Trade Law Daily is a Warren News publication.
More to Come

With Eye on 5G, FCC Seeks Comment on Rules for First High-Frequency Spectrum Auctions

The FCC approved a public notice on the first auctions of millimeter-wave spectrum for 5G. The Tuesday vote was 5-0, though Commissioner Mignon Clyburn concurred, at what she later said is her last meeting, because of her concern the notice should ask additional questions (see 1804170021). A day earlier, CTIA said the U.S. is falling behind China in the race to the next generation of wireless (see 1804160056). U.S. carriers have been focused on high frequency bands in their initial rollouts of 5G with tests underway and commercial launches expected later this year.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

The PN proposes to offer some 6,000 licenses through two auctions. Auction 101 of 28 GHz licenses is to start Nov. 14. An auction of 24 GHz licenses, Auction 102, “will commence immediately after the conclusion of Auction 101,” said a news release. “The FCC also proposes to have separate application filing windows for the auctions and seeks comment on whether to apply certain auction rules, e.g., prohibition on certain communications, across both auctions.” The FCC also released the notice. Comments are due May 9, replies May 23.

Wireless Bureau officials said the PN asks about a question raised by CTIA (see 1804120059), whether anti-collusion rules should apply across the two auctions and include applicants in both.

Clyburn said she's “disappointed” her colleagues didn’t support her request for a line of questions on whether the FCC should auction the 24 GHz band first. “There are pros and cons to whichever bands the commission auctions first,” she said. “Since the 24 GHz band is greenfield, it may generate more interest than the 28 GHz band. But by not asking the question, we send the signal that the commission would not even entertain any argument on leading with 24. Why would we want to prejudge these views now?” Clyburn said the PN was changed to seek comment on whether the FCC should accept applications for the second auction while the first was underway.

Commissioner Jessica Rosenworcel voted yes, renewing her calls for the FCC to develop an auction calendar. “It is troubling that this agency has watched as South Korea, Germany, Australia, the United Kingdom and Romania have already announced plans for 5G auctions,” she said. “China also has big plans in the works with significant amounts of mid-band and high-band spectrum already identified for 5G." The U.S. can’t rest on past accomplishments, she said.

Don't delay, agreed Commissioner Mike O’Rielly. “We need to schedule auctions for the 37 and 39 GHz bands immediately and create an auction timetable for the other bands coming down the pipeline,” he said. “Affected industry needs to know as soon as possible when they will need the resources to participate in what is turning into a necessary ingredient in 5G services.”

We are currently in a race for global leadership in the rollout of 5G and we are taking action to be in the lead,” said Chairman Ajit Pai, “The FCC is moving full-steam ahead to make spectrum available.” Pai “deserves credit for pressing ahead and ensuring we were ready to hold these auctions as soon as Congress provided us with the authority to do so,” said Commissioner Brendan Carr. “The FCC’s forward-leaning approach to 5G benefits everyday Americans.”

The Competitive Carriers Association said the FCC should have teed up additional millimeter-wave bands for auction. “Limiting the amount of spectrum on which carriers can bid means fewer opportunities for carriers to utilize this valuable resource for the benefit of consumers,” CCA said. “The FCC must ensure that all carriers have the opportunity to access mmW spectrum at auction, including additional mmW bands which would speed deployment of 5G technologies.”

CTIA applauds the FCC for moving forward with the first high-band spectrum auctions for 5G,” said Scott Bergmann, senior vice president-regulatory affairs. “Spectrum availability is a key input in the readiness and ability of the U.S. to win the global race to 5G.”

Also at Tuesday's meeting, for votes on broadband business and rural calling: 180417002; and for national security and other items: 1804170038.