Top members of the House and Senate Commerce committees are having varying levels of success in moving forward in the coming weeks on spectrum legislation. The House Communications Subcommittee plans to mark up a revised version of the Extending America’s Spectrum Auction Leadership Act (HR-7783) Wednesday along with other legislation, subpanel Chairman Mike Doyle, D-Pa., said in an interview. Senate Commerce leaders, meanwhile, told us they're still grappling with how to move forward on the Improving Spectrum Coordination Act (S-1472) after an amendment fight prompted them to remove it from a markup last month (see 2205250063).
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.
Major industry players expected to play in the 2.5 GHz auction, which starts July 29, were on the list of bidders with complete applications to participate in the FCC’s next big 5G spectrum sale, the FCC said Thursday. AT&T, Dish Network, bidding as Carbonate Wireless, T-Mobile and UScellular are among the 39 with complete applications. Verizon put in an application, deemed incomplete, joining 53 bidders on that list. There appears to be more interest in this auction than in the 3.45 GHz sale, which had 42 applications, while the C-band auction had 74 applications filed. Smaller players are among the qualified bidders, with 17 seeking rural provider bidding credits and nine small business credits. Questions continue over the extent to which small players will jump in or T-Mobile will dominate the auction (see 2204140062). T-Mobile has a dominant position in the band since its buy of Sprint, and is using 2.5 GHz for its 5G rollout. “At first glance, the list of bidders for 2.5 GHz auction (whether qualified or not) does not reveal too many surprises,” emailed Sasha Javid, BitPath chief operating officer. “Submitting an application does not mean that Verizon or AT&T are necessarily interested in bidding for this spectrum,” he said: “It is a low-cost way to muddy the waters for bidders that are truly interested in acquiring the spectrum. If there is one initial takeaway, it is that this auction did not get as many prospective bidders as the [citizens broadband radio service] auction, which also featured smaller county-sized licenses.” The 2020 CBRS auction attracted 271 qualified bidders (see 2007200049). Those with complete short-form applications must submit upfront payments June 23, to be deemed qualified bidders. Others must resubmit their applications, and make an upfront payment, by the same date.
The FCC unanimously approved a public notice seeking to refresh the record on improving how wireless 911 calls are routed to the appropriate first responders (see 2206060052), as expected. Commissioners at Wednesday's meeting also agreed to propose a $34,000 fine against an Idaho man for allegedly interfering with emergency communications as firefighters took on a wildfire, the largest fine of its kind, officials said.
The FCC’s notice of inquiry on offshore spectrum issues is expected to be approved 4-0 at the commissioners' meeting Wednesday with few changes to the draft circulated by Chairwoman Jessica Rosenworcel (see 2205180065), industry and FCC officials said. Industry experts said it makes sense for the FCC to ask questions, but market interest in licenses for offshore areas is likely to be low.
Dynamic spectrum sharing is a slow, expensive process, and though it has a role to play in meeting growing needs for mobile spectrum, it's not the silver bullet, Peter Rysavy, president of wireless tech consultancy Rysavy Research, said Wednesday in a Georgetown University Center for Business and Public Policy presentation. Beyond more spectrum, the U.S. also needs denser networks and better antenna technology to increase capacity, he said.
The Senate Commerce Committee pulled the Improving Spectrum Coordination Act (S-1472) Tuesday night from the agenda for a Wednesday executive session amid objections to some proposed amendments to the measure, lawmakers and lobbyists said in interviews. S-1472 would require the FCC and NTIA to update their spectrum memorandum of understanding, including to add language on a process for addressing interagency policy differences and instituting a resolution process. Senate Commerce leaders said they hope further revisions won’t significantly delay bringing the bill up again.
House Communications Subcommittee members voiced strong support during a Tuesday hearing for the Extending America’s Spectrum Auction Leadership Act (HR-7783) and two NTIA-focused spectrum bills, echoing expected backing from Wiley’s Anna Gomez and CommScope Business Development and Spectrum Policy Director Mark Gibson (see 2205230061). Lawmakers broadly supported elements of the Safe Connections Act (HR-7132), but opinions on the Ensuring Phone and Internet Access for Supplemental Nutrition Assistance Program Recipients Act (HR-4275) divided along party lines.
Wiley’s Anna Gomez, former acting NTIA administrator, backed the Extending America’s Spectrum Auction Leadership Act (HR-7783) and two NTIA-focused spectrum bills in written testimony ahead of a Tuesday House Communications Subcommittee hearing (see 2205170081). HR-7783 is one of five wireless-focused bills House Communications will examine during the Tuesday hearing. The others are: the Ensuring Phone and Internet Access for Supplemental Nutrition Assistance Program Recipients Act (HR-4275), the Institute for Telecommunication Sciences Codification Act (HR-4990), the Simplifying Management, Reallocation and Transfer of Spectrum Act (HR-5486), and the Safe Connections Act (HR-7132). The partly virtual hearing will begin at 11 a.m. in 2123 Rayburn.
FCC Chairwoman Jessica Rosenworcel appears likely to put less spectrum in play for 5G and unlicensed use during her tenure than did her predecessor Ajit Pai, but she seems determined to address the process for reallocating bands, industry officials said. Rosenworcel shifted much of her attention to changes to process, and that will likely be a theme for the next few years.
House Communications Subcommittee leaders appear set on advancing the recently filed Extending America’s Spectrum Auction Leadership Act (HR-7783) as their preference for renewing the FCC’s auction authority, before a planned Tuesday hearing (see 2205170081), but there’s more uncertainty about whether they will be willing to attach related measures before it heads to the floor. Senate Commerce Committee leaders are tentative about HR-7783’s proposal to extend the FCC’s auction authority for 18 months to March 31, 2024, and some policy stakeholders told us they outright oppose such a short extension. The FCC's current auction authority expires Sept. 30.