FCC Tells Industry to Get New C-Band Proposals in; Fall Decision Pending

Last week, Pai said to expect a plan in the fall (see 1907050024). The previous week, Commissioner Mike O’Rielly said some consensus is emerging (see 1906270026). Industry officials active in the proceeding said key issues remain unresolved, including how incumbents will be protected and how much spectrum will be cleared for 5G. They noted the FCC is under growing pressure to make more spectrum available in the mid-band. The regulator didn't comment.

Momentum “is now moving rapidly, and ‘speak now or forever hold your peace’ is in play,” said an official whose company has been active in the proceeding. "The C-band initiative is a legacy item for the Pai chairmanship,” said a former senior FCC official: “Other than the T-Mobile/Sprint merger, this is the most important mid-band project on the table.”

The C-Band Alliance proposal for a private sale and T-Mobile's plan for an auction have long been before the FCC. Last week, Google and the Wireless ISP Association argued unlicensed users can safely share part of the band with repacked satellite earth stations (see 1907020061). The Competitive Carriers Association, America's Communications Association and Charter Communications filed a plan they say would provide at least 370 MHz for 5G.

“It’s clear from current activity levels that the mid-band proceeding has clear momentum,” Peter Pitsch, CBA head-advocacy and government relations, told us. “This reflects that the FCC recognizes the importance of speed to U.S. leadership in 5G. In the past two months, we have turned our market-placed proposal into a fully actionable plan that will make this spectrum available quickly and with minimal execution risk.”

“There are still threats of delay from litigation and whatever complications could come from the Hill, but since getting mid-band spectrum into the market is a major priority for the commission, it's not surprise that they want to get something out there,” said Tom Struble, R Street Institute technology policy manager. “They now have an extensive record to draw from, even though the recent filings highlight the persistence of potentially irreconcilable differences of some parties.”

Struble said a private sale would be quicker and repurpose more of the band than an FCC-run auction. The recent WISPA/Google study “might mean that more fixed wireless isn't mutually exclusive with other reallocation plans, so maybe the commission is looking at that, too,” he said.

Work Remains

Others caution that with all the remaining work, late fall is probably the most likely target. Fall ends Dec 20. and the December commissioners' meeting is the 12th, noted New Street’s Blair Levin.

“It could be earlier, but I think there are a number of engineering, economic and policy issues still to be addressed,” Levin told us: “I doubt September. … I think November or December are the most likely.”

It would be a surprise if the commission takes up a framework order “before late fall,” said Michael Calabrese, director of the Wireless Future Program at New America. “Issues related to reorganizing C band are unusually complex and contentious, with more powerful industries clashing than in any proceeding I can remember.” After the current comment cycle on legal authority ends later this month, “the chairman will likely give staff a direction,” Calabrese said. “But there would still be quite a lot of work before any comprehensive order could be scheduled for a vote.”

The C band is “a prime opportunity for quickly achieving fixed, gigabit rural broadband,” said WISPA President Claude Aiken. His group’s study “shows that just a couple of miles of protection are necessary for fixed wireless access points and earth stations to coexist without harmful interference,” Aiken said: “Three hundred MHz of shared access, and rationalized protections, would go a long way towards closing the digital divide."

“We feel confident, based on [Pai’s] statements, that our proposal will be fully considered,” said ACA Senior Vice President-Government Affairs Ross Lieberman.

Tuesday, four public interest coalitions urged Congress to auction the C band and use the proceeds to close the digital divide. “The reorganization of the C-band to clear a portion of the band for emerging 5G mobile services gives Congress a unique opportunity to direct $10 billion or more in auction revenue to pay for broadband infrastructure in underserved areas and to authorize the use of spectrum in that band for high-capacity fixed wireless service in rural and less densely populated areas on a shared basis,” they said.

The letter was sent to Sens. Roger Wicker, R-Miss., and Maria Cantwell, D-Wash., chairman and ranking member of the Commerce Committee, and Senate Communications Subcommittee Chairman John Thune, R-S.D., and ranking member Brian Schatz, D-Hawaii. It was signed by the Public Interest Spectrum Coalition, Dynamic Spectrum Alliance, Broadband Connects America Coalition and Schools, Health & Libraries Broadband Coalition.

ACA said it presented the FCC a study it mentioned in its C-band proposal last week with CCA and Charter. “At least 370 MHz of C-band spectrum can be cleared in an expedited timeframe for use by next generation wireless services while making whole and incentivizing stakeholders and benefiting the public,” said a filing Tuesday in docket 18-122.