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House Democrats Introduce Bill to Free Up Mid-Band Spectrum for Auction, Flexible Use

The bill would ensure adequate mid-band spectrum is available for commercial use to expand broadband availability.

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Congresswoman Doris Matsui, D-California.

WASHINGTON, September 30, 2021 – Reps. Mike Doyle, D-Pennsylvania, and Doris Matsui, D-California, have introduced a bill that would free up new airwaves for wireless broadband use by the public, which the representatives claim would mean faster speeds and more responsive networks.

The Spectrum Innovation Act, unveiled Wednesday and referred to the House Committee on Energy and Commerce on which Doyle is the chairman, will “make available additional frequencies in the 3.1-3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes.”

The bill comes after Congressman Doyle told Broadband Breakfast last month that spectrum provisions in the Senate-passed infrastructure bill – which is slated to be voted on in the House on Thursday – deviated from the “traditional process” and that he planned to “look at that.”

Among the spectrum rules outlined in the infrastructure bill is the ability of federal officials to seek out spectrum frequencies for federal use, and to shovel money from the Spectrum Relocation Fund toward to the Defense Department for the “purpose of research and development, engineering studies, economic analysis, activities with respect to systems, or other planning activities.”

The affected spectrum in this case would be the 3.1 to 3.45 GigaHertz (GHz) band, a key mid-band series of radio frequencies that includes some federal users, that is the subject of this new bill.

“In addition to up to 200 megahertz of spectrum auctioned for mobile broadband, this bill will help usher in new, innovative wireless uses through opportunistic and other flexible spectrum uses,” Congressman Doyle said.

“For the United States to remain the pacesetter in wireless broadband, we must continue to ensure innovators have a reliable spectrum pipeline,” said congresswoman Matsui in a press release Wednesday.

“We stand at a pivotal moment in the development and deployment of next generation networks; the Spectrum Innovation Act will unleash the economic potential of this valuable mid-band spectrum and give us the tools necessary to meet the communications challenges of tomorrow,” she added.

The bill would require that an investigation be launched into even more frequencies within the bandwidth that could potentially be freed up and sold at auction.

A number of industry associations and public advocacy groups praised the bill.

“The Spectrum Innovation Act of 2021 will greatly benefit consumers by making a very large band of prime spectrum available to help fuel the world’s most robust 5G wireless ecosystem,” said Public Knowledge and the Open Technology Institute at New America in a joint statement.

“We commend Chairman Doyle and Representative Matsui for taking a holistic approach that recognizes the value of making spectrum available both by auction and through shared use by smaller broadband providers, schools, critical infrastructure and literally thousands of individual enterprises on a local basis. This is the policy framework for mid-band spectrum that is most likely to spur 5G competition and innovation, while also ensuring that critical military radar systems can continue to use the band without undue risk of harmful interference.”

The NCTA — Internet and Television Association and the Cellular Telecommunication and Internet Association also came out to voice support for the bill.

Spectrum

FCC Votes to Preserve Parts of 12 GHz Spectrum Band for Satellite Use

In light of technical evidence, the FCC has voted to preserve 12.2-12.7 GHz band for satellite purposes.

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Photo of FCC Commissioners Nathan Simington, Brendan Carr, Jessica Rosenworcel, Geoffrey Starks (left to right)

WASHINGTON, May 18, 2023 – The Federal Communications Commission voted in an open meeting Thursday to preserve parts of the 12 GHz spectrum band for advanced satellite service.

The FCC adopted rules to preserve spectrum in the 12.2-12.7 GHz band for satellite services by refusing to authorize two-way, high-powered terrestrial mobile use on the same band due to the significant risk of harmful interference to existing satellite services.  

“In 12.2 we are correcting course in response to technical evidence,” said FCC Commissioner Geoffrey Starks in his comments. “Based on the studies filed, our engineers have concluded to date that high-powered mobile broadband when deployed throughout the country will interfere with established and emerging satellite services that serve millions of customers and is growing.” 

“I would have welcomed a path forward that allowed both services to thrive, but for now, it is time for us to adapt,” he concluded. 

The FCC also adopted a proposal to repurpose some or part of the 12.7-13.25 GHz band to support flexible terrestrial wireless use and is seeking comment regarding the action. 

Starlink, SpaceX’s satellite broadband service provider said in a letter to the FCC earlier this month that it appreciated that the proposal to reject the use of high-powered mobile operations in the 12.2-12.7 GHz band would be considered.  

The company has raised alarm for years about potential interference issues if the commission opens the band to mobile use.  

RS Access said in a letter to the FCC that the band is compatible with both mobile and satellite operations. The letter suggested that the FCC “tentatively conclude” that high-power fixed operations are compatible with other “co-primary operations.” 

The company’s CEO, Noah Campbell, issued a statement following the FCC’s Thursday decision stating that he “welcomes the FCC’s unanimous and bipartisan vote on how to enable valuable consumer services in the 12 GHz band.”

Chairwoman Jessica Rosenworcel concluded her remarks with a plea for Congress to reauthorize spectrum auction authority to the FCC, which expired in March for the first time in its history. 

“Restoring this authority will provide the United States with the strongest foundation to compete in a global economy, counter our adversaries’ technology ambitions, and safeguard our national security,” she said. 

Continued crackdown on illegal robocalls and more flexible rules for 60 GHz spectrum

The FCC also approved and adopted new rules to further expand its robocall blocking requirements for voice carriers. The new rules will extend several call blocking requirements to include voice service providers that are not currently covered by FCC rules. 

