The FCC will auction off three more high-frequency bands in the second half of 2019, Chairman Ajit Pai said Wednesday as he unveiled the items for an Aug. 2 commissioners’ meeting. Pai said the meeting will focus on 5G, with draft rules for the first high-band spectrum auctions targeted for a vote. Pai also tentatively plans votes on a draft order to adopt "one-touch, make-ready" pole attachments and bar state and locality moratoriums on network buildouts, a draft order on broadcast ownership diversification through incubators and a draft notice of inquiry on creating a $100 million telehealth pilot program.
Supreme Court prospect Thomas Hardiman has ruled for and against FCC rules governing small business bidding credits in wireless spectrum auctions, but never reversed auction results. The judge of the 3rd U.S. Circuit Court of Appeals since 2007 reportedly remained in contention to replace retiring Justice Anthony Kennedy on the high court, along with the D.C. Circuit's Brett Kavanaugh, the 6th Circuit's Raymond Kethledge and the 7th Circuit's Amy Coney Barrett. Kavanaugh has by far the most extensive record on telecom and media law. Kavanaugh -- in dissenting from 2017's USTelecom ruling (here) upholding the FCC's 2015 net neutrality order -- and Kethledge (here) have voiced skepticism about broadly deferring to regulatory agencies on ambiguous statutes under the Chevron doctrine (see 1807040001). President Donald Trump planned to have announced his nominee Monday night.
Bidirectional sharing of commercial spectrum for federal users to have access to commercial spectrum has emerged as a Trump administration focus. Proposals remain controversial for carriers.
The Senate Commerce Committee's Wednesday hearing for FCC nominee Geoffrey Starks will likely provide further insights on the nominee but don't expect major surprises, lawmakers and communications industry officials said in interviews. He would succeed former Commissioner Mignon Clyburn (see 1806010072 and 1806040067). Senate Commerce has been working to fast-track its consideration of Starks, who remains largely unknown to many (see 1806120047 and 1806150031).
A Wednesday Senate Commerce Committee oversight hearing with NTIA Administrator David Redl will likely -- to varying degrees -- focus on the federal spectrum policies of President Donald Trump's administration (see 1806120056), improving national broadband map data accuracy and the 2016 Internet Assigned Numbers Authority transition, said lawmakers and communications sector experts in interviews. The hearing will begin at 2:30 p.m. in 253 Russell. It's Redl's first before Senate Commerce since his November confirmation (see 1711070076, 1711070084 and 1711080015). Redl also testified during a March House Communications Subcommittee hearing.
CTIA, the Wireless Infrastructure Association and 14 other groups urged Congress Monday to act on the Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act. HR-4953/S-1682, filed in the Senate in August, aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via a future FCC auction (see 1708010069). House Communications Subcommittee Vice Chairman Leonard Lance, R-N.J., and ranking member Mike Doyle, D-Pa., filed the House version in February (see 1802070054). HR-4953/S-1682 “provides the certainty necessary for the U.S. to reclaim global wireless leadership by establishing clear auction deadlines for substantial amounts of low-, mid- and high-band spectrum," the groups wrote the act’s House and Senate sponsors. They praised emphasis on rural connectivity, saying had its provisions “been in place, the previous two spectrum auctions alone would have resulted in a rural broadband investment of more than $6 billion," or more than the FCC Mobility Fund will make available over a decade.
Commissioners were in lockstep Thursday as they approved a high-band Further NPRM, though there was a party-line rift over the pre-auction limit of 1250 MHz of millimeter-wave spectrum that any party can buy at auction. The agency is sending "confusing signals" to industry given those limits and yet not committing to a time frame for making available more spectrum, said sole Democratic Commissioner Jessica Rosenworcel, who dissented in part. Her support of the pre-auction limits was unclear (see 1805250058). The FCC said there was no substantive changes from the draft, but the approved item wasn't released Thursday. Commissioners also Thursday approved a telecom discontinuance streamlining order and six other items (see 1806070021).
Between now and the U.S. 5G future sit hurdles ranging from an "urban crunch" of spectrum availability to the morass of dealing with legions of local zoning and permitting steps, speakers said at an Axios event Wednesday. North America “started late” on 5G standardization, behind the Far East, but the country has reversed its position in the past two years and the first large-scale rollout likely will happen within the next 12 months in the U.S., said Ericsson North America CEO Niklas Heuveldop.
Chairman Ajit Pai defended the FCC December order to rescind 2015 net neutrality rules amid criticism Thursday from Senate Appropriations Financial Services Subcommittee Democrats, a day after the Senate voted 52-47 to pass a Congressional Review Act resolution aimed at repealing the rescission order (see 1805160064). FTC Chairman Joseph Simons, in his first Capitol Hill appearance since becoming the head earlier this month (see 1805010026), faced questions on his vision of the trade commission's policy role on net neutrality, privacy and data security issues.
House Appropriations Financial Services Subcommittee Democrats used a hearing Thursday on the FCC's FY 2019 budget request to criticize Ajit Pai's actions since becoming chairman at the beginning of 2017, including media ownership actions seen as benefiting Sinclair's proposed buy of Tribune and the December rescission of net neutrality rules. Republican appropriators highlighted Pai's goals and dived into how the commission would implement telecom policy elements included in the FY 2018 omnibus spending bill that President Donald Trump signed in March (see 1803210041, 1803210068, 1803220048 and 1803230038). The omnibus included text of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986).