Pai Endorsement of T-Band Mandate Repeal Could Spur Hill Action
FCC Chairman Ajit Pai’s Monday push for Congress to repeal a provision of the 2012 spectrum law that mandates public safety move off the 470-512 MHz T band by 2021 could help spur lawmakers, particularly Republicans, to address the longstanding issue, said stakeholders in interviews. Congressional T-band action isn't expected at least until after the start of 2020, given a backlog of other priorities and broader political issues, lobbyists said. The GAO recommended in June that Congress consider letting public safety incumbents continue to use the T band amid a lack of feasible alternative spectrum (see 1906210050).
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The FCC “has extensively analyzed the T-Band and concluded that moving forward is not viable,” Pai wrote. “Relocation costs for public safety licensees would likely far exceed any potential auction revenue, making it impossible to fund the relocation and comply with the mandate.” He’s “hopeful that Congress can resolve this matter without delay. Doing so will not only protect public safety communications in the T-Band but will also allow our dedicated auction staff to focus in 2020 on auctions that will make new airwaves available for 5G, like spectrum in the 3.5 GHz and 3.7 GHz bands.” Pai cited the GAO study, which he said shows the T-band mandate “is unworkable and could deprive first responders of their current ability to communicate by radio.”
The Wireless and Public Safety bureaus issued a public notice suspending processing of applications for parts 22 and 90 license renewals for the T band, which the agency had quietly stopped earlier this year (see 1907170043). The T-Band mandate “remains the law of the land and the Commission is required to implement it,” the PN said. “Given that the February 22, 2021 statutory deadline is less than 15 months away, the Bureaus have determined that suspension of renewal processing is now necessary for the Commission to have the full range of implementation options available.” Licensees “that have filed, and will in the future file, timely and complete applications for renewal of license may continue to operate using their licensed facilities past the license expiration date while the suspension is in effect,” the FCC said.
Sen. Ed Markey, D-Mass., touted the Don’t Break Up the T-Band Act (HR-451/S-2748) and lauded Pai for “joining the coalition of public safety organizations and industry actors alike calling on Congress to protect” the T band. “It’s time for Congress to do right by the people who keep us safe and secure” by passing HR-451/S-2748 this year, Markey said. It's not "a partisan issue." The bill would repeal the T-band mandate. Lawmakers filed the measure last year (see 1802260015).
Several officials and lobbyists opposed to the requirement believe Pai’s express support for repealing the mandate will alert GOP legislators and Hill lawmakers generally. Some questioned the wisdom of using a suspension of parts 22 and 90 license renewal processing as a tactic to encourage congressional action.
“I fully agree” that Congress needs to undo the T-band language because it “simply doesn’t make sense” to act on reallocation, said National Public Safety Telecommunications Council Chairman Ralph Haller. It’s “impossible to predict” how Congress “will react to anything,” but Pai’s endorsement of such an action will send a “strong signal to Congress that it’s the right thing to do.” Haller would prefer the FCC “continue processing” T-band license renewal applications: “If the ultimate outcome is that” public safety incumbents get to remain on the frequency, “a short suspension is probably not the worst thing that could happen.”
Enterprise Wireless Alliance President Mark Crosby said repeal “certainly should receive bipartisan support” because of Pai weighing in. “Every time this receives” attention, “more people see the wisdom” of undoing the reallocation requirement, Crosby said. Organizations representing non-public safety T-band incumbents “have been working diligently to inform” Congress about the “difficult issues” involved in T-band reallocation and have emphasized it will be “very hard” for the commission to implement.
It’s “great that [the FCC] formally announced they’re going to hold” T-band license applications in abeyance for the foreseeable future, but most incumbents already knew that was happening because “the industry trade associations found and alerted” licensees well beforehand, Crosby said. EWA was among those that complained about the FCC’s earlier decision to quietly suspend T-band license renewals and questioned why the commission wouldn’t contingently renew licensees.
Keller & Heckman lawyer Greg Kunkle also hopes Pai’s support encourages bipartisan interest since it shows the FCC is “echoing” GAO and others that supported the wind-down. It’s “getting very close to the deadline for the FCC to act” so the agency's suspension of its T-band license renewal process should also help “pressure Congress to take action,” Kunkle said. "I assume that with all they’ve got going on, it's not" going to be lawmakers' first priority. Other lobbyists noted the range of other telecom policy priorities already in Capitol Hill's pipeline. It includes the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act (S-151) and the debate over Satellite Television Extension and Localism Act reauthorization (see 1911210052), that will likely need to be resolved before lawmakers can tackle the T band.
APCO “has always supported repeal of the T-Band provision,” said Executive Director Derek Poarch in a statement. “It’s the right thing for Congress to do.”