Commissioner Mike O’Rielly said Monday he was asked by Chairman Ajit Pai to help build support on Capitol Hill for addressing FCC auction authority. “I’ve pushed as hard as I possibly can and will continue,” O’Rielly said, saying he testified on the importance of a fix and discussed it in Hill meetings. Sometimes Congress needs an “incident” to happen before it's willing to move, he told reporters. He also said he's confident the FCC's net neutrality repeal won't be overturned by lawmakers or courts.
Wireless industry lawyers see no wiggle room on FCC Chairman Ajit Pai's position that the agency won’t hold any spectrum auctions until Congress approves legislative language that would allow auction deposits to be sent directly to the Treasury Department (see 1710240065 and 1710250026). The stance raises questions about when the FCC will hold the first auction of high-frequency spectrum, which is a key building block of 5G. AT&T and other industry players want an auction of the 28 GHz and 37-40 GHz bands by December (see 1711150022).
LAS VEGAS -- Relations among FCC members remain the same as they were before the highly charged net neutrality debate resulting in last month’s vote overturning the 2015 net neutrality rules, Commissioner Mignon Clyburn told us at CES Tuesday. Clyburn joined Commissioners Mike O’Rielly and Brendan Carr on a CES panel Tuesday, amid tight security. Meanwhile, preoccupying CES Wednesday was a blackout that struck the Las Vegas Convention Center's Central Hall and kept that portion of the show in total darkness for several hours. Later in the day the blackout was blamed on the torrential rains that poured down on Las Vegas Tuesday.
Though OneWeb Chairman Greg Wyler indirectly owns 11.84 percent of the company, that shouldn't stop his SOM1101 from applying for FCC satellite system authorization, Boeing said in an International Bureau filing Friday seeking a waiver of the agency's Section 25.159(b) rule. Boeing wants to give its 2016 application to operate a non-geostationary orbit (NGSO) broadband satellite constellation to Wyler (see 1712070055). Boeing said Section 25.159(b) prohibits applying for NGSO-like system authorization if that party has an attributable interest in another entity with a pending application for an authorized-but-unbuilt NGSO-like system using the same frequency band. Boeing said Wyler's 100 percent indirect ownership of SOM1101 doesn't implicate the rule since he holds in the aggregate "significantly less" than 33 percent of the equity and debit interests in OneWeb, which is one of the definitions in Section 25.159(b) for attributable interest. Boeing said the agency's Section 1.2110(c)(2) rule -- which defines "controlling interests" as it governs eligibility for competitive bidding credits as a designated entity in spectrum auctions -- isn't implicated because Wyler doesn't have de jure or de facto control of OneWeb. Boeing said without a Section 25.159(b) waiver, development plans for the proposed NGSO system would be unnecessarily hampered, and no other NGSO-like systems would be hurt if a waiver were granted.
AT&T proposed a plan for a high-frequency spectrum auction to consolidate spectrum holdings, especially in the 39 GHz band, one of the first set for sale. A challenge to millimeter wave bidding is that incumbents have holdings “scattered throughout the band, typically in 50 MHz chunks,” blogged Hank Hultquist, vice president-federal regulatory. “Incumbents hold different types of geographic licenses that in many cases overlay each other. In order for the auction to be successful, the FCC must find a way to reorganize the band into block sizes that are more favorable for 5G, ideally 200 MHz blocks, and maximize the number of blocks.” AT&T proposed vouchers to incumbent licensees based on number of MHz/POPs they hold. Values would be set by bidding in the allocation phase. Hultquist said Tuesday the plan puts licensees on a level playing field. “It provides an elegant solution to the mish-mash of existing holdings in a way that maximizes the value and usability of the band,” he wrote. “By guaranteeing contiguity to successful bidders, the proposal allows winning bidders to maximize the bandwidth that will ultimately be available to consumers.” FCC officials say they can hold no major spectrum auctions until Congress approves legislative language that would let auction deposits be sent directly to the Treasury Department (see 1710240065). AT&T laid out the plan in a paper filed Tuesday in docket 14-177, by economists James Bono and Allan Ingraham of Economists Inc.
