The federal government appeared Friday evening to be on the verge of a partial shutdown due to disagreement between the Senate and president and a supportive House majority over the inclusion of $5 billion in border wall funding in a continuing resolution to temporarily fund government through Feb. 8. A CR set to expire at midnight Friday covers funding for the FCC, FTC and the departments of Commerce and Homeland Security and others.
Wireless Spectrum Auctions
The FCC manages and licenses the electromagnetic spectrum used by wireless, broadcast, satellite and other telecommunications services for government and commercial users. This activity includes organizing specific telecommunications modes to only use specific frequencies and maintaining the licensing systems for each frequency such that communications services and devices using different bands receive as little interference as possible.
What are spectrum auctions?
The FCC will periodically hold auctions of unused or newly available spectrum frequencies, in which potential licensees can bid to acquire the rights to use a specific frequency for a specific purpose. As an example, over the last few years the U.S. government has conducted periodic auctions of different GHz bands to support the growth of 5G services.
The American Cable Association challenged C-Band Alliance math in CBA's plan that as of last week includes launching eight more satellites (see 1812190048). And the association of small and mid-size carriers wants more spectrum cleared for broadband wireless use than the alliance plans. The alliance countered the criticism, and has said its sale could make 200 MHz available. The filings were posted Friday in docket 18-122.
Widespread doubts about the likelihood of Senate confirmation this year of FCC Commissioner Brendan Carr to a full five-year term and Democratic FCC nominee Geoffrey Starks remained Wednesday, despite the likely impending end of one of two holds on Carr. Sen. Joe Manchin, D-W.Va., said he's close to lifting his hold. Sen. Dan Sullivan, R-Alaska, said he was still maintaining his hold. Senate leaders intend to move Carr and Starks as a pair.
The FCC should get tough with spectrum holdouts -- licensees standing in the way of repurposing spectrum to a higher use -- the Phoenix Center reported Wednesday. The document mentions the C-band, expected to be a major focus of the FCC next year (see 1812190048), but only in a footnote.
The C-Band Alliance (CBA) proposal for that spectrum may be gaining steam, but questions remain about what’s next for the FCC on this key mid-band swath. Any approach likely will face significant opposition, based on replies last week that show no emerging consensus (see 1812120010). The alliance has some optimism.
The FCC is looking at all possibilities in the 5.9 GHz band, including reallocating it for Wi-Fi and other unlicensed use, Chairman Ajit Pai said on an episode of C-SPAN's The Communicators, set for telecast over the weekend. Pai confirmed that, as expected, he plans to take a broader look at the band, which is now allocated to dedicated short-range communications (see 1811140061). Pai didn’t offer a time frame or other details. Industry officials said his comments go further than anything he previously has said on the topic.
The FCC's deal with Dish Network, in which Dish agreed to bid $1.5 billion in the H-block spectrum auction in exchange for waiving of some rules on Dish's AWS-4 licenses, "is unheard of in the annals of administrative law," NTCH said in a docket 18-1241/18-1242 initial brief (in Pacer) Thursday with the U.S. Court of Appeals for the D.C. Circuit. NTCH sued after the agency in August upheld a Wireless Bureau waiver request it was appealing (see 1808160065). In its brief, NTCH said the FCC set the reserve price in that auction at an unreasonably high level tied to the Dish deal to discourage potential bidders and ensure Dish would win most or all licenses. It said the construction extension Dish received ran contrary to well-established FCC policy on extending time for wireless system buildouts. The FCC challenged NTCH's standing (see 1810250056), and the company in its brief said it complied with the agency's standing requirements and it has Article III standing under the Constitution since the regulator's actions deprived the company of an opportunity to get an H Block license. The agency didn't comment.
The FCC approved 4-0 an order on service rule changes for an auction next year of the upper 37, 39 GHz and 47 GHz bands. The first high-band auction, in the 28 GHz band, hit $683.5 million Wednesday after 62 rounds. Of 3,072 licenses, 2,918 had provisionally winning bids. The FCC will next auction 24 GHz spectrum.
Fault lines emerged on allowing point-to-multipoint (P2MP) operations in the 3.7-4.2 GHz band and auctions vs. the C-Band Alliance (CBA) plan, in the growing fight over opening the swath to terrestrial wireless. AT&T and small satellite operators made their own proposal. Docket 18-122 replies were due Tuesday, with early ones showing divisions (see 1812110054).
Critics of a satellite repurposing and secondary-market airwaves sale plan used replies on opening the C band to buttress the case for the FCC taking a different approach. The earliest replies last week in docket 18-122 featured big satellite companies pushing for their market plan to clear up to 200 MHz for other use (see 1812070041) while attacking T-Mobile asking the commission to hold an auction and possibly sell even more. Now, more recent but still early replies posted this week through Tuesday afternoon suggest sharing satellite's spectrum with broadband services, possibly across the entire band's 500 MHz swath.