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Democrats' Partial Dissents

RDOF Auctions Procedures PN OK'd 3-2

The FCC voted to propose an Oct. 22 auction date for the first phase of the Rural Digital Opportunity Fund and to release a public notice for docket 20-34 on procedures for its auction 904. That was despite pushback from Democratic Commissioners Jessica Rosenworcel and Geoffrey Starks, as was expected (see 2002270004). They partly dissented. The PN would seek comment on proposals such as how large the eligible bidding areas should be and how much information should be collected in short-form applications.

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Some saw Friday's vote as largely ministerial because stakeholders can opine (see 2002210004). Others saw it as an opportunity to revisit lingering concerns.

Chairman Ajit Pai called the PN "rather technical and complicated" but necessary to a competitive, fair and efficient auction. It "will make sure that our limited universal service dollars bring the fastest broadband networks possible to as many Americans as we can. It will help determine everything from which service providers can participate and the way bidding in the auction will be conducted."

Commissioner Mike O'Rielly said most debates on how to structure RDOF were resolved in the order approved in January: Any further disagreements on policy "should be considered separately from this item."

Noting the phase I auction would start 13 days before the presidential election, Rosenworcel said RDOF "looks more like a publicity stunt than public policy." She continued to argue for better broadband maps first: "For everyone who maps erroneously suggest is served by broadband when they are not, moving ahead here means it could be 10 years before this agency is able to offer any further assistance."

Pai would be happy to address requests for clarification of restrictions to providers that received state funding to build broadband networks if stakeholders file official petitions for reconsideration. That was in his media Q&A responding to our question.

Starks expressed concerns about distributing money based on flawed form 477 mapping data and the RDOF program's "confusing approach" on coordinating with states' broadband deployment efforts. He said fiscal prudence requires heeding the concerns rather than adhering to an "artificial timeline."

The PN differs from the draft, Commissioner Mike O'Rielly said, to include "clarifying language that softens" what he described as prejudice against some technologies. Bureau officials said the changes address SpaceX concerns that its low earth orbit satellite broadband service shouldn't be prohibited from bidding in low-latency or high-performance tiers. That was during media Q&A responding to our query. O'Rielly said auction procedures borrow heavily from the USF Connect America Fund phase II auction, but RDOF's "bias toward certain technologies over others appears to be a foregone conclusion."

Fiber Broadband Association CEO Lisa Youngers supports the RDOF auctions procedures vote. She recommended staying the course and to "prioritize gigabit connectivity." Wireless ISP Association Vice President-Policy Louis Peraertz commended the FCC for including questions on whether the regulator should make available to bidders the lowest performance tier and latency weights of any bid for each area in which there were two or more bids. "This useful information could help WISPA members with their bidding strategies, enabling them to move their bids to areas where they are most likely to win." He said the language "mitigates some of the shortcomings of the RDOF auction process."

O'Rielly looks forward to the FCC releasing the initial list of areas eligible for phase I and directions for the challenge process. He said the latter "is vital to ensuring our scarce funds are not used to subsidize overbuilding."