All four FCC commissioners expressed support Wednesday for proposed rules to more precisely route wireless 911 calls and texts to public safety answering points through location-based routing (LBR). The NPRM wasn’t controversial while before commissioners, though industry is expected to weigh in during the comment period (see 2212200064).
The Senate appeared poised to pass as soon as Wednesday an FY 2023 appropriations omnibus package that includes another short-term extension of the FCC’s spectrum auction authority, though the situation remained fluid late that afternoon amid continued wrangling over potential votes on amendments to the measure. Lawmakers agreed to attach a renewal the FCC’s remit through March 9, after an objection from Sen. Mike Rounds, R-S.D., derailed a negotiated deal to include a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures (see 2212200077).
Sen. Mike Rounds, R-S.D., who sank a bid by telecom-focused congressional leaders to attach a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related telecom priorities to the FY 2023 appropriations omnibus measure (see 2212190069), claimed Tuesday that DOD faced outside pressure to agree to back the proposal. Rounds vowed to continue opposing future attempts to weaken DOD's authority to manage its spectrum holdings.
House Communications Subcommittee leaders are monitoring from afar Senate Commerce Committee negotiations on a potential compromise spectrum measure with an eye on the legislative clock as they question if a viable alternative to the existing Spectrum Innovation Act (HR-7624) is achievable amid the jam-packed lame-duck session. Fraught talks are underway aimed at reaching a deal on an FY 2023 appropriations omnibus package seen as a potential vehicle for passing spectrum legislation and allocating new funding for two bipartisan telecom priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades. Hill leaders released a compromise version of the FY 2023 National Defense Authorization Act Tuesday without language authorizing funding for the telecom priorities (see 2212070056).
Congress is buying itself more time to continue negotiations on a potential spectrum legislative package by agreeing to temporarily extend the FCC’s auction authority through Dec. 16 (see 2209210076), but the breathing room hasn’t appreciably improved prospects those talks will result in a deal by the new deadline, lawmakers and lobbyists told us last week. The House voted 230-201 Friday to pass a continuing resolution that includes the FCC renewal and an extension of federal appropriations to the Dec. 16 date (HR-6833). The Senate approved it Thursday (see 2209290066). President Joe Biden was expected to sign the measure before FY 2022 appropriations expired late Friday.
Telecom-focused lawmakers are hopeful they will be able to reach a final deal in the coming days to include a short-term extension of the FCC’s expiring spectrum auction authority in a potential continuing resolution to extend federal appropriations past Sept. 30 (see 2209090053). Talks Wednesday appeared to be strongly coalescing around a stopgap reauthorization through Dec. 16 -- in line with the likely expiration of the overall CR -- but there’s been no final deal, lawmakers and lobbyists told us. Lawmakers believe the temporary renewal will give them more breathing room to reach a deal on a broader spectrum legislative package during the lame-duck session (see 2208090001).
In an updated report, Analysys Mason said the U.S. “continues to trail leading countries in available licensed mid-band spectrum, a trend expected to continue for the foreseeable future if no action is taken,” said CTIA, which commissioned the report released Tuesday: “The U.S. lags the top three studied nations -- Japan, the United Kingdom and France -- by 530 MHz on average. In five years, the U.S. will continue to lag, trailing the future top three countries by 415 MHz on average.” The report stresses the need for licensed spectrum in the 3-7 GHz range. It notes that only two countries plan to make more unlicensed spectrum available in the next five years and both will continue to trail the U.S. “The U.S. is also an outlier as the only country to make unlicensed spectrum available between 3.3 GHz and 4.2 GHz,” the analysis said. The U.S. targeted 6 GHz for unlicensed use, and China is considering licensing the band. “The FCC made great progress with recent mid-band spectrum auctions, but this study shows there is more work to be done,” said CTIA President Meredith Baker.
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and House Communications Subcommittee Vice Chair Doris Matsui, D-Calif., led filing Thursday of the Digital Equity Foundation Act to create a nonprofit foundation to disburse funding for digital equity, inclusion and literacy projects and support related activities. The measure mirrors parts of an earlier Airwaves for Equity proposal to endow a digital equity foundation using future FCC spectrum auction revenue (see 2202230058) but doesn’t mention a specific funding source. The foundation would “supplement, but not supplant,” existing NTIA and FCC connectivity funding programs, including ones Congress created via the Infrastructure Investment and Jobs Act. Lujan’s office cited the success of other congressionally established nonprofits, saying they were a way of leveraging public-private partnerships. “Critically, this legislation also ensures” the decision-makers who created the nonprofit “will consist of experts that reflect the diverse communities that are in need of these investments, who will work closely with federal agencies to support and uplift digital equity-focused programs,” Lujan said. “This legislation will jumpstart us down the road to lasting digital equity and inclusion nationwide,” Matsui said. Without “sustained investments in digital adoption and inclusion efforts at the community level, the huge new investments in broadband infrastructure and affordability won’t close the digital divide,” said New America’s Open Technology Institute Wireless Future Project Director Michael Calabrese: “A Digital Equity Foundation dedicated to this work and, if possible, funded by future spectrum auctions, will provide a sustainable way to address the broadband adoption side of the digital divide.” Lujan’s office cited support from 10 other public interest groups, including the American Library Association, National Hispanic Media Coalition, Public Knowledge and the Schools, Health & Libraries Broadband Coalition.
Additional money to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program and a short-term extension of the FCC’s expiring spectrum auction authority both remain under consideration as additions to a planned continuing resolution to extend federal appropriations past Sept. 30, but talks remain highly fluid, lawmakers and lobbyists told us last week. Senate Commerce Committee ranking member Roger Wicker, R-Miss., Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and other committee leaders left open the possibility of a short-term auction authority renewal as a stopgap, telling us they hadn’t reached a deal during the August recess on a broader spectrum legislative package.
Spectrum auctions usually don’t have clear winners, but T-Mobile looks like it won the 2.5 GHz auction, MoffettNathanson’s Craig Moffett told investors. The auction ended Monday with net proceeds of $427.8 million (see 2208290043). “While we won’t know for sure who ‘won’ the licenses in question for another week or so, it is universally assumed that T-Mobile was far and away the auction’s principal buyer,” Moffett said: It's “the only U.S. company that uses 2.5 GHz spectrum (2.5 GHz is the backbone spectrum band of their 5G network), and the licenses at auction were best seen as the ‘holes in the Swiss cheese’ of T-Mobile’s otherwise national 2.5 GHz footprint. There was a great deal of spectrum here for sale, but it wasn’t geographically contiguous, and thus it would be difficult for anyone other than T-Mobile to use it.” Few speculators likely jumped in, he said. “If there is but one true exit -- i.e., to sell to T-Mobile -- then bidding more than T-Mobile was willing to pay would seem an ill-advised strategy.” The spectrum adds to T-Mobile’s “already-large spectrum advantage versus Verizon and AT&T” at a “much lower price than had been expected,” he said. “We congratulate the FCC on completing the 2.5 GHz auction, which will help enhance 5G coverage across the country,” emailed CTIA Senior Vice President-Regulatory Affairs Scott Bergmann: “We look forward to working with Congress, the FCC and the Administration to identify the next 5G auction of licensed spectrum that will be critical to maintaining our position as the world’s innovation hub and leader of the growing 5G economy.”