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President Biden Signs Law Giving FCC Limited Authority Over Spectrum Licenses

Under the 5G SALE Act, the FCC will be able to issue 8,000 licenses purchased before its spectrum auction authority expired in March.

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Photo of Joe Biden in 2020 by Stingray Schuller.

WASHINGTON, December 20, 2023 – President Joe Biden signed the 5G SALE Act into law on Tuesday, giving the Federal Communications Commission authority to issue spectrum licenses purchased before March 9, 2023.

That’s when the commission’s ability to auction electromagnetic frequency bands for commercial use lapsed after Congress failed to renew the authority for the first time since 1993. The expiration left 8,000 purchased, but not yet officially issued, licenses in the 2.5 gigahertz band in limbo.

Tuesday’s stopgap measure will allow the FCC to issue those licenses, opening the door for purchasers to use the spectrum to expand 5G mobile networks.

The commission is still unable to hold new auctions and allocate more frequency bands. FCC commissioners and telecommunications providers have been pushing Congress to fully reinstate the agency’s authority, as emerging wireless technologies and expanding networks compete for finite airwaves.

“We badly need Congress to restore the agency’s spectrum auction authority,” FCC Chairwoman Jessica Rosenworcel testified to House members at a recent oversight hearing. She and other commissioners supported the 5G SALE Act at the hearing

Efforts to extend the authority have fallen flat on Capitol Hill as lawmakers struggle to reach an agreement on the duration of the restoration and on specific bands to tap for auction. The March expiration came amid concerns over the results of a Defense Department study on sharing the government’s 3.1-3.45 GHz band with commercial users, with holdouts wanting to wait for the study to be completed before granting blanket authority.

National Telecommunications and Information Administration head Alan Davidson told Congress on December 5 that the study found no current avenues for commercial use in the band, potentially complicating a House bill that would reinstate auction authority for three years. The bill stalled after clearing the Energy and Commerce Committee in May, and would potentially allow auctions in the band. 

T-Mobile is set to receive the lion’s share of the newly available licenses. It spent over $300 million on 7,156 licenses in the band to expand its networks into rural areas.

The Biden administration unveiled in November a strategy to free up spectrum, directing the NTIA to study 2,800 MHz for future use over the next two years. That includes the lower 3GHz band blacked by the DoD, with the agency focusing on ways to open the band in the future, including moving government systems to other frequencies.

The commission will need its auction authority reinstated to allow commercial use of any bands those studies identify.

Reporter Jake Neenan, who covers broadband infrastructure and broadband funding, is a recent graduate of the Columbia Journalism School. Previously, he reported on state prison conditions in New York and Massachusetts. He is also a devoted cat parent.

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CES 2024: NTIA and House Commerce Weigh in on Spectrum Policy

Reinstating FCC auction authority is the ‘number one priority’ of the Energy and Commerce Committee Chair.

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Photo of the panel by Jake Neenan

LAS VEGAS, January 12, 2024 – A senior National Telecommunications and Information Administration advisor and the chief lawyers for both Democratic and Republican sides of the House Subcommittee on Communications and Technology talked about their spectrum policy priorities on Thursday at CES.

The group touted U.S. wins at the World Radiocommunication Conference in Dubai, as well as lawmakers’ goals for spectrum auction authority heading into 2024.

World Radio Congress

Going into the conference, in which representatives from around the world meet to coordinate spectrum usage, “the 6 GigaHertz (GHz) issue was the top priority of the U.S. government,” said Phil Murphy, a senior advisor at the NTIA.

The band was set aside in 2020 by the Federal Communications Commission for unlicensed use in the United States, but some countries like China wanted to see some of the band tapped for 5G mobile use, Murphy said.

The U.S. delegation was ultimately able to deliver in December: the conference decision set aside 700 MegaHertz (MHz) for mobile, but left the door open for regulatory agencies to approve unlicensed use throughout the band.

That’s a win for the American Wi-Fi industry: the Wi-Fi alliance announced its official Wi-Fi 7 certification on Monday ahead of the tech conference. The new generation supports wider spectrum channels and multi-link operation, both of which will make use of the 1,200 MHz of real estate in the 6 GHz band.

“We’re really excited by the results,” Murphy said. “We’re really excited to see 6 GHz moving forward, not just here in the United States, but in other parts of the world as well.”

Auction authority

The Federal Communications Commission’s authority to auction and issue licenses for the commercial use of electromagnetic spectrum expired for the first time in March 2023. That’s not an issue for technologies like Wi-Fi, which don’t require such licenses to operate in bands set aside for unlicensed use, but it is important for ever-expanding 5G networks and wireless broadband.

