Negotiations on a potential deal to attach to the FY 2018 omnibus spending bill legislative language on FCC reauthorization and some spectrum issues progressed Wednesday but agreement wasn't reached, said Senate Commerce Committee Chairman John Thune, R-S.D. “We've made some progress,” but "I don't think we're there yet,” Thune told reporters. Lawmakers have been hoping to include language from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060) in the omnibus (see 1802270055). HR-4986, which cleared House Commerce earlier this month, includes language to authorize additional repack funding (see 1802140064). The bill includes language from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits in future spectrum auctions in a Treasury Department fund (see 1710250026). “What we're trying to do is find that zone of agreement” on language that satisfies members of both parties, Thune said. A deal “would accomplish a lot of things that we've been trying to get done for a while,” he said: “It could potentially be a very significant accomplishment,” but “it's never done 'til it's done.” Thune acknowledged that “there is a certain amount of pressure because of the time constraints associated with putting together” the omnibus. House Commerce Committee Chairman Greg Walden, R-Ore., said Monday a factor at play was resolving concerns that DOD had with S-19's language that came after the Senate originally passed the measure in August. Those concerns led House Commerce staff to scuttle a bid to attach S-19's provisions to HR-4986 ahead of the committee's markup last month.
Congressional leaders are working to see if they can reach a deal to attach legislative language on FCC renewal and some spectrum issues to the FY 2018 omnibus spending bill, the leaders of the House and Senate Commerce Committees told reporters Tuesday. The current continuing resolution to fund government expires March 23. House Commerce is also eyeing upcoming work on STELA reauthorization and paid prioritization issues, said Chairman Greg Walden, R-Ore. Walden also touted House Commerce's communications policy priorities Tuesday, at an NAB conference.
Chairman Ajit Pai said the FCC hopes to hold an auction of the 28 GHz band in November, followed immediately by a 24 GHz auction. But Pai, at the Mobile World Congress, Monday, said doing so relies on Congress passing legislation by May 13 giving the agency the ability to handle upfront payments. On a third band, NTIA Administrator David Redl said Monday his agency will study the 3450-3550 MHz band for wireless broadband. It sits just below the 3.5 GHz Citizens Broadband Radio Service frequencies, a focus of the commission.
The Trump administration is looking at what approach it should take on a spectrum plan, said Kelsey Guyselman, policy adviser to the White House Office of Science and Technology Policy, at an FCBA 5G session Wednesday. Guyselman and other speakers also stressed the importance of cybersecurity in a 5G world. The Obama administration took an active role in spectrum, pushing sharing over exclusive use licenses in many cases, but the Trump administration has been relatively quiet 13 months in (see 1712270032). “We’ve been thinking a lot about that and how to approach that,” Guyselman. “There’s not just sort of the traditional low-hanging fruit anymore.”
Commissioners approved 5-0 an NPRM on spectrum above 95 GHz for new services and technologies, opening a “spectrum horizons” proceeding. Industry has shown little interest (see 1802200058), but Chairman Ajit Pai said Thursday the FCC shouldn’t be deterred. After the meeting, commissioners clashed over the lack of scheduled auctions for any bands.
Pointing to FCC Section 25.159(b) rules aimed at preventing spectrum speculation, non-geostationary orbit satellite constellation operators oppose Boeing's ask to substitute OneWeb Chairman Greg Wyler and his SOM1101 for two of its pending NGSO applications (see 1801020007). A satellite lawyer said the FCC likely will dispose of the Boeing petitions quickly as it tries to move on the pending applications, with the agency highly unlikely to go along given how approval goes against rules and implications for other proceedings that involve attributable interest issues, like spectrum auctions. Boeing and Wyler didn't comment Tuesday. The company argued Wyler doesn't have attributable interest in OneWeb (see 1801020007).
President Donald Trump’s administration again proposed to cut federal funding to CPB in its FY 2019 budget proposal, placing it among the 22 entities it’s aiming to zero out for federal funding in a bid to “bring Federal spending under control, and reduce deficits by $3.6 trillion over the budget window.” The administration also proposed Monday expanding FCC authority to do spectrum auctions and eliminating accrued interest on future deposits in the Rural Utilities Service borrowers’ cushion of credit accounts. The budget largely maintains the funding levels the FCC, FTC and NTIA proposed in the Trump administration’s FY 2018 request, all of which are down from the year’s funding levels under continuing appropriations (see 1705230041). The White House also released its infrastructure legislative proposal, which would streamline the permit review process for small cells and Wi-Fi deployments (see 1802120001).
The House Commerce Committee's top telecom priorities to begin 2018 include the Spectrum Auction Deposits Act (HR-4109), boosting funding for repacking reimbursements and a spate of broadband infrastructure bills set for a Tuesday hearing, committee Chairman Greg Walden, R-Ore., said Monday during the State of the Net conference. The House Communications Subcommittee's Tuesday hearing will examine more than a dozen Republican-led bills filed in recent weeks laying out Republicans' vision of a broadband title in omnibus infrastructure legislation, along with Democratic and bipartisan legislation (see 1801110058, 1801160048, 1801170055, 1801180058 and 1801190048). The hearing will be before President Donald Trump's State of the Union address, which is expected to touch on his administration's infrastructure legislative proposal (see 1801170054).
A coalition of companies interested in unlicensed use of the 6 GHz band filed an FCC report explaining how the companies believe the band can be opened without harmful interference to incumbents. Industry officials said the report responds to concerns raised by the FCC, particularly Julius Knapp, chief of the Office of Engineering and Technology, who asked for details on an interference mitigation strategy. Commissioner Mike O’Rielly indicated his support and urged action.
Commissioner Jessica Rosenworcel Wednesday urged the FCC to release a spectrum calendar, listing the dates of spectrum auctions. “Make public a #spectrum calendar, identifying what #wireless bands will be brought to market in the future,” Rosenworcel tweeted. “It can start with 28, 37, 39, and 3.5 GHz. The sooner we make our plans -- for licensed and unlicensed airwaves -- clear, the stronger our #5G future.” The FCC has been in limbo over auctions. Chairman Ajit Pai says the agency won’t hold any spectrum auctions until Congress approves legislative language that would let auction deposits be sent directly to the Treasury Department (see 1801160034). Pai says the Communications Act requires deposits placed by bidders in spectrum auctions be sent to the Treasury. “Recent regulatory requirements have dissuaded private institutions from holding upfront payments,” he testified to the House Communications Subcommittee in October. “Public institutions have indicated that they will not set up the special purpose accounts that would be necessary to offer such services. As a result, no financial institution will accommodate the holding of upfront payments in an interest bearing account for a large spectrum auction.” An FCC spokesman said Pai has been clear on the issue.