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Kennedy Gets Pai Cooperation for FCC Spectrum Auction Officials' Testimony on C-Band Concerns

FCC Chairman Ajit Pai appears to have forestalled further wrath Wednesday from Senate Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La. Pai signaled his willingness to make commission spectrum auction officials available for a second subcommittee hearing on Kennedy's concerns…

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about a potential private auction of spectrum on the 3.7-4.2 GHz C band (see 1910170038). Pai's expected to propose a private auction plan for a vote at commissioners' Dec. 12 meeting (see 1910100052). Kennedy also said Wednesday he plans to file a Senate version of the Clearing Broad Airwaves for New Deployment (C-Band) Act (HR-4855), which would require a public FCC auction of 200-300 MHz of “contiguous” spectrum in the swath by Sept. 30, 2022 (see 1910240046). Kennedy told reporters Wednesday he now expects the hearing to happen Nov. 21, a day later than he expected last week (see 1911070064). He threatened Tuesday to subpoena FCC auction officials amid concerns the commission might be stonewalling his attempts to schedule the officials' testimony. Kennedy didn't take that possibility completely off the table Wednesday after a morning conversation with Pai, but he told reporters he believed the talk “went well.” Kennedy said he “asked [Pai] for his cooperation in having [the officials] appear on [Nov. 21] and he said he would cooperate,” so the hearing can proceed. An FCC spokesperson confirmed Pai “spoke with [Kennedy] this morning about scheduling any witnesses he would need” for the hearing. “We have been working with [Kennedy] on this issue, including through a recent briefing by FCC staff, and we will continue to do so,” the spokesperson said. “If I have to, I'll issue subpoenas, but I don't think we'll get” to that point, Kennedy said. “If you leave folks to their own devices, they'll appear voluntarily. But sometimes others weigh in and suggest that they not be so anxious to testify. I'm not saying that's the case here. But if I do sense that somebody's stalling and re-stalling, I'll subpoena them.” He wants to call in the same group of “senior experts” on spectrum auctions he met with recently (see 1911010052). Kennedy has been working to retain Senate Appropriations Committee-backed pro-public auction language (see 1909190079) in the chamber's version of the FY 2020 FCC-FTC budget bill (S-2524) despite opposition from Senate Commerce Committee GOP leaders. “I'm not going to let this go,” Kennedy said. “I'm going to continue to pursue this issue like a hound from hell. And if the FCC wants to go forward and screw the American taxpayer, I will remind them of the mistake they made every day for the rest of their natural lives.” LightShed’s Walter Piecyk voiced skepticism Wednesday over chances President Donald Trump's administration will side with Kennedy. The administration continues to seem "more interested in winning the Race To 5G and will support” whatever decision Pai makes,” the analyst wrote.