The FCC reopened the possibility of making changes to its spectrum screen, focused on mid-band frequencies, seeking comment on a 2021 petition by AT&T asking for a rulemaking (see 2309220064). Industry experts said that doesn’t mean action is necessarily forthcoming, though some believe it could be. Comments are due on the public notice Oct. 23, replies Nov. 8, in docket 23-319.
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.
Commerce Secretary Gina Raimondo publicly committed Wednesday to brief Senate Commerce Committee members on the DOD study on repurposing the 3.1-3.45 GHz band for commercial 5G use sent to the Commerce Department last week (see 2309280087). Panel ranking member Ted Cruz, R-Texas, and several other members raised questions about the DOD study during a hearing on implementing the 2022 Chips and Science Act.
Commenters disagreed sharply on what the FCC should do in response to an August notice of inquiry on understanding nonfederal spectrum use. Some observers have questioned how much will be gained by the inquiry, especially because it doesn’t ask about federal use (see 2308020054). Comments were posted Wednesday in docket 23-232.
Fred Moorefield, who long oversaw spectrum policy at DOD, was charged with promoting and furthering animal fighting. Moorefield has been on leave from DOD, where he was deputy chief information officer-command, control and communications. Industry officials said Monday's announcement was a surprise but may have limited effect since Moorefield’s retirement was expected. Charges were filed in U.S. District Court for Maryland.
The Senate confirmed FCC Commissioners Geoffrey Starks and Brendan Carr to new five-year terms Saturday, providing stability for the agency and assuring a 3-2 Democratic-controlled commission through the end of the current administration. Two big, contentious items are already in the pipeline -- a net neutrality NPRM at the commissioners' Oct. 19 open meeting and a Nov. 15 statutory deadline to issue digital discrimination rules, with a commission meeting also scheduled for that day. If the Senate hadn't acted, Starks would have had to leave in January and the FCC would have been back to a 2-2 split between Democrats and Republicans.
Most commenters want the FCC to use a nonexclusive licensing approach for the 42 GHz band, they said in reply comments posted Monday and last week in docket 23-158. Among the major carriers, only T-Mobile filed comments (see 2308310053). Commenters also urged the FCC to approve a similar regime for the lower 37 GHz band. Commissioners approved 4-0 an NPRM in June asking about three potential approaches in the band -- nationwide nonexclusive licensing, site-based licensing and technology-based licensing (see 2306080042).
The U.S. wireless industry invested $39 billion in infrastructure, and “America leads the world in 5G availability,” but leadership is in doubt unless more spectrum is allocated for industry to keep up with demand, CTIA President Meredith Baker said Tuesday at the start of the Mobile World Congress in Las Vegas. The U.S. is falling behind many other countries on mid-band for 5G, she said. Baker urged special focus on reallocating the lower 3 GHz, 4 GHz and 7 GHz bands for 5G.
The FCC's abdicating its internet oversight authority in 2017 largely neutered the agency's ability to protect online privacy and to require ISPs to address lengthy outages, Chairwoman Jessica Rosenworcel said Tuesday as she announced the agency was moving to take that authority back. Reclassification of broadband as a service under Title II would end having to often jury-rig legal justifications for actions the agency is taking, she said, saying October's agenda will include a draft NPRM on reinstating the agency's 2015 net neutrality rules. The move met loud criticism, including from inside the FCC, as well as support.
Two years after AT&T filed it at the FCC, the commission sought comment Friday on a petition asking for a rulemaking on mid-band spectrum screen covering 2.5-6 GHz (see 2109010069). Comments are due Oct. 23, replies Nov. 8, in docket 23-319. The Wireless Bureau and the Office of Economics and Analytics “first seek comment on AT&T’s request that the Commission initiate a rulemaking proceeding,” the notice said: “We then seek comment more broadly on whether we should recommend that the Commission, in the context of initiating a rulemaking, propose other changes to its mobile spectrum holdings rules and policies.” Among other questions asked is whether the spectrum range highlighted by AT&T is broad enough and whether the commission should undertake a “case-by-case review of long-form license applications rather than adopt ex ante limits.” The notice asks “whether and how we should recommend to the Commission that it propose additional amendments to its mobile spectrum holdings rules and policies, in light of evolutions in technology and market dynamics.” It asks about changes to FCC rules or policies to promote competition and ensure “there is sufficient spectrum available for multiple existing mobile service providers as well as potential entrants.” Should the FCC update the spectrum included in that screen, “or adjust the approximate one-third trigger for the spectrum screen that the Commission currently applies?” the notice asks: “How should the Commission address spectrum aggregation as new bands become available? ... We seek comment on whether the Commission should consider spectrum weighting and, if so, what specific weighted factors should be considered.” AT&T urged the FCC to consider a screen similar to those already established for high- and low-band spectrum. “We believe that such a tool would assist the Commission in identifying spectrum aggregations that may cause competitive harm by allowing a licensee to hold so much mid-band spectrum in a given market that it becomes impossible for others to compete effectively,” AT&T said then. Last year, AT&T asked the FCC not to award T-Mobile 2.5 GHz licenses it won in an auction based on its rival’s mid-band holdings (see 2211210085).
Interest is still high in both the House and Senate in including a temporary restoration of the FCC’s auction authority in a continuing resolution to extend federal appropriations past the end of FY 2023 Sept. 30 (see 2309190001), but some on and off Capitol Hill now believe attaching the narrower 5G Spectrum Authority Licensing Enforcement Act (S-2787) is a more viable option for breaking the mandate logjam. Lobbyists believe the chances S-2787 will appear in a Senate-side CR improved considerably after the chamber passed the measure Thursday via unanimous consent.