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Sticks as Spectrum Prods

Rosenworcel Testifies US Behind on 5G; O'Rielly Says Race Being Run

FCC Commissioner Jessica Rosenworcel warned the Senate Commerce Committee Wednesday the U.S. isn’t leading the world on 5G and can’t without more mid-band spectrum. Rosenworcel asked the committee to develop C-band legislation. Commissioner Mike O’Rielly said the FCC isn’t necessarily behind, though a winner won’t be known for some time.

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We’re in a race,” said committee Chairman Roger Wicker, R-Miss. “When will we know who wins? Who is ahead right now?”

The hype machine is in full force when it comes to 5G,” Rosenworcel said. “What’s important is that we all recognize that this is the infrastructure of the future, and I think that’s true on a bipartisan basis.” The FCC didn't comment afterwards.

There have been some 5G deployments in the U.S. but only in urban markets, Rosenworcel said. “It has not reached rural America.” Overall, countries like Switzerland have more deployments and “far more” 5G infrastructure has been deployed in China, she said. “Most of the rest of the world saw our leadership in 4G technology, and they said ‘we want to do that in the next generation.’” Other countries have “well-financed efforts” aimed at being ahead on 5G, she said.

On the C band, the FCC “would be well served by having this committee develop legislation that could help articulate the best way forward, because if you do that we will decrease the likelihood that this winds up in litigation, and we will increase the likelihood that the spectrum gets deployed,” Rosenworcel said.

We will certainly want to be heard on where the money goes,” Wicker said, saying Congress wants FCC counsel on legislation that would lead to a quick auction.

C-Band Auction

O’Rielly said he has been pushing for a C-band auction for four years. “Speed has to be the priority,” he said: “We are in an active race … with other nations.” No 5G winner will be declared for “quite awhile,” he said. “That doesn’t mean the United States is behind,” he said. “We have to invest and be very smart.”

O’Rielly is willing to trade other desirable features in an auction for speed. “There has to be an incentive to the satellite providers to be able to expedite that auction,” he said: "Otherwise you’re going have protracted litigation.” The providers are using the band in ways that benefit consumers, he said.

Congress needs to clarify how the C band can be reclaimed, Rosenworcel said. “You can spend a lot of time with Section 309(j) of the Communications Act and I do not see a clear pathway in there for dealing with this circumstance," she said: Congress also should recognize that the auction will raise billions of dollars and it should have a say in how the money is spent.

Absent legislation, the FCC must move forward on the C band, O’Rielly said. If legislation is passed. “it has to be done very quickly," he said.

It’s more important you get it right,’ Rosenworcel countered. “This spectrum is important for our future and if are going to move forward in a way that’s going to wind up in litigation we’re going to all do ourselves a disservice.”

The law is clear” for the satellite companies, said ranking member Maria Cantwell, D-Wash. “They don’t own this spectrum, they have licensed this spectrum.” Rosenworcel was right, Cantwell said: “Let’s get it right.”

Marsha Blackburn, R-Tenn., said states like hers are closing the digital divide. The senator said government needs to find a way to clear spectrum of DOD and other incumbents, while safeguarding government communications. The U.S. needs more incentives to get agencies to use spectrum more efficiently, Rosenworcel said.

Incentives exist, yet the military doesn’t want to move, O’Rielly said. “We’re going to need more sticks.” The value of the spectrum should be part of an agency’s budget, he said: “The military has enough spectrum. Moving them and preventing squatting … is incredibly difficult.” The 3.1-3.55 GHz spectrum is a key mid-band spectrum for 5G, but DOD won’t move, he said.

O’Rielly said the FCC also must make the 5.9 and 6 GHz bands available for unlicensed use since the bands available now are becoming “saturated.” He stressed the importance of wireless power. With many billions of "additional wireless devices expected to be deployed over the next few years, be it smartphones, IoT sensors, automated equipment and the like, providing sustainable and reliable power will be a challenge," he said.

Mobility Fund

Sen. Jon Tester, D-Mont., said the FCC needs to do more to pay for broadband in rural areas.

Tester complained the FCC still hasn’t held the long promised Mobility Fund Phase II auction. “Folks in rural America and rural Montana have waited for years for the Mobility Fund to get out the door and … it never happened,” he said. Rural America is already “kind of behind the curve anyway,” he said. “It’s crazy that we do not have better service.”

Chairman Ajit Pai announced in late 2018 the agency is investigating if top wireless carriers submitted incorrect coverage maps in violation of MF-II rules (see 1812070048). The FCC is also looking at the accuracy of carriers’ coverage maps. O’Rielly said the FCC plans an NPRM on the maps.

Push the chairman,” Tester told the two commissioners. “If we need to push the chairman, come to this committee.”

Other tech items also surfaced. They included cybersecurity and artificial intelligence.

From the earliest days of the Trump administration, the White House Office of Science and Technology Policy has recognized the profound importance of what we call industries of the future,” testified Michael Kratsios, U.S. chief technology officer. “Key emerging technologies including artificial intelligence, quantum information science, 5G, biotechnology and advanced manufacturing will shape the U.S. workforce, sustain our nation’s prosperity, strengthen our national security and make all Americans safer, healthier and better off.” When the U.S. leads, “all Americans can reap the benefits of these emerging technologies,” he said.

We do not want you to pick winners and losers,” Blackburn told Kratsios. “We want you to develop a level playing field and the right environment.”