Getting Congress to restore the FCC’s spectrum auction authority as quickly as possible is a top priority of the Competitive Carriers Association, CCA President Tim Donovan said Wednesday at the start of the group’s annual conference in Atlanta. Donovan also urged launching a 5G Fund, the topic of a September Further NPRM (see 2309210035).
Wireless Spectrum Auctions
The FCC manages and licenses the electromagnetic spectrum used by wireless, broadcast, satellite and other telecommunications services for government and commercial users. This activity includes organizing specific telecommunications modes to only use specific frequencies and maintaining the licensing systems for each frequency such that communications services and devices using different bands receive as little interference as possible.
What are spectrum auctions?
The FCC will periodically hold auctions of unused or newly available spectrum frequencies, in which potential licensees can bid to acquire the rights to use a specific frequency for a specific purpose. As an example, over the last few years the U.S. government has conducted periodic auctions of different GHz bands to support the growth of 5G services.
China’s focus on 5G is tied to that nation's desire to “reclaim” what it believes is its “rightful place at the center of the world,” said James Lewis, Center for Strategic and International Studies senior vice president, at the Hudson Institute Tuesday. Lewis also warned the U.S. may not be keeping up with China headed into the World Radiocommunication Conference, which begins Nov. 20. Lewis was interviewed by Harold Furchtgott-Roth, Hudson senior fellow and former FCC commissioner.
The FCC reopened the possibility of making changes to its spectrum screen, focused on mid-band frequencies, seeking comment on a 2021 petition by AT&T asking for a rulemaking (see 2309220064). Industry experts said that doesn’t mean action is necessarily forthcoming, though some believe it could be. Comments are due on the public notice Oct. 23, replies Nov. 8, in docket 23-319.
Commerce Secretary Gina Raimondo publicly committed Wednesday to brief Senate Commerce Committee members on the DOD study on repurposing the 3.1-3.45 GHz band for commercial 5G use sent to the Commerce Department last week (see 2309280087). Panel ranking member Ted Cruz, R-Texas, and several other members raised questions about the DOD study during a hearing on implementing the 2022 Chips and Science Act.
Commenters disagreed sharply on what the FCC should do in response to an August notice of inquiry on understanding nonfederal spectrum use. Some observers have questioned how much will be gained by the inquiry, especially because it doesn’t ask about federal use (see 2308020054). Comments were posted Wednesday in docket 23-232.
Fred Moorefield, who long oversaw spectrum policy at DOD, was charged with promoting and furthering animal fighting. Moorefield has been on leave from DOD, where he was deputy chief information officer-command, control and communications. Industry officials said Monday's announcement was a surprise but may have limited effect since Moorefield’s retirement was expected. Charges were filed in U.S. District Court for Maryland.
Most commenters want the FCC to use a nonexclusive licensing approach for the 42 GHz band, they said in reply comments posted Monday and last week in docket 23-158. Among the major carriers, only T-Mobile filed comments (see 2308310053). Commenters also urged the FCC to approve a similar regime for the lower 37 GHz band. Commissioners approved 4-0 an NPRM in June asking about three potential approaches in the band -- nationwide nonexclusive licensing, site-based licensing and technology-based licensing (see 2306080042).
The Senate confirmed FCC Commissioners Geoffrey Starks and Brendan Carr to new five-year terms Saturday, providing stability for the agency and assuring a 3-2 Democratic-controlled commission through the end of the current administration. Two big, contentious items are already in the pipeline -- a net neutrality NPRM at the commissioners' Oct. 19 open meeting and a Nov. 15 statutory deadline to issue digital discrimination rules, with a commission meeting also scheduled for that day. If the Senate hadn't acted, Starks would have had to leave in January and the FCC would have been back to a 2-2 split between Democrats and Republicans.
The FCC's abdicating its internet oversight authority in 2017 largely neutered the agency's ability to protect online privacy and to require ISPs to address lengthy outages, Chairwoman Jessica Rosenworcel said Tuesday as she announced the agency was moving to take that authority back. Reclassification of broadband as a service under Title II would end having to often jury-rig legal justifications for actions the agency is taking, she said, saying October's agenda will include a draft NPRM on reinstating the agency's 2015 net neutrality rules. The move met loud criticism, including from inside the FCC, as well as support.
The U.S. wireless industry invested $39 billion in infrastructure, and “America leads the world in 5G availability,” but leadership is in doubt unless more spectrum is allocated for industry to keep up with demand, CTIA President Meredith Baker said Tuesday at the start of the Mobile World Congress in Las Vegas. The U.S. is falling behind many other countries on mid-band for 5G, she said. Baker urged special focus on reallocating the lower 3 GHz, 4 GHz and 7 GHz bands for 5G.