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House Passes 2 Spectrum Bills

FAA Won't Extend Carriers' July 1 C-Band Mitigation Deadline: Acting Administrator

The FAA is “not planning to seek an extension” of wireless carriers’ previous commitment to delay some use of their C-band spectrum for 5G past the current July 1 deadline, acting Administrator Billy Nolen said during a Wednesday House Appropriations Transportation Subcommittee hearing. The House, meanwhile, easily passed two spectrum bills -- the Institute for Telecommunication Sciences Codification Act (HR-1343) and Advanced, Local Emergency Response Telecommunications Parity Act (HR-1353).

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We are holding to our timelines,” Nolen said: “We’ve communicated very strongly on this issue.” He noted continued interagency coordination with the FCC and voluntary agreements like the one with major carriers to extend until Jan. 1, 2028, protection for flight operations from some C-band deployments (see 2304030070) but emphasized the agency has given airlines until July 1 “to retrofit” their altimeters. Rep. John Rutherford, R-Fla., raised concerns the government might “have to go back to the telecom companies” to seek an extension of their current protections since he has been hearing altimeter manufacturers “don’t think that the altimeters are going to be available in the numbers that are going to be required” by July 1.

We believe that this is the right path to be on to address the risk” and “it takes commitment on all sides” to make that work,” Nolen said. If airlines “haven’t retrofitted” an aircraft by that date, that means “they may not be able to take advantage of lower-visibility approaches,” which could result in some diversions. “If they haven’t retrofitted” by next year, “they will not be able to operate in” the national airspace system, he said.

It’s “incumbent upon operators to make sure that they are indeed talking with” altimeter manufacturers to ensure upgrades happen by July 1, Nolen said. He estimates altimeters on 7,000 aircraft still require upgrades and “manufacturers are working very hard” to meet that demand. Nolen has an "ongoing dialogue with" major manufacturers Collins Aerospace, Honeywell and Talus, which all have “upped their level of production."

The House approved HR-1343 on a voice vote Tuesday under suspension of the rules, as expected. The chamber passed HR-1353 422-1, with Rep. Andy Biggs, R-Ariz., as the only no vote. HR-1343 would provide statutory authority for ITS’ role in managing NTIA’s telecom and spectrum technology programs. HR-1353 would require the FCC to allow satellite direct-to-cell service providers and others to apply to access spectrum to fill in wireless coverage gaps in unserved areas specifically to provide connectivity for emergency services.

Two other telecom measures were also on the House’s docket but hadn’t gotten votes as of Wednesday: the Secure Space Act (HR-675) and Precision Agriculture Satellite Connectivity Act (HR-1339). HR-1339 would require the FCC to review and potentially institute changes to satellite rules to promote precision agriculture. It wasn’t clear when the House would consider HR-675, which would bar the FCC from granting satellite licenses to any entity it identifies as a national security risk under the 2020 Secure and Trusted Communications Networks Act. The House Commerce Committee unanimously advanced all four bills last month (see 2303240065).

House Commerce Committee ranking member Frank Pallone, D-N.J., and Communications Subcommittee Chairman Bob Latta, R-Ohio, rallied support for HR-1339, HR-1343 and HR-1353 during floor debate Tuesday.

Complex engineering, testing and analysis underpins” decisions on repurposing spectrum from federal users for commercial use, Latta said. "Establishing “a sound technical basis” for those actions via NTIA’s ITS "will help restore trust in the process among federal agencies." HR-1343 will “strengthen” ITS’ authority, which is important since “the work they perform has led to advancements in the way we manage our airwaves and makes more spectrum available in the future,” which will ensure “our economic and national security,” he said.

HR-1353 “is needed now because over the last few months many 5G mobile providers and equipment manufacturers have announced partnerships with satellite operators to deliver” emergency communications “to consumers where wireless coverage is lacking or nonexistent,” Pallone said. “These efforts are likely to offer tangible benefits to consumers, as the partnerships will enable wireless service providers to offer consumers universal coverage and enhance access to emergency services. It’s likely that consumer demand for satellite services will grow in the future as wireless carriers and phone manufacturers continue to build this capability” into equipment.