Wireless Spectrum Auctions

Making more spectrum available for such ISPs is as important as subsidies for increasing broadband, Wireless ISP Association President Claude Aiken said on a webinar Wednesday. “We need to have a multifaceted solution to getting incredibly high speed broadband … to 100% of Americans.” WISPA called for localizing spectrum policy, with more licenses for WISPs and other players “to supercharge competition” and get to 1 Gbps. Subsidies should focus on current providers, “resulting in significant savings today while still delivering evolutionary capabilities of the future,” the plan said. Aiken urged the FCC to offer smaller geographic licenses than proposed in the 3.45 GHz auction (see 2103170061). The partial economic area licensing model “forecloses participation by some of these smaller providers that serve rural communities today,” he said. WISPA wants use-it-or-share-it rules in future auctions, he said. Aiken said some WISPs need utilize unlicensed spectrum, though thousands of megahertz of licensed spectrum goes unused. Federal subsidies aren’t reaching the least populated, hardest-to-reach areas, he said: “We’re wary of programs that would subsidize connectivity in suburbia before it really gets out to rural America.” Infrastructure rules, especially on pole access, are important, he said. "All the money in the world isn’t going to do much good if you can’t get into a right of way or onto a pole or onto a tower.”

Commissioners approved 4-0 an item that moves the agency closer to a 3.45-3.55 GHz 5G auction starting in early October. A notice proposes a standard FCC auction, similar to the C-band auction, rather than one based on sharing and rules similar to those in the citizens broadband radio service band. The draft public notice got several tweaks, as expected, including offering 10 MHz rather than 20 MHz blocks, but keeps larger partial economic area-sized licenses (see 2103150052). Commissioners Brendan Carr and Nathan Simington concurred on parts of the order because of lingering concerns.

Aides to the other three commissioners have been working with the office of acting Chairwoman Jessica Rosenworcel Monday on possible changes to a public notice proposing rules for an October auction in the 3.45 GHz band, said FCC and industry officials. The order is expected to be approved 4-0. It could get a few tweaks from the draft, officials said. They expected discussions to continue Tuesday.

FCC Commissioner Brendan Carr laid out a “road map” for actions he hopes the regulator will take this year on spectrum, during an American Enterprise Institute webinar Monday. He wants the FCC to finalize broadband maps this fall, suggesting it focus on relatively basic ones that could be finished more quickly. Until maps are completed, the FCC is “a bit stalled” on launching a Rural Digital Opportunity Fund Phase II or 5G Fund auction, he said: “Congress provided us a lot of funding … to get that job done. … Then if we want to add to those maps over time, we should.” Carr expects continuing problems and “tough calls” to make more federal spectrum available for wireless. He hopes “we end up with the right leadership to push forward.” Carr said that if the FCC returns to Communications Act Title II rules for net neutrality, 5G could suffer. “You may bless an individual use case, but you could cast doubt” on others, he said. The challenge in the 12 GHz band, the subject of a January NPRM (see 2101130067), is mainly “a technical one,” Carr said. “If we can get 5G terrestrial use in 12 and continue to get the public interest benefits that come from this new generation of low-earth orbit satellites, that’s great,” he said. “That’s what the engineering at this moment is sorting through.” Carr wants a federal lands desk at the FCC on siting issues: “There’s not a ton that we have authority to do with respect to federal lands,” but a desk “would at least give people on the outside a one-stop shop to bring their issues.” Complete work on the 6 GHz Further NPRM, allowing very low-power devices to operate at 14 dBm, Carr urged. Schedule a 2.5 GHz auction as soon as possible, he said, and launch a proceeding to look at updating rules for the U-NII-2C band (5470-5725 MHz). “Equipment manufacturers don’t even bother to include the band in many 5 GHz Wi-Fi devices.”

AT&T has no regrets about the $27.4 billion it bid in the C-band auction and will have the cash flow to pay for the spectrum, CEO John Stankey said on CNBC Friday. Executives had a similar message during an investor/analyst day presentation. Verizon defended its C-band spending Thursday (see 2103110034).

T-Mobile and AT&T countered Dish Network arguments on FCC rule changes for a 3.45 GHz auction (see 2103090034), aligning them more closely with citizens broadband radio service rules. Filings were posted Thursday in docket 19-348. Others also made arguments before Wednesday’s sunshine notice. T-Mobile cited “DISH’s history of enriching itself while delaying the deployment of spectrum and services.” Dish proposes changes “that would limit competition in the auction for that spectrum and … relax the proposed build out requirements in a way that would delay deployment,” T-Mobile said. The proposal “would enable DISH to acquire the spectrum at artificially depressed prices without any legitimate justification or demonstrated ability to put it to prompt use,” AT&T said. AT&T supported Dish arguments in favor of a “coherent spectrum-aggregation policy,” saying “every provider needs nationwide mid-band spectrum in large contiguous blocks to compete effectively.” Dish didn’t comment. OnGo Alliance representatives raised concerns about interference for CBRS band users, in calls with aides to acting Chairwoman Jessica Rosenworcel and Commissioner Nathan Simington. They discussed problems for CBRS environmental sensing capability providers from “uncoordinated” 3.45 GHz operations and the need for “coordination rules,” the group said. ARRL, which represents amateur radio operators, urged the FCC to allow amateurs to continue using 3.3-3.5 GHz, in calls with commissioner aides and staff from the Wireless Bureau, Office of Engineering and Technology and Office of Economics and Analytics. “Amateurs have applied their technical expertise -- much of it acquired through self-training -- to use the bits and pieces of spectrum in the 3400 MHz band that are not used by the primary operators,” the group said. Ericsson urged rethinking the proposed two-step out-of-band emission limit, in calls with Office of Engineering and Technology and Wireless Bureau staff. “It would force the development of unique, U.S.-only products for the 3.45 GHz band, and would preclude use of globally harmonized … base station equipment,” the company said. “Extending elements of the CBRS framework is the best way to make the 3.45-3.55 GHz band available to a wider variety of users and use cases,” the Open Technology Institute at New America told Rosenworcel aides.

