A Thursday Senate Communications Subcommittee hearing on the FCC and NTIA roles in spectrum policymaking is likely to at least partially focus on the dispute between the two agencies over Ligado’s L-band plan, lawmakers and officials said in interviews. The hearing is also likely to be a venue for lawmakers to address other related policy matters, including FCC disputes with other federal agencies on the 24 GHz auction and other frequencies, and bids to allocate proceeds from the coming auction of spectrum on the 3.7-4.2 GHz C band, lobbyists said. The panel begins at 10 a.m. in 253 Russell (see 2007160054).

NATOA and other state and local government groups said localities need more support from the FCC in addressing residents' RF concerns, in replies to a December NPRM (see 1912040036). CTIA noted wireless devices are safe for all consumers based on FCC rules. CTA said regulators should use a flexible approach and address wireless power transfer (WPT) as it considers new RF rules. Replies are posted through Tuesday in docket 19-226.

Encina Communications Chairman Michael Mulcay described the risks its facilities face of harmful interference from unlicensed use of 6 GHz spectrum, in a call with acting Chief Ron Repasi and other FCC Office of Engineering and Technology staff. Encina sought reconsideration of the April 6 FCC 6 GHz order, rejected by OET as filed too late (see 2007130017). Interference at the sites “would cause irreparable harm, especially since there is no meaningful mechanism in the Report & Order to mitigate the interference,” Encina said in a filing posted Friday in docket 18-295.

Stay the April 6 GHz order, which remains a threat to public safety communications, APCO said in a Friday filing in FCC docket 18-295. Radio local area network proponents recently invited stakeholders to participate in talks on establishing a multistakeholder group to oversee interference problems, apparently with encouragement from the FCC, APCO said: The group is “unlikely to resolve the important issues of how to detect and mitigate interference from standard-power and low-power devices.” Wi-Fi proponents are “exploiting the coronavirus pandemic to argue for increasing unlicensed spectrum, rather than recognizing that the pandemic is straining public safety agencies and will have long-term impacts (such as exacerbating budgetary constraints) that will make interference to 6 GHz systems harder to address and more detrimental to their life-saving missions,” the group said. In May, APCO sought reconsideration (see 2005280047).

The agency will act on an order changing the allocation of the 5.9 GHz band “certainly by the end of the year,” Chairman Ajit Pai answered our query in speaking with the media. Commissioner Mike O’Rielly said he’s not sure why an order isn’t on the Aug. 6 agenda. “I don’t think we’re that far away,” he said in response to our question: “A month or two here or there doesn’t cause me that much concern.” The FCC is expected to reallocate the band in coming months, with 45 MHz set aside for unlicensed use (see 2004300032). “I’m very excited about the potential for the 5.9 GHz band,” though he hasn’t reached a decision yet, Commissioner Brendan Carr said. “We kind of let 5.9 sit out there for a long time,” he said: “I’m glad that it’s on the table and that we’re working on it.”

The FCC provided more details on the rules for the upcoming C-band auction in the draft public notice, circulated for an Aug. 6 vote by commissioners (see 2007150066). The FCC also posted draft items on inmate calling services rates and media modernization, among others set for a vote.

Oppositions to petitions for reconsideration of the FCC’s April 6 GHz order are due July 29, replies Aug. 10, in docket 18-195, said Tuesday's Federal Register. APCO, CTIA, the Fixed Wireless Communications Coalition and Verizon sought recon (see 2007080057).

The Office of Engineering and Technology rejected a petition for reconsideration of the FCC’s April 6 GHz order by Encina Communications (see 2007080057), as it was filed four days late, said a Monday order. “The 30-day period for filing petitions for reconsideration is statutory and generally may not be waived."

The FCC’s 6 GHz order faces a potential court fight and petitions for reconsideration, but Wi-Fi advocates and others said it should easily survive the challenges. Commissioners approved allocating 1,200 MHz for sharing with Wi-Fi and other unlicensed use in the 6 GHz band 5-0 in April, after extensive technical analysis by FCC engineers (see 2004230059). The regulator is unlikely to make extensive changes based on the recon petitions, and appellate courts usually give the agency’s technical expertise wide sway, industry observers said.

The FCC said Monday its NPRM for implementing the 2012 spectrum law's mandate for public safety to move off the 470-512 MHz T band by 2021 proposes “to issue licenses only where net winning bids would exceed the total estimated relocation costs for all public safety T-Band licensees subject to mandatory relocation.” Those costs are expected to total $5 billion-$6 billion, while GAO found last year revenue from a T-band spectrum sale would be unlikely to exceed $2 billion (see 1906210050). FCC Chairman Ajit Pai announced in May his circulation of the NPRM and simultaneously called for Congress to repeal the auction mandate (see 2005150053). The FCC seeks comment in docket 13-42 on its proposal for a licensing trigger and “on the statutory meaning of certain terms that will inform the likelihood that net winning bids will in fact exceed total estimated relocation costs.” The commission wants commenters to discuss “how to address any deficit in net winning bids -- should we require public safety licensees to relocate on a city-by-city basis if the bids for a particular urbanized area meet or exceed the cost estimates to relocate public safety licensees in that particular area? Similarly, should licensees be required to relocate on a channel-by-channel basis within urbanized areas where bids for that channel meet or exceed the cost of clearing the channel?” Comments are due 30 days after Federal Register publication, replies after 60 days. Commissioner Jessica Rosenworcel supported the NPRM because she believes the rules mean “this auction is destined to fail” given proceeds “would need to be greater than the revenue raised from the FCC’s previous nationwide auctions” in the 24 GHz and the 28 GHz bands combined: The agency “does not have the authority to waive this statutory requirement, even if under present circumstances this auction is clearly not in the public interest.” Congressional “action that would stop this auction and allow public safety authorities to continue to communicate using the T-Band is the best way forward,” Rosenworcel said.