FCC Spectrum Authority Has International Stakes, FCBA Told

WILLIAMSBURG, Va. -- Quickly restoring FCC spectrum auction authority is critical with the World Radiocommunication Conference approaching in late fall, said government officials at the FCBA annual seminar Friday and Saturday. FCBA members heard from FCC commissioners and NTIA officials on a variety of other issues, including possible "Buy America" waivers for the broadband equity, access and deployment (BEAD) program.

FCC auction authority lapsed March 9 amid Capitol Hill disagreement (see 2304280027). FCC spectrum auction authority expiring for the first time isn’t good for U.S. wireless leadership, Commissioner Brendan Carr said. Freeing up spectrum “puts the wind at the back of U.S. officials … as we engage internationally” at WRC and other conferences, he said. Congress should reauthorize the authority “sooner rather than later,” said Carr: In the meantime, the FCC still has “authority to make progress on spectrum” even without the ability to start auctions.

Auction authority expired with WRC coming soon, Nov. 20 to Dec. 15, House Communications Subcommittee Chief GOP Counsel Kate O’Connor said on a Hill panel. “I don’t know how that could possibly … benefit the U.S. in their negotiations.” Hill talks continue “with our leadership in the House, as well as the Senate and the minority” and “we are still hopeful to pass a comprehensive package,” said O’Connor. A “longer-term clean extension” until Sept. 30 could be considered if it’s the “only possibility,” she said. The subcommittee’s chief Democratic counsel, Jennifer Epperson, said “we’re all trying to … move in a productive direction and hopefully we can get those results quickly.”

As preparations for WRC get underway, the U.S. is “closer to consensus on a whole bunch of issues in this cycle than in many others in which I’ve been involved,” said NTIA Senior Spectrum Adviser Scott Harris. It always “looks impossible” to find U.S. consensus at this time of year before a WRC, said the former FCC International Bureau chief: “Yet somehow … by the fall it’s all worked out.” Recent comments on national spectrum strategy (see 2304180023) show “everyone needs more spectrum,” but “nobody believes they’re going to get it,” said Harris. “We have to make sufficient spectrum available” and “we’ll succeed, because there really is no alternative.”

Commissioner Nathan Simington looks forward to talks on wireless receivers, following the FCC’s policy statement (see 2304210056), he told the seminar. There have long been engineering reasons to look at receivers, but it has been a challenging issue for the FCC to tackle, he said. Getting overly prescriptive could risk “drawing a bright line in a place that ultimately could become dangerous down the road.” Simington hopes “that by getting receivers into the discussion, the industry and other stakeholders will be able to define what they think we should be talking about,” he said. “Hopefully … once we’ve got that set of expectations out there, it brings into the light what everyone’s motivations are.”

Possible phaseout of AM radio in electric vehicles (see 2302280073) could come up at the FCC in the context of what a surge in EVs means for RF, said Simington: That’s because a higher concentration in EVs could increase the noise floor. Mandating AM radio in EVs may not address that problem, but the issues “sort of ride together because the reason this is an issue in the first place is because of increased RF [waves] from the electrical components.”

Moving to ATSC 3.0 is about freeing broadcasters “to put their spectrum to its highest value use,” said Carr: The FCC should talk about “when do we sunset that obligation to maintain a 1.0 signal.”

Carr said, “Shame on the FCC if we continue to see decline in local radio and local broadcast TV while we continue to have that sector regulated heavier than any other sector before us.” The commission should build an environment that spurs big investment, he said. The FCC should avoid letting local broadcasters face a fate like local newspapers, said the Republican: Local TV is highly trusted, while cable news is “pushing people towards preferred political narratives.”

Standard General and Tegna aren’t getting a clear, transparent process from the FCC, Carr said. “Maybe” it’s a one-off situation, “but the broader message that’s sending to” broadcasters and other regulated entities could be that “it’s a black box,” he said. “That’s discouraging to the massive, massive investment that we need in this space.”

