Rep. Ben Cline, R-Va., criticized the FCC Tuesday for not issuing T-Mobile licenses it bought in the 2022 2.5 GHz sale once the commission’s spectrum auction authority lapsed in March (see 2303220077). The FCC is effectively “a bottleneck” to U.S. work to continue to make spectrum available for wireless efforts,” which has become a national security issue due to competition with China to lead on 5G, Cline said during a House Appropriations Commerce, Justice and Science Subcommittee hearing on the Commerce Department’s FY 2024 budget request. Commerce Secretary Gina Raimondo sidestepped the issue, saying she wasn’t “going to speak to what the FCC is doing or not doing.” It’s “very important to have spectrum available to advance innovation” and NTIA is working “hand in glove” with DOD “to make sure” it “has what it needs to advance its” priorities, she said. The FCC’s mandate expired in a Senate impasse on two competing bills to extend the remit that turned on related negotiations on a larger spectrum legislative package that Sen. Mike Rounds, R-S.D., feared would result in a deal to repurpose parts of the 3.1-3.45 GHz band for commercial use before DOD finishes a study of its systems on the frequency (see 2303090074). “National defense also depends on America out-innovating our competitors and we need spectrum in order to move forward” on important commercial priorities, Raimondo said. The FCC didn't immediately comment.
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.
In its hunt for spectrum available for more-intensive use, NTIA was urged to look at the 12 GHz and upper 12 GHz bands, in comments submitted Monday responding to its request for comments on creating a national spectrum strategy (see 2303150066). CTIA said U.S. efforts to lead the world in 5G are threatened by the lack of a spectrum pipeline and the expiration of the FCC's spectrum auction authority.
T-Mobile is turning up the heat on the FCC to issue licenses bought in last year’s 2.5 GHz auction, linking the failure to do so to the agency’s focus on closing the digital divide. Neville Ray, T-Mobile president-technology, argued for issuing the licenses in a Thursday blog. Lawyers active in the proceeding said Chairwoman Jessica Rosenworcel continues to believe the FCC doesn’t have the authority to issue the licenses after expiration of its auction authority, though the Office of General Counsel is studying the issue.
Major wireless carriers have agreed to extend protections for flight operations from some C-band deployments until Jan. 1, 2028. AT&T, Verizon, T-Mobile and UScellular filed the latest voluntary commitments Friday, posted by the FCC Monday in docket 18-122. The development comes as the U.S. wireless industry Monday celebrated the 50th anniversary of the first cellphone call, placed by Martin Cooper, then a researcher at Motorola.
The FCC is seeking comment by June 2 on an information collection requirement on the relocation and reimbursement of C-band incumbents clearing the band as it’s made available for 5G. “FCC staff will use this data to ensure that 3.7-4.2 GHz band stakeholders adopt practices and standards in their operations to ensure an effective, efficient, and streamlined transition,” says a notice for Monday’s Federal Register: “Status reports and other information required in this collection will be used to ensure that the process of clearing the lower portion of the band is efficient and timely, so that the spectrum can be auctioned for flexible-use service licenses and deployed for next-generation wireless services, including 5G, as quickly as possible. The collection is also necessary for the Commission to satisfy its oversight responsibilities and/or agency specific/government-wide reporting obligations.” The FCC estimates the annual cost of compliance to be $10.7 million.
FCC regulations on broadcasting, telephony and accessibility will “become increasingly hollow shells of themselves” unless Congress decides to what degree the FCC should “move into the app ecosystem,” said Commissioner Nathan Simington at this week’s Free State Foundation Conference. Panelists at the event, including Commissioner Brendan Carr, also discussed broadband deployment and definitions, and the agency’s spectrum authority. The FCC “isn’t currently regulating the edge space, but that doesn’t have to last forever,” Simington said.
With the FCC slamming the brakes on issuing the licenses T-Mobile won in last year's 2.5 GHz auction, after the agency’s auction authority lapsed (see 2303220077), the carrier filed a request at the FCC to use the spectrum under special temporary authority, for 180 days. “Grant of this request will serve the public interest because it would permit T-Mobile to temporarily provide wireless broadband services to the public using spectrum in the 2.5 GHz band, including many rural and underserved areas,” the undocketed filing said. Section 309(f) of the Communications Act allows the commission to grant temporary authorization when it finds “there are extraordinary circumstances requiring temporary operations in the public interest and that delay in the institution of such temporary operations would seriously prejudice the public interest,” the filing said: “The extraordinary circumstances result from the lapse, for the first time ever, of the Commission’s general authority to conduct spectrum auctions to select among mutually exclusive applications.” The filing said T-Mobile continues to believe the FCC could issue in an already-concluded auction under Section 309(a) of the act “some at the Commission have expressed doubts about that conclusion,” the carrier said. “While T-Mobile expects that the Commission’s auction authority will be restored, the timing for when that will occur is unclear,” T-Mobile said.
The House Commerce Committee voted 49-0 Thursday to advance the Spectrum Coordination Act (HR-1341), one of several bills lobbyists think are likely to become a part of a spectrum policy legislative package lawmakers hope to enact later this year. Congressional leaders are trying to temporarily restore the FCC’s lapsed spectrum auction authority in hopes of giving negotiators more time to reach a deal (see 2303220077). Some top military officials, meanwhile, are breaking ranks with Defense Secretary Lloyd Austin in the debate over repurposing parts of the 3.1-3.45 GHz band for commercial use, which has been a major hurdle in reaching a legislative compromise.
Keeping American telecom networks secure and competitive with Chinese companies that receive substantial subsidiaries from the government is a top priority of the Biden administration, said Anne Neuberger, deputy national security adviser-cyber and emerging tech, at the Winnik Forum at Hogan Lovells Thursday. Neuberger said the administration is committed to promoting open radio access networks as a way of leveling the playing field with China.
Senate leaders acknowledged they’re beginning to consider using floor time to pass the House-approved bill to renew the FCC’s spectrum auction authority through May 19 (HR-1108) in case they can’t reach a deal with Sen. Mike Rounds, R-S.D., that would pave the way for enacting the measure via unanimous consent, but they insisted such a move isn’t their preference. An accord remained elusive Wednesday, with Rounds saying he's still opposed to the May 19 extension and leaders still resistant to his alternate bid to renew the authority through Sept. 30 (S-650). That impasse led to the FCC’s mandate lapsing just under two weeks ago (see 2303090074).