Officials with 5G for 12 GHz Coalition didn’t get everything they wanted from the FCC in the item teed up for a vote at the May 18 open meeting. But they're pleased with what was proposed and see it as the next step on the way to use of the band for fixed wireless, and potentially to be used as part of broadband equity, access and deployment (BEAD) program applications.
Dynamic sharing and the citizens broadband radio service are a model for the future, NTIA said Monday in a blog post and new report by the agency’s Colorado lab, the Institute for Telecommunication Sciences (ITS). The support for CBRS comes as the administration moves forward on a national spectrum strategy. Last year, CTIA, which favors exclusive-use licenses where possible, questioned how well CBRS is working and the extent of deployment (see 2211140062). CTIA isn't backing down.
T-Mobile CEO Mike Sievert shot down a question during the company’s analyst call Thursday (see 2304270079) on whether Dish Network will soon be in a position where it has to sell its spectrum to the highest bidder.
A draft order, Further NPRM and NPRM on the broader 12 GHz band includes, as expected (see 2304260072), asking about fixed-wireless use in the lower part. It also asks about possible unlicensed use. The FCC also released a draft order on the 60 GHz band and a robocall order and FNPRM. All are proposed for votes at commissioners' May 18 open meeting. The proposed title of the 12 GHz draft is “Optimizing Spectrum for Services from 6G to Satellite.”
The Chips and Science Act offers $39 billion to boost the U.S. semiconductor industry, but many applicants could come away empty-handed, said Michael Schmidt, director of the Commerce Department’s CHIPS Program Office, at an Information Technology and Innovation Foundation conference Wednesday.
The FCC’s Section 214 international authorizations order and NPRM, approved by commissioners 4-0 last week (see 2304200039), got a number of changes in approach and language between the draft and final version, based on a side-by-side comparison. The item was posted in Wednesday’s Daily Digest. The order authorizes a one-time collection of foreign-ownership information from holders of international Communications Act Section 214 authorizations and seeks comment on rules requiring carriers to renew these authorizations every 10 years, “or in the alternative,” periodic updates.
Based on history, the FCC is within its legal rights to award T-Mobile the licenses it won in the 2.5 GHz auction (see 2304060062), the company says in a new filing in the FCC’s universal licensing system. “Four former General Counsels of the Commission recently wrote to explain why they believe that the Commission continues to have authority to grant spectrum licenses notwithstanding the expiration of its power to conduct auctions,” T-Mobile said: “Their conclusion is supported by the actions the Commission and the Office of General Counsel took when the Commission’s authority to conduct lotteries to select from among mutually exclusive applicants expired as the result of an act of Congress.” T-Mobile cites the example of the Balanced Budget Act of 1997, which required the FCC to use competitive bidding and ended its ability to use a lottery system for awarding most spectrum licenses. “Then, the Commission confronted materially the same situation it faces today: did it have the authority to award licenses to applicants that had been selected via a lottery prior to the expiration of the lottery statute,” the carrier said. At the time, “the Commission held that it had the authority to continue to process the pending applications of successful lottery winners and conduct the necessary public interest review under section 309(a) of the Communications Act,” T-Mobile said Tuesday. Similarly now, the commission has “authority under section 309(a) to process the applications of T-Mobile, a successful bidder in the 2.5 GHz auction, even though that auction authority has now expired,” it said. The Wireless Bureau said “despite the sunset of lottery authority, the applications for already-conducted lotteries could still be processed.” T-Mobile also cited language in the 2003 Ranger Cellular case before the U.S. Court of Appeals for the D.C. Circuit, which challenged awarding of licenses from the lottery system (see 0307030034). The D.C. circuit “noted the Commission’s conclusion ‘that, although the Balanced Budget Act barred it from conducting new lotteries after July 1, 1997, the Act did not bar the FCC from processing [a company’s] application by using the results of a lottery that had taken place prior to that date,” T-Mobile said.
FCC Chairwoman Jessica Rosenworcel is proposing a bifurcated approach on the 12 GHz band for the commissioners' May 18 open meeting, dedicating the band's lower section, for now, to satellite broadband and the upper part to mobile broadband. The order involves some of the most hotly contested spectrum before the agency. The decision is in line with advocacy from SpaceX and others that said the upper 12 GHz band, which some refer to as 13 GHz, makes more sense as a target for wireless broadband than the lower 12 GHz (see 2210130063). Industry officials said the FCC may ask questions about fixed-wireless in the lower band. The FCC will also take on 60 GHz and robocalls.
The FCC’s reconstituted Disability Advisory Committee held its initial meeting Wednesday, receiving updates from agency staffers on recent developments at the commission. DAC took no actions at what was a virtual introductory meeting. Commissioner Nathan Simington said the start of the new DAC raises questions about the role the FCC will play in the future as more services are no longer clearly regulated by the agency.
The FCC Wireless Bureau is extending for six months, from June 5 to Dec. 5, the transition to a requirement handset manufacturers exclusively use the 2019 ANSI standard for certifying new handset models as hearing aid-compatible and no longer use the 2011 standard. Meanwhile, comments on a report last year by the FCC HAC Task Force on a path to 100% compatibility for wireless handsets largely support the report. Comments were posted Tuesday in docket 15-285.