The 5G Fund order that FCC Chairwoman Jessica Rosenworcel circulated last week (see 2403200071) is expected to have several gaps that will need addressing with a Further NPRM on a tribal reserve but also through auction public notices, industry officials said. One question that needs answering is how to define open radio access networks, slated to get up to 10% of the $9 billion to be awarded.
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.
Sen. Steve Daines, R-Mont., led filing of the Supporting National Security with Spectrum Act Friday as an alternative vehicle for allocating an additional $3.08 billion for the FCC’s Secure and Trusted Communications Networks Reimbursement Program after congressional leaders didn't agree to include the funding in the Further Consolidated Appropriations Act FY 2024 minibus spending bill (see 2403210067). Congress inched closer Friday to passing the minibus, which also didn't include stopgap funding for the FCC's ailing affordable connectivity program despite a strong push by the initiative's backers (see 2402210073).
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).
A CTIA executive on Wednesday criticized DOD’s work so far on the potential clearing of parts of the lower 3 GHz band. “We need more spectrum to meet commercial demand” and the federal government holds the most spectrum, said CTIA Senior Vice President-Spectrum Umair Javed during an Information Technology and Innovation Foundation webinar on Wednesday. Other panelists praised the Biden administration for releasing a national spectrum strategy (see 2403120006). The strategy includes a co-led NTIA and DOD study of the lower 3 GHz band.
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.”
Carriers need more spectrum and the 24 GHz band is important to deploying 5G, CTIA said in reply comments on a December NPRM examining changes to the rules. CTIA and other wireless industry commenters said the FCC should harmonize rules with decisions made during the World Radiocommunication Conference in 2019 but go no further.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us she's considering a clean FCC reauthorization bill that could pay for some of congressional leaders’ telecom priorities but wouldn’t necessarily mandate that the commission begin sales of specific frequencies. Senate Commerce plans a March 21 hearing on that and other spectrum policy issues, Cantwell told us Thursday ahead of a formal panel announcement. Cantwell's proposal would be in line with her pursuit of a slimmed-down measure (see 2403110066) drawing some elements of the stalled House Commerce Committee-cleared Spectrum Auction Reauthorization Act (HR-3565).
NTIA Tuesday released its implementation plan for the national spectrum strategy. Under the plan, studies for the 3.1-3.45 GHz and 7/8 GHz bands, top priorities of wireless carriers, will begin this month and be completed in October 2026 (see 2403120006). FCC Commissioner Brendan Carr criticized the plan, saying in “the best case” the lower 3 and 7/8 GHz bands won’t be available until 2028. Others had a more positive take.
President Joe Biden is requesting increased funding in FY 2025 for the FCC, Patent Office and the Commerce Department’s Bureau of Industry and Security (see 2303130070). The FY25 requests are lower than FY24's for the FTC, NTIA, the National Institute of Standards and Technology, DOJ’s Antitrust Division and some Agriculture Department broadband programs, though in some cases the Biden proposal exceeds ultimate Congressional allocations for FY24. Biden signed off Saturday on the Consolidated Appropriations Act FY24 appropriations minibus package (HR-4366), which included funding cuts for NTIA and other Commerce agencies but a slight increase for DOJ Antitrust (see 2403040083). The Senate voted 75-22 Friday night to approve the package.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., filed their long-circulating 2024 Spectrum Pipeline Act Monday with some changes from a draft version proposed in the fall (see 2311220063). The proposal drew sharply divided reactions from communications policy stakeholders. Some lobbyists suggested Cruz and Thune filed the measure Monday to get ahead of NTIA's planned release later this week of its implementation plan for the Biden administration's national spectrum strategy (see 2403050048).