NTIA Mulls ‘Buy America’ Waivers

NTIA continues to target June 30 to make state BEAD allocations, Deputy Administrator April McClain-Delaney told FCBA. Once states “get the allocations, they’re really going to do a lot of convening” and “the hard work,” she said. Some states worry if they will have a big enough workforce despite having the money, she said. “The really shrewd and savvy states are going to be able to work with industry” and community colleges to train people who need jobs.

The agency “is looking at waivers … on a limited basis” for “Buy America” requirements, given supply chain issues, said McClain-Delaney. “We realize there has to be some flexibility in how those [networks] are deployed.” Some are concerned the requirements could slow deployment (see 2302130003). NTIA gets that “Buy America” requirements won’t be practical in every situation and will seek a balance between meeting that objective and connecting everyone, said Senior Adviser Sarah Morris on another panel.

“We feel good about the FCC’s map,” said Morris: “This is the most granular assessment of broadband availability we’ve ever had in this country” and the challenge process is working. D’wana Terry, special adviser to FCC Chairwoman Jessica Rosenworcel, said the map “is a work in progress.” She said “there are different perspectives about availability and part of the process is seeing where things are, according to whom, and if you disagree there’s a challenge process.” Engaging in that process “can be frustrating,” said Terry, but “it’s that hard work that’s going to get us to the best result.”

With BEAD dollars incoming, Carr wants to extend certain permitting rules the FCC made for 5G small cells to the wireline world, including shot clocks and cost-based fees, he said. Local governments opposed rules that preempt their authority. “If we're spending money and not streamlining permitting in the same time, then we're just jumping on the gas and the brakes.”

Small-cells deployment accelerated after the FCC’s 2018 order, said Carr, even though litigation persists (see 2210070046). “There’s always going to be individual cases where … each party isn’t going to be happy or maybe it leads to litigation,” he said, “but if you look at the trendline … we are unquestionably in a much, much better situational than we were before the FCC’s reforms.”

Washington must find a “sustainable funding mechanism” for the affordable connectivity program (ACP), said FCC Commissioner Geoffrey Starks. ACP funding is expected to run out next year. Also, ACP needs to reach many more households, as only about 35% of potential subscribers are enrolled, the Democrat said. Since BEAD requires providers to have low-income services, the ACP discount will help those dollars go further, he added. Carr said more data on how ACP is helping bridge the divide is needed to make the case to Congress that it should be reupped.

Oversight will be a top priority for House Republicans as broadband funds go out, said O’Connor. “We are working with NTIA and the FCC to get everybody in front of the subcommittee in the next couple of months.” Majority members fear “that as the funding goes out the door, and all of the regulatory burdens are still there,” including permitting requirements, “the funding could be wasted.”

ACP should get more cash, but it’s up to congressional appropriators, said Epperson: The program is a high priority for Democrats. O’Connor noted COVID-19 resulted in large spending and many new programs on top of existing USF subsidies. Republicans want to “take a comprehensive look at how all of these programs are working together -- if they’re working together,” then decide what to do, she said.

Dangerous Algorithms?

“The algorithm is actually hurting people" when it suggests content that’s bad for mental health, said Colorado Attorney General Phil Weiser (D) in a prerecorded Q&A. That might happen if a platform like YouTube sees someone viewing weight-loss videos and suggests self-harm videos, he said. “We’re investigating Instagram and TikTok because we’re concerned about that type of conduct. We don’t believe that Section 230 should be interpreted as barring legal action based on the nature of the product itself.”

Saying algorithms hurt people is a “very strong statement,” responded Ashkhen Kazaryan, Stand Together senior fellow-free speech, on a later panel. Not using algorithms may also be harmful, as they can be used to moderate bad content, she said.

AI is “only as good as those that put the information in,” said Multicultural Media, Telecom and Internet Council CEO Robert Branson. "We want AI, but we also need to slow it down sometimes to make sure the biases aren't there.” It’s important not to forget good possible uses of new technologies, including more immersive classrooms, said XR Association President Elizabeth Hyman: “Let’s not go down the dystopian rabbit hole too quickly.”

NTIA wants comments by June 12 on AI accountability, said the agency’s Associate Administrator Russell Hanser. “The time for principles is behind us,” he said. “It’s time for governance.”