In November, the FCC ruled that straight-to-voicemail robocalls will be subject to the 1991 Telephone Consumer Protection Act’s consumer protections. The FCC has focused its energy over the last few years on eliminating robocall activity in the United States. 

“Today we build on these efforts by clarifying some of our rules designed to put a halt to illegal robocalls. We make clear that all carriers have a duty to respond to traceback requests in 24 hours so we can figure out who is behind any new rash of illegal robocalls,” said Rosenworcel in a statement.  

According to a Federal Trade Commission report, U.S. consumers reported a total of $798 million lost to fraud via phone call in 2022.  

The FCC also adopted new, more flexible rules for the 60 GHz spectrum band to support innovative radar technology, which include important applications that alert drivers to children left in hot cars, detect hand gestures to improve mobility, and assist drones in construction and emergency rescue, among other applications. 

“Welcome to the radar revolution. It is no longer just for tracking planes and measuring weather patterns. That’s because we are on the cusp of deploying radar technology for a much wider range of uses,” said Rosenworcel. “In this decision, we are updating our approach to the 60 GHz band. We are modernizing it so that it can be used to its full potential.” 

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Spectrum

Wireless Providers Urge Congress to Move on FCC Spectrum Auction Authority

Small wireless carriers urge Congress to give FCC authority to auction spectrum.

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Screenshot of FCC meeting

WASHINGTON, May 15, 2023 – A group of small and regional wireless carriers urged Congress to reinstate the Federal Communications Commission’s spectrum auction authority in a letter sent to the hill on Thursday. 

“We urge Congress to swiftly act to reinstate the FCC’s authority to auction spectrum,” read the letter. “We depend on auctioned and licensed spectrum to offer the communities we serve the latest wireless innovations and secure and reliable service.” 

By allowing the FCC’s authority to lapse, continued the letter, Congress has “jeopardized our country’s wireless leadership and the benefits of wireless connectivity in rural, regional, and nationwide markets.” 

For the first time in its history, the FCC’s spectrum auction authority lapsed on March 9 following Congress’ inaction to pass a bill that would extend the agency’s authority. The authority to auction spectrum was first given to the FCC in 1994 and the agency has since hosted over 100 auctions and raised more than $233 billion in revenue.  

“For three decades, the FCC’s authority to auction the nation’s airwaves has been an indispensable tool for harnessing the promise of new wireless technologies while also spurring economic growth, creating jobs, and strengthening our national security and global leadership,” wrote Chairwoman Jessica Rosenworcel in a statement following the expiration. 

The Senate failed to act on a bill passed by the House in February that would extend the FCC’s authority to May 19 when Senator Mike Rounds, R-South Dakota, and Mazie Hirono, D-Hawaii, proposed the deadline be pushed back to September 30 instead.  

Rounds and Hirono argued that the date change would allow the Department of Defense and the National Telecommunications and Information Administration to complete a study on the impact of repurposing government spectrum for commercial use. 

Senator Peter Welch, D-Vermont, objected to the data change, claiming that it would prove a disincentive to a swift agreement on behalf of consumers. The delay in passing the bill sparked frustration in the House. 

“We are disappointed that the Senate has not acted to [pass the bill] because of the objections of one Senator, and that the FCC’s authority to issue spectrum licenses will expire for the first time ever as a result,” read a statement issued by Representatives Frank Pallone, D-New Jersey, Cathy Rodgers, R-Washington, and others. 

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Spectrum

FCC Urges Lawmakers to Extend Spectrum Auction Authority

The FCC’s spectrum auction authority expired in March.

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The four commissioners of the FCC

WASHINGTON, April 19, 2023 – The leaders of the Federal Communications Commissions have urged lawmakers in a letter Tuesday to extend the agency’s spectrum auction authority with urgency before the World Radiocommunication Conference in November.

“Restoring this authority will provide the United States with the strongest foundation to compete in a global economy, counter Chinese technology leadership ambitions, and safeguard our national security,” said the letter, signed by the chairwoman and her three commissioners. “Importantly, the United States cannot afford to wait.”

“The global community will soon convene for another World Radiocommunication Conference to determine the future of spectrum policy, and we must send a strong signal in advance of that meeting of our continued commitment to lead in coming generations of wireless technologies,” added the letter.

The letter is addressed to Cathy McMorris Rodgers, R-Washington, chair of the House Energy and Commerce, and Frank Pallone, D-N.J., ranking member on that committee; Maria Cantwell, D-Washington, chair of the Senate Committee on Commerce, Science and Transportation, and Ted Cruz, R-Texas, ranking member of that committee.

The commission’s authority to auction the airwaves essential for the deployment of wireless technologies had expired in March for the first time in its thirty-year history. The authority was briefly extended a couple of times before that.

“In previous years, Congress has always acted to extend the Commission’s auction authority without interruption,” the letter added. “We look forward to working with you now to ensure the speedy enactment of legislation reauthorizing the Commission’s spectrum auction program, so that we can once again use this authority in service of consumers, businesses, and national security.”

Lawmakers, including Rodgers and Pallone, expressed disappointment with the Senate days after the expiry in March for failing to move legislation passed in the House that would have extended the authority to May 19.

It stalled in the upper chamber due to objections over the length of the authority extension to allow for the completion of a Department of Defense and National Telecommunications and Information Administration study on repurposing government spectrum for commercial use.

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