Buttigieg Sees Wireless-Aviation C-Band Fracas Not Fully 'Resolved by This Summer'

A group of top telecom-focused lawmakers, meanwhile, filed a revised version of the Spectrum Innovation Act, the measure lobbyists see as the likely vehicle for enacting a renewal of the FCC’s spectrum auction authority (see 2202070066). The revised Spectrum Innovation Act, like earlier version HR-5378, would authorize an FCC auction of at least 200 MHz on the 3.1-3.45 GHz band. The updated measure still doesn’t extend the FCC’s overall auction authority, though it does move to the end of FY 2024 the FCC’s deadline for identifying 30 MHz under the 2015 Spectrum Pipeline Act. House Communications Subcommittee Chairman Mike Doyle, D-Pa., and ranking member Bob Latta, R-Ohio, filed the House version. Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and ranking member John Thune, R-S.D., filed the Senate companion.

“We’re going to have more work to do" to make sure there’s “safe and economically beneficial coexistence of the 5G C-band use and” radio altimeters after July 6, Buttigieg told Senate Appropriations Transportation members. July 6 is the end date for a current commitment by top carriers AT&T and Verizon to apply temporary voluntary power limits and antenna restrictions on C-band deployments near airports and helipads (see 2111240062). The carriers later agreed to not begin any 5G C-band operations near some airports (see 2201180065).

“We are doing everything we can to pursue the technological solutions that I think will be an ultimate long-range fix for” the 5G C-band issues, Buttigieg said in response to a question from Senate Appropriations Transportation ranking member Susan Collins, R-Maine. That “continues to be a top concern,” though “we’re in a much better place than we were” in January, largely because all parties are “directly engaging” in negotiations.

Collins believes the lack of a clear technological solution is “of concern and I hope you will continue to push on that,” she told Buttigieg. Aviation “came shockingly close to experiencing significant operational disruptions” because of the 5G rollout and she said she’s “very worried that we could be back in a similar situation" when the current mitigation agreements expire.

“I don't know why” there won’t be at least some technological solution to the C-band aviation issues by July since “they’ve had a lot of time” already, Senate Communications Subcommittee ranking member John Thune, R-S.D., said in an interview. “It seems like the mitigation strategy should be up and ready to go. I hope they don’t need much more time” due to its effect on delaying 5G buildout on the C band. Buttigieg is to speak at a Tuesday Senate Commerce Committee hearing on DOT’s FY 2023 budget priorities, so Thune and others may bring the issue up during that panel as well, lobbyists told us. The hearing will begin at 10 a.m. in 253 Russell.

FCC Commissioner Brendan Carr tweeted a “face palm” emoji in response to reports about Buttigieg’s comments. “Commissioner Carr says it is fair to say that his reaction to this news is ‘insert face palm emoji,’” a spokesperson emailed us.

Industry Reactions

Top executives at AT&T and Verizon didn’t forecast looming problems for their C-band deployments during calls with analysts last week about Q1 results.

“We continue to deploy C-band rapidly, enabling more and more of our customers to enjoy our Ultra Wideband experience, while also accelerating and amplifying our 5G revenue opportunities,” said Verizon CEO Hans Vestberg. C band figured prominently in the call. Executives said 113 million POPs were covered at the end of the quarter, with a projected 175 million by year-end. “The scaling on C band is happening now, and it will continue,” said AT&T CEO John Stankey. AT&T plans to launch service in the band midyear, deploying C band at the same time as frequencies bought in the 3.45 GHz auction.

“Verizon is very encouraged by the collaboration and pace in which the FAA, the FCC, and the airline and communications industries have addressed and cleared issues with 5G networks around many airports,” a spokesperson emailed Thursday: “We’re highly confident that the small and declining number of outstanding questions will be resolved sooner than later, without a significant impact to airline operations or the availability of 5G at airports.”

“We continue to work closely and collaboratively with the FAA, and we are encouraged by the progress made thus far,” an AT&T spokesperson emailed. “We expect that progress to continue.”

“We continue to work positively and constructively with the FAA and DOT as the C-band rollout continues,” a CTIA spokesperson said.

“It’s incredibly disappointing, and frankly, embarrassing, that we find ourselves here so late in the game,” MoffettNathanson’s Craig Moffett told us. “In reality, it’s probably not all that impactful for AT&T and Verizon, inasmuch as it really only impacts selected areas close to airports, and we’re still searching for applications for which 5G really matters,” he said: “But you can be sure that T-Mobile will make hay of the advantage in their marketing.”

“The lack of leadership on resolving this issue is astonishing,” emailed LightShed’s Walter Piecyk. “It would be great to know what it means to be ‘doing everything they can’ because it clearly is not enough,” he said.

Buttigieg's comments create "some uncertainty, but not the kind … that will affect the economic performance of the companies," emailed New Street’s Blair Levin: “We still don't know the ultimate power levels, sizes of the areas with constraints, timetable, etc. but the opportunities and challenges of the companies in benefitting from their 5G offerings are unlikely to be affected.”

“The implication is that they are moving towards a replacement program for altimeters,” said spectrum consultant Tim Farrar. “The question is how it will be funded and on what timescale,” he said. “If it requires appropriation of funds then that introduces risks of delays,” he said: “If the funding is provided by the carriers then that could move things along but would be an additional expense for them, though a small fraction of their $100 billion spend on the licenses and network build.”

The time scales are the most concerning because automatic dependent surveillance-broadcast (ADS-B), an advanced surveillance technology for aircraft, unfolded over 10 years, Farrar said. “In the meantime, the FAA seems likely to continue restrictions and perhaps even increase them once operations begin in 3800-3980 MHz,” the next C-band frequencies to be deployed, he said.

The comments offered mixed news for carriers, said a former senior FCC official: “With AT&T and Verizon having invested tens of billions in their C-band licenses, every day of delay is costing them dearly. Delay is also slowing down America in the 'race to 5G.’ … The executive branch needs to make this its highest policy priority in the wireless and tech space. More delay could really harm the 5G ecosystem."

The statement “adds more unnecessary complexity to their rollouts as it's clear the carriers are interested in appeasing the FAA,” said Digital Progress Institute President Joel Thayer. “Any slowdown falls on Secretary Buttigieg's shoulders alone for not getting his constituencies in line. His lack of leadership here is startling and, candidly, will serve as a stain on his already spotty record on 5G.”

If Buttigieg “wants to drag this out, creating uncertainty for consumers and industry that is on him and his team,” said Nathan Leamer, an aide to former FCC Chairman Ajit Pai: “Any precariousness around C band in the coming months is solely because of the unnecessary intransigence among federal agencies making an end-around the interagency process. The science and engineering are clear. The FCC has done the homework.”

“One would have thought that the lesson from the brouhaha last December was that everything needed to be done to solve the issue,” said Recon Analytics’ Roger Entner. “This time around, since thank God no planes have fallen from the sky,” DOT “will be seen as the boy who cried wolf.”