Congressional leaders were optimistic Tuesday afternoon they were close to reaching a deal on a third economic stimulus bill addressing the effects of COVID-19, after days of wrangling over legislative language on funding for telecom and other priorities. House Speaker Nancy Pelosi, D-Calif., was among those saying a deal appeared near, though she warned House Democratic leaders could move forward on a counterproposal if they deem final Senate bill language unsatisfactory. The Pelosi-led counterproposal drew fire from Republicans in part because it contains pandemic-specific Lifeline funding (see 2003230066).
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.
In a key early test of the FCC’s ability to wrap up big items in a coronavirus world, commissioners are expected to vote in April to allow Wi-Fi to share the 6 GHz band (see 2003050058). The Office of Engineering and Technology hadn’t completed work on the order before FCC staff was ordered to telework last week, but most industry and FCC officials said they still expect the order to be ready for a vote at the April 23 meeting, though questions remain difficult.
CTIA said claims in docket 18-295 that it opposes Wi-Fi in the 6 GHz band, and that more licensed mid-band spectrum isn’t needed for 5G, aren’t true. “Members are eager to make use of and benefit from additional unlicensed capacity and wider unlicensed channels in the lower 6 GHz band,” CTIA said in a filing posted Monday. The wireless industry also supports “consideration of licensing in the upper portion of the band,” the group said. A licensed spectrum gap will continue even with planned auctions, CTIA said. The Fixed Wireless Communications Coalition said the FCC should allow unlicensed operations in the band only with automated frequency control. “No one has yet proposed a methodology that has been proven accurate in estimating propagation loss in the clutter environments where much unlicensed use is likely to occur,” the coalition said.
The largest auction in the history of high-band spectrum is over with the close of the assignment phase a week ago, with Verizon the biggest bidder, the FCC said Thursday. The auction of 37, 39 and 47 GHz spectrum brought in more than $7.5 billion in net bids. The major wireless carriers dominated. The FCC will pay out $3.1 billion for existing licensees to leave the band, leaving net proceeds of more than $4.4 billion. This was the FCC’s third high-band auction, after earlier sales of 24 and 28 GHz band spectrum.
House Appropriations Financial Services Subcommittee Chairman Mike Quigley, D-Ill., told us he’s eyeing attaching a rider to the subcommittee’s FY 2021 appropriations bill aimed at allocating proceeds from the FCC’s coming auction of spectrum on the 3.7-4.2 GHz C band. Quigley raised concerns about the FCC’s current C-band auction plan during a Wednesday House Appropriations Financial Services hearing on the commission’s FY 2021 budget request. The C-band plan drew criticism from Senate Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La., during that subpanel’s Tuesday FCC budget hearing (see 2003100022).
Negotiations continued Monday between House Communications Subcommittee Democrats and Republicans to see if they can reach a deal to smooth advancement of the Clearing Broad Airwaves for New Deployment (C-Band) Act (HR-4855) and the Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (HR-5926), communications sector lobbyists told us. The two bills, which got pushback from Republican leaders, are among 11 measures House Communications plans to mark up Tuesday. The session begins at 10 a.m. in 2123 Rayburn.
Don’t expect to see other nations to follow the FCC’s lead on how it’s repurposing part of the C band for terrestrial use, especially on satellite operator compensation, satellite experts said Monday at Satellite 2020. Morgan Lewis satellite and wireless lawyer Tim Bransford said other nations often can take a more unilateral approach, such as sunsetting the use of some spectrum, and compensation is typically less part of the process. Organizers of the trade show/conference said it was little harmed by COVID-19 worries.
FCBA postponed one program and is sticking with all others for now. The coronavirus prompted conferences and other gatherings to go virtual or be put off (see 2003050069). Thursday's FCBA International Telecom Committee brown bag lunch with wireless and international aides to FCC members will be rescheduled for a date to be determined soon, the event webpage said. "Due to the availability and limitations of the FCC staff, we’ve decided it best to reschedule," emailed FCBA Executive Director Kerry Loughney. She told us Friday she hopes the group's "other events will move forward." The commission last week suspended "until further notice any FCC involvement in non-critical large gatherings that involve participants from across the country and/or around the world." See our news bulletin. The agency didn't comment now. Many are watching whether the FCC sends commissioners and staffers to the NAB Show next month (see 2003060047). FCBA lists eight future events through next month that haven't been postponed. The organization livestreamed a Friday program on Congressional Budget Office scoring of FCC spectrum auctions (see 2003060053) for commission staff, in addition to holding it in person as had been planned. Brattle Group principal Coleman Bazelon, who led the presentation, said FCC staff who had registered to attend “were told that they’re not supposed to go to public gatherings anymore.” Bazelon noted he went to the agency’s headquarters Wednesday and was asked both about his travel during the previous two weeks and “if I was planning to” travel to any locations where coronavirus outbreaks have occurred. DOJ and the FTC had scheduled a Wednesday event on their draft vertical mergers and acquisitions guidelines, and another March 18. There has been no word on whether those gatherings would occur, and the agencies didn't comment. We filed a Freedom of Information Act request with the FTC Friday seeking such details.
Senate Commerce Committee leaders floated additional telecom supply chain security bills Wednesday to build on fixes included in the recently passed Secure and Trusted Communications Networks Act (HR-4998). Later in the day, the Senate passed the Secure 5G and Beyond Act (HR-2881/S-893). The bill would require the president develop a strategy for ensuring security of 5G networks and infrastructure (see 1903270065).
Who gets what accelerated relocation incentive payments in the FCC's C-band auction regime went largely unchanged in the band-clearing order approved 3-2 along party lines Friday (see 2002280005), said Chairman Ajit Pai and Commissioner Mike O’Rielly. Big rewrites of the draft order weren't expected (see 2002270048). The meeting was at times contentious, with pointed Republican and Democratic statements. Incumbent small satellite operators (SSO) plan to go to court.