Lobbying intensified before an expected Wednesday sunshine notice on what model FCC members should approve March 17 for auctioning frequencies at 3.45 GHz, filings showed. Cable and satellite stakeholders were among those seeking changes to the auction draft rules so that bidding resembles that used in bidding for citizens broadband radio service airwaves. Others seek for the regulator to stick with the C-band auction approach, which is what the original draft that recently circulated would do.

The Wireless ISP Association asked the FCC to auction the upper 40 MHz of the 3.45 GHz band by county, rather than by partial economic area, in calls with aides to Commissioner Geoffrey Starks and Nathan Simington. Other groups also sought smaller license sizes (see 2103040061). WISPA would leave the remaining 60 GHz to be sold as PEAs. “Using county-based licenses for the upper 40-megahertz will promote greater participation in the auction by smaller providers interested in obtaining licensed mid-band spectrum for rural coverage,” WISPA said. T-Mobile urged 10 MHz rather than 20 MHz licenses and sought a simplified out-of-band emissions (OOBE) mask. Adopting citizens broadband radio service rules wouldn’t work, the carrier said. “While CBRS-style rules support lower-power operations and may have been appropriate for the 3.5 GHz band because of the need to protect incumbent radars and to address coexistence concerns, those circumstances do not apply to the 3.45 GHz band,” T-Mobile said: It wants a 40 MHz limit on buys by any bidder. New America's Open Technology Institute asked a Starks aide to model rules on those for CBRS: “CBRS is already proving that an integrated band with both licensed spectrum and shared [general authorized access], operating under common technical rules, promotes innovation, competition and more localized deployments by a wide variety of ISPs, enterprise and other institutions.” The “unique issues that led to lower power levels in the CBRS band are not present here, and allowing power levels comparable to C-band will maximize the efficient use of the 3.45-3.55 GHz band,” the Competitive Carriers Association said in a call with an aide to acting FCC Chairwoman Jessica Rosenworcel. Proposed aggregation limits “will invite greater participation in the auction and promote competition by ensuring at least three licensees in each market,” CCA said. Lockheed Martin raised interference concerns for its three primary radar manufacturing and test facilities in New York and New Jersey. Filings were posted Monday in docket 19-348.

Stakeholders suggested changes to rules for a 3.45 GHz auction, in recent calls with eighth-floor FCC staff. Public Knowledge asked the agency to allow shared use of spectrum not sold in the auction. Rather than selling the licenses in a future auction, the commission should add them to the citizens broadband radio service database and “permit general authorized access (GAA) pursuant to the CBRS service rules,” PK said in calls with aides to Commissioners Geoffrey Starks, Brendan Carr and Nathan Simington. “Extend the CBRS framework on a more permanent basis into the 3.45-3.55 GHz band,” the group said: “Doing this will ensure valuable spectrum will be used without leaving GAA dependent networks stranded when licensees deploy.” Rationalize the CBRS rules with rules for 3.45 GHz, Dish Network urged: “Such an effort could provide the Commission with a win-win outcome that raises revenue for the U.S. Treasury … while preserving the investment-backed plans of the many entities that successfully participated in the CBRS auction." Offer county-sized, 10-MHz licenses, consistent with the CBRS auction, Southern Linc asked a Carr aide and staff from the Wireless Bureau, Office of Economics and Analytics and Office of Engineering and Technology. “In addition to nationwide, regional and rural service providers, the licensing framework for the CBRS band drew participation from electric utilities and other private network operators with a pressing need for spectrum to support operations that play a crucial role in the US economy,” Southern Linc said. Filings were posted Friday in docket 19-348. The FCC is unlikely to backtrack from acting Chairwoman Jessica Rosenworcel’s approach on the auction (see 2102240063), Cowen’s Paul Gallant told investors Friday. “Although the agency is currently split 2-2, we doubt Chairwoman Rosenworcel would have circulated it unless it was going to be adopted,” he said: “It would set C Band-like rules rather than CBRS rules that helped Comcast and Charter win 3.5 GHz spectrum last year.”

In support of appellants Northstar Wireless and SNR Wireless, Dish Network will argue that FCC denial of AWS-3 auction bidding credits to the Dish designated entities deviated from policy and precedent by creating "competitive inequities among participants in FCC spectrum auction processes." That's according to Dish in a notice of intent to participate (in Pacer, docket 18-1209) Thursday in the U.S. Court of Appeals for the D.C. Circuit.