August FCC Meeting to Focus on 5G, OTMR Pole Attachments; Another Auction Promised

Pai isn't seeking a vote on a national TV ownership cap at the meeting, which already was pushed back. That makes it unlikely the FCC will issue such rules before an expected U.S. Court of Appeals for the D.C. Circuit ruling considered likely to knock down the restored UHF discount, industry lawyers said.

On the agenda are draft final rules for the first high-band spectrum auctions, 28 and 24 GHz, with the 24 GHz auction to start Nov. 14. “These will be the first auctions of high-band spectrum for 5G services, but they won’t be the last,” Pai said. He said the FCC will hold a single auction next year for 37, 39 and 47 GHz. An NPRM that's part of the item will seek comment on offering those bands in 100 MHz license blocks “so they can more easily be auctioned together,” Pai said.

Another draft order focuses on streamlining work to speed pole attachments. The draft would set a one-touch, make-ready policy, with "appropriate safeguards" to "protect existing pole attachments and worker safety," Pai said. "Instead of having multiple parties sequentially prepare poles for a new attacher, as is current practice, the process can be much quicker if a single construction crew does all the make-ready work at once. By making it quicker and cheaper to attach to poles, we can accelerate network buildout and make it easier for new entrants to provide more broadband competition."

The draft "also makes clear that it is contrary to Federal law for states and localities to put in place moratoria on network buildout," Pai said. He said the item grew out of a Broadband Deployment Advisory Committee recommendation, and cited a particular need to spur "smaller denser infrastructure" for 5G. But the bulk of the order is focused on wireline network pole attachments, said an official.

Reaction

Industry officials want to see the item to have a better idea of the importance of the action on moratoriums and noted the FCC’s siting shot clock already effectively prevents them. A big wireless infrastructure item, which will address rates and fees by state and local governments, isn't on the August agenda (see 1806260063).

“We are grateful to see that the commission understands that there are acts that it needs to take to enhance broadband deployment regardless of technology,” said Best Best local government attorney Gerry Lederer. NATOA and others representing states and localities declined comment.

“The one-touch, make-ready rules are initial fruits of the BDAC process, to be followed by more,” said network architect Richard Bennett, who is on a BDAC working group. “Pai is making it clear that he’s very serious about accelerating 5G.”

“The FCC’s rapid action on high frequency auction rules" reflects Pai’s "commitment to 5G leadership in the U.S. and good governance,” said Fred Campbell, director of Tech Knowledge. “The orders on attachments and network moratoria are likely first steps in the agency’s efforts to decrease barriers to broadband infrastructure deployment.”

Incubators

Commissioners are expected to vote on a draft order creating an incubator plan for broadcasters, as expected (see 1806290039). It would "enable the pairing of small aspiring, or struggling, broadcast station owners with established broadcasters who will provide assistance with training, finances, mentoring, and industry connections,” Pai blogged. A vote at the August meeting would allow the agency to report on the program to the 3rd U.S. Circuit Court of Appeals in time for the court’s August deadline. The plan initially will be limited to radio, a release said.

An official said the item offers incubators a waiver of the radio local ownership rule. The Diversity and Digital Empowerment Advisory Committee recommended the agency not offer an incubator ownership waiver.

The agenda also includes an NPRM on implementing Congress’ grant of additional repacking funds to low-power TV, radio stations and translators affected by the incentive auction. The item seeks comment on how the funds should be dispensed and how reimbursements will be calculated, an official said. The local radio ownership rule governs how many stations a broadcaster can own in a market, based on market size.

On TV station ownership, though the agency was believed to be aiming to beat the court, the FCC is now seen as having cooled to that idea. The agency is still seen as likely to alter the cap, but it likely would be after the court has weighed in, industry officials said. The lack of action on the cap makes it less clear what the FCC will do on Sinclair buying Tribune, such experts said.

The deal’s comment period wraps up Thursday, and Sinclair argued the FCC must rule on the deal under current ownership rules, which include the UHF discount. Opponents said the agency must wait on the D.C. Circuit’s decision before deciding. Sinclair/Tribune’s 180-day shot clock is expected to resume after the comment period ends, and has 13 days remaining. Sinclair didn't comment.

A draft NOI for the meeting would seek comment on a USF pilot to support telehealth services with a focus on connecting people outside healthcare facilities, said Pai, noting he had asked Commissioner Brendan Carr to explore ways to promote further movement toward "connected care everywhere." Carr told us he believes such services can drive significant improvements in outcomes and efficiencies. The FCC expects various providers of healthcare and broadband services to seek support while making their own contributions in "package" applications, he said.

The envisioned $100 million program would target low-income Americans "living in rural areas and veterans," Carr said, noting a commentary with Sen. Roger Wicker, R-Miss. “High-tech, life-saving services are no longer limited to the confines of connected, brick-and-mortar facilities," Carr said. The NOI would seek to support a limited number of projects over two or three years, with controls to verify benefits, costs and savings. "Whether it’s via remote patient monitoring or mobile health apps, patients can see improved outcomes and lower costs through care that can be delivered directly to them," Pai said.