The Federal Communications Commission took action to make valuable mid-band spectrum in the 3.45-3.55 GHz band available for auction to facilitate 5G deployment across the contiguous US. 2020’s Consolidated Appropriations Act required the FCC to commence a system of competitive bidding for licenses in the 3.45-3.55 GHz band by the end of 2021. The action taken March 17 positions the agency to meet this obligation, and it marks progress towards fulfilling Congress’s directive in the MOBILE NOW Act for the FCC to work with NTIA to evaluate the feasibility of allowing commercial use in the 3.1-3.55 GHz band.

The rules adopted reallocate 100 megahertz of spectrum in the 3.45 GHz band for flexible use wireless services. This Second Report and Order also establishes a framework for the 3.45 GHz band that will enable robust commercial use by an array of service providers, while also ensuring that federal incumbents are still protected from harmful interference where and when they require continued access to the band. Collectively, the 3.45 GHz band and the neighboring 3.5 GHz and 3.7 GHz bands represent 530 megahertz of contiguous mid-band spectrum for 5G, the next generation of wireless services.

The Federal Communications Commission adopted a Notice of Inquiry to start a formal discussion on the opportunities and potential challenges presented by open and virtualized radio access networks, and how the FCC might leverage these concepts to support network security and 5G leadership. The FCC seeks comment on the current status of development and deployment, whether and how the FCC might foster the success of these technologies, and how to support competitiveness and new entrant access to this emerging market.

The Open Radio Access Networks (Open RAN) concept promotes the use of open interface standards in the portion of the telecommunications network that connects wireless devices— like mobile phones—to the core of the network. This can be implemented in vendor-neutral hardware and software-defined technology based on open interfaces and standards. In addition, Open RAN allows disaggregation of the radio access network, which can enable the use of interchangeable technologies that promote network security and public safety. The FCC is seeking input from academics, industry, and the public on what steps are required to deploy Open RAN networks broadly and at scale.
 

I’m excited to discuss Team Telecom and the Federal Communications Commission with you.

• My colleagues and I initiated hearings on March 17 to determine whether we should revoke the US operating authority of two Chinese-owned telecom carriers and their affiliates on national security and law enforcement grounds. In doing so, we relied on recommendations from Team Telecom, which advised us that these companies are ultimately owned and/or controlled by the Chinese government and vulnerable to its exploitation.
• While these actions focus on removing threats within the US, we can’t neglect other important communications areas that are subject to oversight by the FCC and Team Telecom. Team Telecom has recently expressed security concerns about proposals from American tech companies and Chinese telecom carriers for undersea cables connecting our countries.
• Even as the FCC has revoked the authority of Chinese carriers to interconnect with our telecom networks, some of those same entities operate data centers in the US that are not subject to FCC jurisdiction. Currently, the FCC lacks the authority to address this potential national security threat, but as part of any review of our jurisdiction over broadband services generally, the FCC should work with the new Administration and Congress to consider whether the FCC needs broader jurisdiction to tackle this emerging network security issue as well.
• We also need to continue to address the problem of insecure equipment in our networks.
• The FCC should also consider some internal changes. I’ve encouraged the agency to form a national security inter-bureau task force.

California has enacted a “net neutrality” law banning “sponsored data” services that allowed companies to pay for, or “sponsor,” the data usage of their customers who are also AT&T wireless customers. Unfortunately, under the California law we are now prohibited from providing certain data features to consumers free of charge. Prior to California’s law, sponsored data customers were able to browse, stream and enjoy applications from sponsors without using their monthly data allowance.

We regret the inconvenience to customers caused by California’s new “net neutrality” law.  Given that the Internet does not recognize state borders, the new law not only ends our ability to offer California customers such free data services but also similarly impacts our customers in states beyond California. A state-by-state approach to “net neutrality” is unworkable. A patchwork of state regulations, many of them overly restrictive, creates roadblocks to creative and pro-consumer solutions. We have long been committed to the principles of an open Internet. We deliver the content and services our customers want because it’s what they demand, not because it’s mandated by regulation. We also believe Internet access should be available and sustainably affordable to all Americans, and strongly advocate for Congress to adopt federal legislation to make that possible while providing clear, consistent, and permanent net neutrality rules for everyone to follow.

Sens Brian Schatz (D-HI) and John Thune (R-SD) reintroduced the Platform Accountability and Consumer Transparency (PACT) Act, bipartisan legislation to update Section 230 of the Communications Act. The PACT Act will make platforms’ content moderation practices more transparent and hold those companies accountable for content that violates their own policies or is illegal.