The Senate Commerce Committee confirmed Thursday the panel plans to mark up the draft Spectrum and National Security Act and five other tech and telecom-focused bills during a Wednesday executive session, as expected (see 2404240074). The 108-page draft measure from committee Chair Maria Cantwell, D-Wash., would restore the FCC’s spectrum auction authority through Sept. 30, 2029, also as expected (see 2403210063). The proposal also provides a new vehicle for allocating stopgap funding for the commission’s ailing affordable connectivity program amid a delay in advancing a separate House-side bid to force a floor vote on providing that money, lobbyists told us.

The FCC should make inventory spectrum available for free to “non-dominant” carriers to promote competition, EchoStar, the parent of Dish Wireless, told the FCC (see 2404090045). “Non-incumbent carriers (more specifically, every carrier other than AT&T, T-Mobile and Verizon) should have a ‘right of first refusal’ to all Inventory Spectrum,” EchoStar said. The company also urged the FCC to address the lower 12 GHz band, as advocated by the 12 GHz for 5G Coalition (see 2312270045): “Substantial evidence in the record shows that fixed 5G services can provide broadband to tens of millions of Americans, while fully protecting existing non-geostationary orbit Fixed-Satellite Service and Direct Broadcast Satellite customers.” In another filing this week in docket 24-72, electric utilities said the approaches the FCC is examining don’t provide the certainty they need. “Currently, utilities have very few options for accessing spectrum -- particularly spectrum with the certainty provided by licensed exclusive-use -- and those limited options are increasingly insufficient in bandwidth,” they said. “The ability to access Inventory Spectrum presents one potential solution to the problem of spectrum availability.” The filing was signed by the Edison Electric Institute, the Utilities Technology Council, the Utility Broadband Alliance, FirstEnergy, Southern California Edison and the Southern Co. The Blooston Group of small and rural carriers said the best approach would be site-based licensing, which “would provide a simpler and lower cost way to promote access to spectrum in rural areas, and by entrepreneurs and smaller operators.” Third-party coordinators and licensee-to-licensee coordination “could be relied upon to minimize harmful interference between operators,” Blooston said. NCTA said the Lower 3, 7, Lower 37 and 12.7 GHz bands would be “perfectly situated -- both spectrally and technologically” for licensed-shared and unlicensed spectrum access frameworks. “A coexistence-based approach in each band would allow for efficient and cost-effective spectrum use by a diverse set of users, offer the fastest method of putting this spectrum in the hands of businesses and consumers, and enable federal and non-federal incumbents to continue providing critical services without disruption,” NCTA said.

The lower 3 GHz band's future is unsettled following DOD's public release last week of a redacted version of its Emerging Mid-Band Radar Spectrum Sharing Feasibility Assessment (see 2404030052), New Street’s Blair Levin said Wednesday in a note to investors. “The report's most significant implications for investors involve what the DOD report did not do,” he said: “It did not resolve any issues or provide a timetable for doing so. Thus, we remain far from resolving the question of where the spectrum that the wireless carriers argue they will need by 2027 will come from.” While some advocate exclusive licensing of the band, and others sharing, DOD “almost certainly retains a veto power over any potential outcome,” he said.

Top DOD officials stressed the continuing military importance of the lower 3 GHz band as DOD and NTIA kick off a study of the band that the national spectrum strategy requires (see 2403120056). DOD and other administration officials during a Monday event at CTIA stressed the importance of developing more sophisticated ways of sharing spectrum. The National Spectrum Consortium also sponsored the event.

