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'Back in Business'

2 Auctions and WEA Changes Move Forward With Unanimous FCC Votes

The FCC on Thursday approved a pair of spectrum auction notices 4-0 at the first commission meeting under Chairman Brendan Carr. In one change of note, the FCC agreed to a tribal priority window in the AWS-3 NPRM and to mention it in the upper C-band notice of inquiry. A few changes were expected (see 2502260029).

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Congress authorized the FCC to auction AWS-3 licenses returned to the FCC by affiliates of Dish Network in 2023 and unsold licenses from the initial auction 10 years ago (see 2501230041). Part of the proceeds will fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program.

“It is time for the FCC to get back to auctioning spectrum,” Carr said: “It is time that we free up airwaves for 5G and other next-gen services. … With the legwork that has been done, the commission is able to cast votes today that will kick-start the process of bringing previously fallow AWS-3 spectrum into consumers’ hands, or at least their smartphones and devices.”

But Commissioner Geoffrey Starks said many questions remain, especially on the upper C band. “While this NOI is an important step, we’re far from where we need to be,” he said. Starks quoted earlier comments by Carr that “freeing up more spectrum requires FCC leadership that accumulates political capital and has the willingness to spend it.” Starks said he agrees with those sentiments. “Now it’s time to put those words into action.”

Starks raised questions about the lower 3 GHz band, a key focus of wireless carriers and part of the Joe Biden administration’s national spectrum strategy (see 2502190048). “Where do we stand today in this administration” on lower 3 GHz? “Will this agency stand up for its jurisdiction during the interagency process? Will this administration show the will needed to make new spectrum available for commercial use?”

Carr said the upper C-band item moves the FCC closer to an auction. “The upper C band is a good place to start, and the FCC’s inquiry here can complement ongoing efforts that are focused on different portions of the table of frequency allocations."

Using public money raised through the AWS-3 auction to pay for the rip-and-replace program “is just good government,” said Commissioner Anna Gomez.

“I’m pleased the commission is back in business, so to speak,” said Commissioner Nathan Simington. The C-band NOI “represents the kind of thinking that lately has been missing from the commission, a practical, results-oriented action with significant and likely positive industrial and consumer impact,” he said. “The spectrum crunch is coming.”

The notices are “a decisive step that will help ensure the U.S. remains at the forefront of next-generation wireless connectivity and national security,” emailed Viet Nguyen, president of 5G America. “By expanding the availability of commercial spectrum, the Commission fosters greater innovation, economic growth, and benefits for American consumers,” he said.

WEAs

Commissioners also approved 4-0 an order and Further NPRM on wireless emergency alerts, which focus on allowing carriers to send out warnings without a distinctive sound and vibration. “The notifications may be unexpected and jarring at times, causing some consumers to opt out from receiving future alerts,” said an FCC news release. “In addition, in some situations, such as during an active shooting, the loud ‘attention signal’ may put a consumer in greater danger.”

Starks said the FCC added questions to the FNPRM at his request about how the agency can improve the timeliness and accuracy of WEA alerts, “especially in light of the issues revealed during the L.A. fires.” FCC staff said only minor changes were made to the order after Carr circulated it.

“There are some emergencies, like an active shooter, where local public safety officials might want to send out an alert without the loud noises that could identify the location of someone seeking shelter,” Carr said. The order also “gives consumers more choice and flexibility over the way they receive the alerts, which will reduce consumer opt-out and increase public safety by ensuring that consumers continue to receive them."