Senate leaders acknowledged they’re beginning to consider using floor time to pass the House-approved bill to renew the FCC’s spectrum auction authority through May 19 (HR-1108) in case they can’t reach a deal with Sen. Mike Rounds, R-S.D., that would pave the way for enacting the measure via unanimous consent, but they insisted such a move isn’t their preference. An accord remained elusive Wednesday, with Rounds saying he's still opposed to the May 19 extension and leaders still resistant to his alternate bid to renew the authority through Sept. 30 (S-650). That impasse led to the FCC’s mandate lapsing just under two weeks ago (see 2303090074).
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.
NTIA faces questions about its request for comments released last week about a national spectrum strategy, which experts said appears to show work on the strategy at an earlier stage than expected. Several groups issued comments thanking the administration for moving forward, but former FCC Commissioner Mike O’Rielly said the RFC was more like an FCC notice of inquiry than an NPRM (see 2303150066). O’Rielly said the document released offered less direction than expected, based on earlier comments by Scott Harris, tapped to lead work on the strategy.
New Competitive Carriers Association President Tim Donovan met with officials from the FCC Wireless Bureau and Office of Engineering and Technology, including on the “recent lapse” of the FCC’s auction authority and the need of CCA members for certainty on the Secure and Trusted Communications Networks Reimbursement Program “before the July 15 deadline for participants to submit their first reimbursement requests.” The future of the affordable connectivity program is “front of mind for many of CCA’s carrier members,” CCA said in a filing posted Wednesday in 18-89 and other dockets. CCA continues to work with the commission and Congress to develop a “strong” spectrum pipeline and “3.1-3.45 GHz offers a chance for valuable mid-band spectrum,” the filing said. CCA also discussed the C band, citizens broadband radio service band and 12 GHz.
The FCC Wireless Bureau and Office of Engineering and Technology sought comment Friday on Samsung Electronics America's request in August for a waiver allowing it to offer a radio that works across citizens broadband radio service and C-band spectrum. Comments are due March 27, replies April 4, in docket 23-93. “At the time the C-Band Order was adopted, the CBRS auction had not even commenced,” Samsung said in a petition seeking the waiver: “No one knew who would win licenses in CBRS, let alone in the 3.7 GHz auction which would not end for another year. Carriers were still determining what their mid-band strategies would be and how they could use one or both bands. The world has evolved significantly since then. Grant of Samsung’s waiver request is appropriate now to ensure that carriers have the equipment they need to rapidly deliver on the promise of their 5G networks.” The FCC recently approved a similar waiver for a multiband waiver for Ericsson, which had broad support (see 2208240045).
A Friday House Communications Subcommittee hearing intended to jump-start negotiations on a comprehensive spectrum legislative package touched on some of those policy issues, but subpanel members used it as a bully pulpit to blast the Senate for failing to prevent the FCC’s frequency auction authority from expiring Thursday, as expected (see 2303090074). The House gaveled out Friday for a recess scheduled to end March 22. Senate leaders and Sen. Mike Rounds, R-S.D., who disagreed about dueling bills to renew the commission’s mandate (see 2303080081), expect to return to negotiations this week.
The U.S. District Court for the District of Columbia dismissed a False Claims Act action brought by lawyers Mark O’Connor and Sara Leibman, who allege defendants fraudulently said Frequency Advantage was a “very small business” qualifying for “designated entity” status and a bidding discount in a 2015 spectrum auction. The case was brought against UScellular and Frequency Advantage, along with other defendants, including Advantage Spectrum, King Street Wireless and Telephone and Data Systems. The court earlier dismissed the case but granted plaintiffs “leave to amend their allegations to allow them to attempt to proffer different allegations or transactions from those already in the public domain,” the court said: “The Amended Complaint fails to do so. The ‘core allegation’ Plaintiffs-Relators identify in their Amended Complaint is the same as in their original Complaint, which the court already held did not overcome the public disclosure bar. They proffer the same FCC filings and other public information from their original Complaint.”
The FCC’s spectrum auction authority was careening toward expiration late Thursday night, after the Senate gaveled out for the week without acting on dueling proposals to extend the mandate. Sen. Mike Rounds, R-S.D., earlier in the afternoon declared that an impasse between him and congressional leaders over the extension bills would continue into next week. Rounds failed Wednesday in his bid to pass his bill to lengthen a new renewal to last through Sept. 30 (S-650) by unanimous consent, as expected (see 2303080081). He also formally objected to advancing a House-passed measure to reauthorize the statute through May 19 (HR-1108). The deadlock will likely influence debate during a Friday House Communications Subcommittee hearing on spectrum legislative issues, lawmakers and lobbyists said in interviews.
Tower companies are looking to diversify their revenue streams as 5G unfolds, experts said during a Network Media Group webinar Thursday. The rollout of 5G presents “both challenges and opportunities for tower companies, including the need for infrastructure upgrades, competition in a highly regulated industry and potential for diversifying revenue streams,” said Will Townsend, Moor Insights principal analyst-networking.
Communications sector officials voiced elevated concerns Wednesday about the prospects that the FCC’s spectrum auction authority might expire Thursday night, before a planned floor showdown between Sen. Mike Rounds, R-S.D., and other Senate officials over dueling proposals to extend the mandate (see 2303080045).
An extension of the FCC's auction authority through May 19 isn't yet assured amid hopes for a slightly longer renewal to give lawmakers even more time to negotiate a broader spectrum legislative package, several senators said in interviews Monday and Tuesday. The House passed its bill to temporarily reauthorize the FCC's mandate (HR-1108) Monday on a voice vote. Lawmakers have been wary about the current March 9 expiration of the FCC's remit due to the slow pace of legislative talks since this Congress returned Jan. 3 (see 2302220063).