Sen. Deb Fischer, R-Neb., a member of the Senate Armed Services Committee, said the redacted version of the Emerging Mid-Band Radar Spectrum Sharing Feasibility Assessment demonstrates the importance of the lower 3 GHz band to U.S. defense. DOD released the report Wednesday (see 2404030052). “Modern equipment vital to our nation’s defense, including aircraft and radar, requires access to the entirety of the lower 3 GHz band,” Fischer said. “To protect this country from adversaries like China, the DOD must retain that access. … NTIA can no longer overlook the facts included in this report.” DOD shouldn’t be viewed “only as the pot of spectrum gold at the end of the rainbow,” she said. “It’s very clear the DOD is still upset that it had to vacate the 3.45-3.55 GHz band,” Reconanalytics Roger Entner told us. But the U.S. military uses its systems globally, Entner said, and the 3.3 to 3.8 GHz band was harmonized internationally for 5G. “I am not sure what the U.S. military is going to do when it operates outside the U.S. territory,” he said. Entner noted there could be problems along the borders with Canada and Mexico if those countries use the spectrum for 5G. “Acknowledging the global coexistence of 5G with these defense systems, we underscore the necessity of exploring effective approaches beyond traditional spectrum sharing, including relocation and optimization of federal spectrum use, to make more spectrum available for commercial services,” a spokesperson of 5G Americas wrote in an email. “The report confirms what experts have been saying all along -- dynamic spectrum sharing in the lower 3 GHz band can unleash U.S. innovation and commercial 5G uses without weakening national security, if the right interference mitigation techniques are applied,” said Spectrum for the Future, a pro-sharing group.

DOD on Wednesday released a redacted version of the Emerging Mid-Band Radar Spectrum Sharing Feasibility Assessment (EMBRSS), which DOD and NTIA forwarded to Congress in September (see 2309280087). The report examines military systems located in lower 3 GHz spectrum, with an eye on potential sharing but not on clearing as sought by CTIA and carriers.

NTIA appears to be putting the finishing touches on its Commerce Spectrum Management Advisory Committee, with a meeting expected as early as June, industry officials told us. But NTIA reportedly hasn’t notified members that they have been selected to participate.

CTIA is hopeful a legislative vehicle will be found soon that will restore general FCC auction authority, more than a year after it lapsed, CTIA Senior Vice President-Spectrum Umair Javed said Wednesday during a Georgetown Center for Business and Public Policy webcast. “It sort of feels like there’s a lot of smoke, and maybe not fire yet,” Javed said. He hopes a bill floated by Sen. Ted Cruz, R-Texas, will provide the needed “spark.”

Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us Thursday she hopes to soon file legislation on a five-year renewal of the FCC’s lapsed spectrum auction authority without language authorizing sales of specific bands, despite Republican criticism during a Thursday hearing about omitting an airwaves pipeline. Senate Commerce ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., emphasized their 2024 Spectrum Pipeline Act (S-3909) as an antidote to concerns about the Biden spectrum strategy, as expected (see 2403200001). The hearing also revealed clear divisions among panel Republicans about continuing to explore 5G use of the 3.1-3.45 GHz band, which has drawn opposition from DOD and top Capitol Hill allies (see 2403200061).

Two retired senior military officials on Wednesday urged collaboration between the wireless industry and the DOD on opening the lower 3 GHz and 7/8 GHz bands for licensed use. While the U.S. “has been the established global leader in wireless, a new technology superpower -- China -- is emerging with astonishing speed,” said Mike Rogers, a retired U.S. Navy admiral and former director of the National Security Agency, and Bruce Crawford, retired lieutenant general and former Army chief information officer. “Both our military and commercial sectors need access to spectrum -- but today our national spectrum policies are struggling to keep up with critical needs,” they said in a Stars and Stripes essay. The lower 3 and 7/8 GHz bands align “with our allies around the globe and should be our priority,” they added. “We should explore all opportunities for full-power commercial access to these bands while ensuring that the needs of federal missions are fully met.” In addition, DOD needs clear direction and a schedule of auctions from the FCC, Rogers and Crawford wrote: “Too often our military is forced to respond to band-by-band spectrum access requests without any global view of the policy objective or insight into when or where the next request will be received. That is not how the military works.”