingly crazy idea for spectrum reallocation, scribbled on the proverbial cocktail napkin,” said Chairman Ajit Pai in remarks at an American Consumer Institute Center webinar on the repack’s official end Monday (see 2007100035). "We have accomplished our objective,” said Pai. “All of the valuable low-band airwaves sold in the ground-breaking broadcast incentive auction are now available for wireless broadband service.” He praised staff, carriers, tower crews and broadcasters for making the complicated process successful.

The 39-month repacking officially ends July 13 and the vast majority of TV outlets have switched channels. That doesn't mean the job is finished.

The House Armed Services Committee advanced its FY 2021 National Defense Authorization Act (HR-6395) Wednesday on a 56-0 vote. The committee added two anti-Ligado amendments to the measure (see 2007010070). Additional amendments House Armed Services advanced include several that would implement March recommendations of the Cyberspace Solarium Commission (see 2003110076). Senate Armed Services Committee Chairman Jim Inhofe, R-Okla., meanwhile, was able reach a deal on a manager’s amendment to that committee’s FY21 NDAA (S-4049), which also has anti-Ligado language. The manager’s amendment now includes language from the Utilizing Strategic Allied (USA) Telecom Act (HR-6624/S-3189) and the Open Technology Fund Authorization Act (HR-6621/S-3820). HR-6624/S-3189 aims to fund creation of an NTIA-managed open radio access network R&D fund to spur movement to open-architecture, software-based wireless technologies (see 2001140067). The modified text would repurpose $75 million from the FCC Digital Television Transition and Public Safety Fund for R&D purposes. The original HR-6621/S-3189 would have provided more, which would have been drawn from spectrum auction proceeds. HR-6621/S-3820 would establish the Open Technology Fund as an independent grantee of the U.S. Agency for Global Media charged with “countering internet censorship and repressive surveillance and protecting the internet as a platform for the free exchange of ideas." The new Inhofe manager's amendment, as earlier, includes language from at least three other tech and telecom bills: the Developing Innovation and Growing the Internet of Things (Digit) Act (S-1611), Deepfake Report Act (S-2065) and Harvesting American Cybersecurity Knowledge through Education (Hacked) Act (S-2775). Senate leaders agreed to vote once the Senate returns from a two-week recess on an amendment to attach the text of the Creating Helpful Incentives to Produce Semiconductors (Chips) for America Act. S-3933 would allocate $10 billion to match state and local incentives and direct the Commerce Department to establish a $3 billion grant program.

Industrial Internet of Things Coalition members “described the difficulties critical industries experience in acquiring much-needed spectrum, in particular broadband spectrum, both in the auction process and in the aftermarket,” in a meeting with FCC Wireless Bureau staff, said a filing posted Monday in docket 19-38: “Their spectrum needs are defined by industrial operational requirements that do not necessarily conform to FCC population or geographic criteria designed to ensure optimal wireless coverage for consumer use.” Southern Linc, the Enterprise Wireless Alliance, Edison Electric Institute, Anterix and Utilities Technology Council participated.

European regulators may not make decisions for another 10 years on the future of broadcast TV in the UHF band, speakers said Monday at conclusion of the virtual European Spectrum Management Conference. The FCC repurposed 84 MHz of UHF for wireless in a 2016-17 incentive auction. Such a swath in Europe remains hotly contested between carriers seeking low-band for 5G and broadcasters.

The FCC needs to work with NTIA and other stakeholders to develop “specific and measurable performance goals … to manage spectrum demands associated with 5G deployment,” the GAO said in a report released Monday. Leaders of the House and Senate Armed Services and Intelligence committees and the House Science Committee were among those who requested the study. The report noted recent FCC actions to make more spectrum available for 5G services but said the commission “has not developed” “performance goals with related strategies and measures to assess how well its actions are mitigating the added effects 5G deployment will have on the digital divide.” The plan “notes that FCC’s actions on the 2.5 GHz, 3.5 GHz, and 3.7-4.2 GHz bands could make up to 844 MHz available for 5G, but these strategies are not related to any identified performance goals or measures,” GAO said. The FCC “neither agreed nor disagreed with our recommendations,” GAO said. The regulator “described the challenges associated with developing performance goals for managing the spectrum demands associated with 5G deployment. Specifically, FCC stated that such goals could limit the options available to manage spectrum demands. Instead, FCC stated that it adopts specific and measurable performance goals -- with related strategies and measures -- during ongoing rulemakings, which allow FCC to establish engineering, economic, or other technical outcomes.” The FCC "has made substantial progress in expediting the deployment of 5G" in the U.S., a spokesperson emailed. "On the spectrum front, we've already held three auctions and will be holding two mid-band spectrum auctions later this year. On the wireless infrastructure front, we've adopted many orders to make it easier to deploy the physical building blocks of 5G networks, including this year's 5G Upgrade Order, and small cell deployments have skyrocketed. And on the fiber front, thanks to our reforms, the United States set records for fiber deployment in both 2018 and 2019."

Verizon and CTIA asked the FCC to reconsider rules allowing unlicensed use of the 6 GHz band, in petitions posted Friday in docket 18-295. The rules approved 5-0 in April (see 2004230059) don’t allow power levels “sufficient to integrate wideband 6 GHz unlicensed operations into 5G systems,” Verizon said. Increase the maximum permitted effective isotropic radiated power (EIRP) in 5.925-6.425 and 6.525-6.875 sections from 36 to 42 dBm, with maximum conducted power limit of 36 dBm, Verizon said. CTIA asked to reconsider not clearing and licensing part of the band. The U.S. "faces a growing mid-band deficit, even accounting for the 350 megahertz in the 3.5 GHz and 3.7 GHz bands to be auctioned this year,” CTIA said: “The Commission recognizes that there is an urgent need for additional licensed mid-band spectrum, yet inexplicably decided to give to unlicensed the full 1,200 megahertz in the 6 GHz band.” CTIA supported Verizon calls for higher power levels and for licensing part of the spectrum. The Fixed Wireless Communications Coalition sought changes on “two discrete issues" where the group believes the commission erred. “Codify an average activity factor of 0.4% for low-power indoor devices,” FWCC asked: “Mandate testing prior to the release of unlicensed devices, including low-power indoor devices, in the 6 GHz band” or “delay the effective date of the rules to permit more time for testing.”