“The Chair’s number one priority is to reauthorize the FCC spectrum auction authority that expired in March,” said Kate O’Connor, chief counsel for the Republican majority on the communications and technology subcommittee. “Even if it hasn’t been public, there’s been a lot going on behind the scenes.”

Jennifer Epperson, chief counsel for the Democratic side of the subcommittee, and Murphy, the NTIA advisor, agreed on the importance of the issue. 

“I think reauthorizing the FCC’s spectrum auction authority is a priority for the administration as well,” he said. “There’s probably spectrum that the FCC has available to auction right now, but they can’t because they don’t have the authority to do so.”

At a House oversight hearing in November, FCC Chairwoman Jessica Rosenworcel said “I have a bunch of bands sitting in the closet at the FCC,” pointing to 550 MHz in the 12.7-13.25 GHz band as spectrum the agency could go to auction with “relatively quickly.”

Efforts at blanket reauthorization have stalled publicly since a bill cleared the House Energy and Commerce Committee in May, but a stopgap measure allowing the Commission to issue licenses that had been purchased before the lapse was signed into law in December.

“With the funding bills coming up, we’re taking a look and hoping that we can turn this on as soon as possible,” O’Connor said.

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Spectrum

CES 2024: NTIA to Release Spectrum Strategy Implementation Plan in March

The plan will hand down start dates and timelines for the strategy’s goals.

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LAS VEGAS, January 11, 2024 – The National Telecommunications and Information Administration is planning to have an implementation plan for the National Spectrum Strategy in March, a senior agency official said at CES on Thursday.

“We have an implementation plan that’s going to be out sometime in March,” said Phil Murphy, a senior advisor at the NTIA. “We’re really excited about the next steps.” 

The White House first unveiled the plan in November. It involves studying nearly 2,800 megahertz of spectrum for potential repurposing amid growing commercial demand. The plan also calls for a revamped spectrum pipeline with increased communication between government agencies and the private sector, as well as establishing a testbed for spectrum sharing.

The Biden administration also tasked the NTIA with producing an implementation plan within 120 days, putting the planned March release near the end of the agency’s window.

The implementation plan will, according to the NTIA, set up specific outcomes for each of the strategy’s “strategic objectives.” The plan will also designate responsible parties and set out start dates and timelines for their work.

Those strategic objectives are peppered throughout the strategy document, numbering 12 in total. They include ensuring spectrum resources are available for government and the private sector, developing an evidence-based spectrum allocation methodology, a spectrum research and development plan, and improving policymakers’ understanding of spectrum issues.

The agency took public comments on the implementation plan until January 2.

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Spectrum

CES 2024: More Spectrum and Auction Authority Necessary for 5G

The White House released a long-term spectrum plan in November, but the FCC still lacks auction authority.

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Photo of the panel by Jake Neenan

LAS VEGAS, January 9, 2024 – More spectrum will be necessary to expand 5G mobile networks in the United States, experts said at CES on Tuesday.

“We need to not only open up more spectrum bands, we need to use them as efficiently as possible,” said Chris Lewis, president and CEO of consumer advocacy group Public Knowledge.

Lewis cited as a step in the right direction the National Spectrum Strategy, a plan put forward by the White House in November to study almost 2,800 MHz for potential repurposing and to set up a long-term spectrum planning framework.

Beefing up the nation’s spectrum pipeline, as well as promoting unlicensed use and dynamic spectrum sharing, should be positive for 5G adoption going forward, Lewis said.

The plan “set down the right principles to move forward,” he said.

For all that to come to fruition, the Federal Communications Commission will need its spectrum auction authority renewed, something the Commission has been pushing lawmakers on. Congress let the authority lapse for the first time in March, and efforts to reinstate it have stalled. 

A stopgap measure was passed in December allowing the Commission to issue licenses that had been purchased before the lapse. Those will be used, largely by T-Mobile, to expand 5G footprints.

The World Radiocommunications Conference also tapped in December several hundred megahertz of spectrum for licensed, mobile use globally, part of an effort to help satiate the demand for growing 5G networks.

Some of that has already been reserved for Wi-Fi and other unlicensed use in the United States.

Chris Emmons, vice president of devices and accessories at Verizon, said freeing up more spectrum would allow the company to continue expanding home broadband on its 5G networks. Some states have flagged concerns about the capacity on those networks, as cell traffic is prioritized during congestion, but Emmons said fixed wireless broadband is more adequate on 5G networks than on previous standards.

“Fixed wireless access for consumers has been a dream for a long time,” he said. “There were 3G attempts, there were 4G attempts… There have been a lot of things that people have tried over the years, but we’ve actually seen a fixed wireless solution now that scales successfully.”

“As long as we continue to get the spectrum we need, we will engineer that properly and provide for all these use cases,” Emmons said.

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