A CTIA executive on Wednesday criticized DOD’s work so far on the potential clearing of parts of the lower 3 GHz band. “We need more spectrum to meet commercial demand” and the federal government holds the most spectrum, said CTIA Senior Vice President-Spectrum Umair Javed during an Information Technology and Innovation Foundation webinar on Wednesday. Other panelists praised the Biden administration for releasing a national spectrum strategy (see 2403120006). The strategy includes a co-led NTIA and DOD study of the lower 3 GHz band.
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.
Two retired senior military officials on Wednesday urged collaboration between the wireless industry and the DOD on opening the lower 3 GHz and 7/8 GHz bands for licensed use. While the U.S. “has been the established global leader in wireless, a new technology superpower -- China -- is emerging with astonishing speed,” said Mike Rogers, a retired U.S. Navy admiral and former director of the National Security Agency, and Bruce Crawford, retired lieutenant general and former Army chief information officer. “Both our military and commercial sectors need access to spectrum -- but today our national spectrum policies are struggling to keep up with critical needs,” they said in a Stars and Stripes essay. The lower 3 and 7/8 GHz bands align “with our allies around the globe and should be our priority,” they added. “We should explore all opportunities for full-power commercial access to these bands while ensuring that the needs of federal missions are fully met.” In addition, DOD needs clear direction and a schedule of auctions from the FCC, Rogers and Crawford wrote: “Too often our military is forced to respond to band-by-band spectrum access requests without any global view of the policy objective or insight into when or where the next request will be received. That is not how the military works.”
Carriers need more spectrum and the 24 GHz band is important to deploying 5G, CTIA said in reply comments on a December NPRM examining changes to the rules. CTIA and other wireless industry commenters said the FCC should harmonize rules with decisions made during the World Radiocommunication Conference in 2019 but go no further.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us she's considering a clean FCC reauthorization bill that could pay for some of congressional leaders’ telecom priorities but wouldn’t necessarily mandate that the commission begin sales of specific frequencies. Senate Commerce plans a March 21 hearing on that and other spectrum policy issues, Cantwell told us Thursday ahead of a formal panel announcement. Cantwell's proposal would be in line with her pursuit of a slimmed-down measure (see 2403110066) drawing some elements of the stalled House Commerce Committee-cleared Spectrum Auction Reauthorization Act (HR-3565).
NTIA Tuesday released its implementation plan for the national spectrum strategy. Under the plan, studies for the 3.1-3.45 GHz and 7/8 GHz bands, top priorities of wireless carriers, will begin this month and be completed in October 2026 (see 2403120006). FCC Commissioner Brendan Carr criticized the plan, saying in “the best case” the lower 3 and 7/8 GHz bands won’t be available until 2028. Others had a more positive take.
President Joe Biden is requesting increased funding in FY 2025 for the FCC, Patent Office and the Commerce Department’s Bureau of Industry and Security (see 2303130070). The FY25 requests are lower than FY24's for the FTC, NTIA, the National Institute of Standards and Technology, DOJ’s Antitrust Division and some Agriculture Department broadband programs, though in some cases the Biden proposal exceeds ultimate Congressional allocations for FY24. Biden signed off Saturday on the Consolidated Appropriations Act FY24 appropriations minibus package (HR-4366), which included funding cuts for NTIA and other Commerce agencies but a slight increase for DOJ Antitrust (see 2403040083). The Senate voted 75-22 Friday night to approve the package.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., filed their long-circulating 2024 Spectrum Pipeline Act Monday with some changes from a draft version proposed in the fall (see 2311220063). The proposal drew sharply divided reactions from communications policy stakeholders. Some lobbyists suggested Cruz and Thune filed the measure Monday to get ahead of NTIA's planned release later this week of its implementation plan for the Biden administration's national spectrum strategy (see 2403050048).
CTIA supports a public notice by the FCC Wireless Bureau Thursday seeking comment on how to make unassigned licenses in the agency's inventory available for use absent general auction authority (see 2403070062). CTIA appreciates Chairwoman Jessica Rosenworcel’s “focus on spectrum auctions as an ‘indispensable’ tool for promoting economic growth and national security,” emailed Scott Bergmann, senior vice president-regulatory affairs. The notice “only underscores the importance of Congress moving rapidly to restore the FCC’s auction authority and create a pipeline of licensed spectrum to ensure our wireless leadership.”
Competitive Carriers Association President Tim Donovan Friday called on Congress to restore FCC auction authority. The lapse “creates challenges for the wireless industry and frustrates America’s goals to remain the global wireless leader,” he said. “Competitive carriers must have access to spectrum to meet our nation’s insatiable demand for wireless connectivity, especially as carriers deploy 5G and prepare for 6G services.” Auction authority lapsed a year ago.
The FCC opened a docket Thursday asking how it can make available unassigned licenses in its inventory absent general auction authority. Comments are due April 8, replies April 22, in docket 24-72. The notice comes on the one-year anniversary of the expiration of FCC auction authority. “We are now compelled to ask what we can do with our current unassigned spectrum in order to keep innovation moving ahead in a global market for wireless that is not slowing down,” said Chairwoman Jessica Rosenworcel: “I remain hopeful that the FCC’s auction authority will be restored quickly. … The agency stands ready to work with lawmakers to ensure we don’t find ourselves in the same place next year.” Rosenworcel said last year the FCC would consider a remnants auction of returned and unsold spectrum licenses if its auction authority is restored (see 2307280046). The FCC has most often made contested spectrum available through auctions, said the notice by the Wireless Bureau. “The Commission now faces a unique and historic challenge of how to facilitate the deployment of advanced wireless services across the country without using auctions to resolve mutually exclusive applications,” the bureau said. The bureau said it’s “compelled to explore how its existing regulatory tools could be used to provide the public with access to spectrum that would otherwise lie fallow.” The notice asks specifically about three alternatives for providing access: dynamic spectrum sharing techniques, nonexclusive site-based licensing and leasing inventory licenses. “We seek comment on each approach, as well as combinations of approaches … and any other methods that could be used to make Inventory Spectrum available to the public,” said the bureau.