Telecom policy aides for the House and Senate Commerce committees signaled optimism Friday that lawmakers can act in 2018 on legislation to encourage broadband deployment and free additional spectrum. But continued rancor means even enactment of a still-elusive compromise net neutrality bill won’t bring to an end that long-standing debate, the staffers said during a Practising Law Institute conference. Senate aides touted the August passage of several long-stalled telecom bills, including the Mobile Now Act (S-19) spectrum bill, as their top achievement of 2017. Their House colleagues noted progress on FCC reauthorization and strong oversight of telecom-related agencies (see 1708030060, 1710110070 and 1710250050). PLI also heard Friday about media policy (see 1712080062).
The FCC Broadband Deployment Advisory Committee was a good idea, but its findings inevitably will reflect who's on the group, and state and local interests are underrepresented, NARUC General Counsel Brad Ramsay said Thursday at a Practising Law Institute conference. BDAC approved six sets of recommendations for speeding deployment of wireless and wireline infrastructure at its last meeting in November (see 1711090054). Other PLI news: 1712070063 and 1712070016.
House Communications Subcommittee members universally lauded potential benefits of deploying 5G technology during a Thursday hearing, with members of both parties emphasizing the need for the U.S. to take a leading role in advancing the technology. But the hearing also featured debate on proposals on Capitol Hill, the FCC and elsewhere to pre-empt state, local and tribal antenna siting rules, as expected (see 1711150052). Senate Commerce Committee staffers are evaluating a draft bill from Chairman John Thune, R-S.D., and Communications Subcommittee ranking member Brian Schatz, D-Hawaii, that would ease siting requirements (see 1710310057).
The FCC deserves credit for making more high-frequency spectrum available for 5G, expected at the Thursday commissioners’ meeting, but now the agency has to schedule an auction, blogged Stacey Black, AT&T assistant vice president-federal policy. “Now that the Commission has the 5G ball rolling with spectrum allocations, we urgently need to get to the next step -- auctioning this newly allocated spectrum so that mobile broadband providers can deploy as quickly as possible,” Black wrote Wednesday. “As an industry, we believe the best timing for auctioning the 28 GHz and 37-40 GHz bands is by December 2018. By this time, chipsets and equipment will be commercially available, FCC service rules will have been finalized, and standards will have evolved to a point that permits commercial 5G network deployments in 2019.” At the meeting, regulators will take up an order reallocating the 24 and 47 GHz bands for 5G (see 1710270030). Wireless industry officials expect an auction by the end of next year of bands reallocated in 2016 (see 1711030045). Citing the blog, Commissioner Mike O'Rielly tweeted Wednesday that he concurs on "need & timeliness of 5G spectrum auctions," but the agency "has a statutory hiccup" and he's supporting "targeted bills" by Reps. Brett Guthrie, R-Ky., and Doris Matsui, D-Calif. and by Senate Commerce Committee Chairman John Thune, R-S.D. According to O'Rielly's office, those were references to Guthrie and Matsui's Spectrum Auctions Deposits Act and to similar legislation Thune introduced last Congress and is working on again, though it hasn't been reintroduced.
The House Communications Subcommittee's Thursday hearing on 5G is aimed mainly at educating members on potential benefits of and barriers to 5G deployments, but it also could feature debate about related proposals to pre-empt state, local and tribal siting rules and exempt projects from some existing review requirements, lawmakers, House aides and lobbyists told us. Senate Commerce is evaluating the Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act (S-1988) and a draft bill from committee Chairman John Thune, R-S.D., and House Communications Subcommittee ranking member Brian Schatz, D-Hawaii, both geared toward easing siting requirements (see 1710200047 and 1710310057). The hearing begins at 10 a.m. in 2123 Rayburn.