The 3.7-4.2 GHz band is emerging as one of the next big spectrum focuses of the FCC, with an NPRM likely this summer or before, officials said, but exactly what Chairman Ajit Pai will propose remains to be seen. Last summer, the Broadband Access Coalition (BAC) asked the agency to allow fixed wireless use of the band (see 1708080050), while protecting fixed satellite service incumbents. A rival plan by Intel and others backs licensed use of the 3.7-4.2 GHz band and unlicensed use of the 6 GHz band. Intel also proposed a plan with Intelsat for clearing the 3.7 GHz spectrum (see 1710020047).
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 leaders of the House and Senate Commerce committees said they reached a deal to advance legislation on FCC reauthorization and a range of spectrum issues, as expected (see 1802270055, 1802280049 and 1803010056). The deal covers provisions from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060). HR-4986, which cleared House Commerce earlier this month, includes language to authorize additional repack funding (see 1802140064). The bill also includes language from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits for future spectrum auctions in a Treasury Department fund (see 1710250026). Lawmakers also agreed to include provisions to combat robocalls and "direct the FCC to craft a national policy for unlicensed spectrum that includes certain specific considerations and recommendations." The House is to vote on an amended version of HR-4986 Tuesday that covers the agreed-to language, said House Commerce Chairman Greg Walden, R-Ore., and ranking member Frank Pallone, D-N.J. The deal does "what no legislation has done in 28 years -- it reauthorizes the FCC and includes provisions that help make sure that the Commission is transparent, efficient, and ready for the 21st century communications landscape," said Walden, Pallone, Senate Commerce Chairman John Thune, R-S.D., and ranking member Bill Nelson, D-Fla., in a joint statement Friday. "This bipartisan, bicameral product puts consumers first and solidifies the nation’s critical telecommunications infrastructure, giving the U.S. a global edge in the race to 5G and improving internet services across the country." The lawmakers didn't clarify if the deal includes an agreement to attach the FCC and telecom policy language to the FY 2018 omnibus spending bill, as was previously under negotiation. A telecom lobbyist told us the omnibus is still "very much in the running" as a legislative vehicle for the agreement, saying the announcement shows they've "taken the needed steps" to make that process possible. Walden is "looking at multiple avenues, including the omnibus, to ensure [HR-4986] moves forward," a House Commerce spokeswoman said. Other committee spokesmen didn't comment. Several communications sector groups lauded the agreement, including CTIA, NAB and TIA.
Senate Commerce Committee Chairman John Thune, R-S.D., and ranking member Bill Nelson, D-Fla., said they are moving closer to a deal with House Commerce Committee leaders to attach language on FCC reauthorization and some spectrum issues to the FY 2018 omnibus spending bill. No deal was yet reached. The lawmakers have been negotiating over provisions from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060, 1802270055 and 1802280049).
Negotiations on a potential deal to attach to the FY 2018 omnibus spending bill legislative language on FCC reauthorization and some spectrum issues progressed Wednesday but agreement wasn't reached, said Senate Commerce Committee Chairman John Thune, R-S.D. “We've made some progress,” but "I don't think we're there yet,” Thune told reporters. Lawmakers have been hoping to include language from the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization bill (HR-4986) and the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1708030060) in the omnibus (see 1802270055). HR-4986, which cleared House Commerce earlier this month, includes language to authorize additional repack funding (see 1802140064). The bill includes language from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits in future spectrum auctions in a Treasury Department fund (see 1710250026). “What we're trying to do is find that zone of agreement” on language that satisfies members of both parties, Thune said. A deal “would accomplish a lot of things that we've been trying to get done for a while,” he said: “It could potentially be a very significant accomplishment,” but “it's never done 'til it's done.” Thune acknowledged that “there is a certain amount of pressure because of the time constraints associated with putting together” the omnibus. House Commerce Committee Chairman Greg Walden, R-Ore., said Monday a factor at play was resolving concerns that DOD had with S-19's language that came after the Senate originally passed the measure in August. Those concerns led House Commerce staff to scuttle a bid to attach S-19's provisions to HR-4986 ahead of the committee's markup last month.
Congressional leaders are working to see if they can reach a deal to attach legislative language on FCC renewal and some spectrum issues to the FY 2018 omnibus spending bill, the leaders of the House and Senate Commerce Committees told reporters Tuesday. The current continuing resolution to fund government expires March 23. House Commerce is also eyeing upcoming work on STELA reauthorization and paid prioritization issues, said Chairman Greg Walden, R-Ore. Walden also touted House Commerce's communications policy priorities Tuesday, at an NAB conference.
Chairman Ajit Pai said the FCC hopes to hold an auction of the 28 GHz band in November, followed immediately by a 24 GHz auction. But Pai, at the Mobile World Congress, Monday, said doing so relies on Congress passing legislation by May 13 giving the agency the ability to handle upfront payments. On a third band, NTIA Administrator David Redl said Monday his agency will study the 3450-3550 MHz band for wireless broadband. It sits just below the 3.5 GHz Citizens Broadband Radio Service frequencies, a focus of the commission.
NTIA is making reallocation of the 1.3 GHz band one of its top spectrum focuses under new Administrator David Redl, said industry and former NTIA officials. Language in the Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act, (S-1682, HR-4953) introduced in the House and Senate, would require an assessment of reallocation of the 1300-1350 MHz band, paired with the 1780-1830 MHz band, by Dec. 31, 2020. NTIA declined to comment Friday.
Broadcasters clashed with Microsoft, MVPDs and unlicensed spectrum advocates responding to an FCC Further NPRM on ATSC 3.0, in filings in docket 16-142 Wednesday. Broadcast entities such as NAB and One Media want transitioning broadcasters to have the option to use vacant channels, but Microsoft, the New America Foundation’s Open Technology Institute and Public Knowledge said that request is a spectrum grab. Such “a dramatic giveaway” to broadcasters is a legal violation “inconsistent” with the public interest and spectrum policy, and is “likely unnecessary to facilitate the voluntary ATSC 3.0 transition,” Microsoft said. The sides also disagree about the standards to be applied to broadcaster waivers of the 3.0 order’s simulcast requirement.
Commissioners approved 5-0 an NPRM on spectrum above 95 GHz for new services and technologies, opening a “spectrum horizons” proceeding. Industry has shown little interest (see 1802200058), but Chairman Ajit Pai said Thursday the FCC shouldn’t be deterred. After the meeting, commissioners clashed over the lack of scheduled auctions for any bands.
Rollout of FirstNet's network for public safety is on track to meet an initial milestone and could be completed ahead of schedule, said CEO Mike Poth in Media Institute remarks Thursday. "Our biggest concern is we need to make sure it gets built out on time," he said, but he's "pretty optimistic." AT&T, FirstNet's wireless partner, is poised to meet a March deadline to finish deploying a network "core," he said, referring to a secure national backbone connecting public safety entities. The company will then have five years to meet buildout commitments (in four phases) within all states and territories, but hopes to finish in three, he told us afterward.