Spectrum

Federal Communications Commission Chairwoman Jessica Rosenworcel and Assistant Secretary of Commerce Alan Davidson named staff representatives to participate on each other’s advisory committees. This is a critical component of the FCC and National Telecommunication and Information Administration’s Spectrum Coordination Initiative, under which they are taking actions to strengthen the processes for decision making and information sharing and to work cooperatively to resolve spectrum policy issues.

The House Subcommittee on Communications and Technology held a hearing on spectrum policy entitled "5G and Beyond: Exploring the Next Wireless Frontier." The hearing covered a range of spectrum topics, including the Federal Communications Commission’s authority to conduct spectrum auctions. The FCC’s auction authority, which has been extended several times since originally granted in 1993, is set to expire on September 30, 2022.

Given rapid advancements in the American space sector, we appreciate the Federal Communications Commission (FCC) raising questions about how to update its satellite rules to ensure they keep pace with innovation. With recent efforts by Congress and the FCC’s notice of proposed rulemaking (NPRM), we have an opportunity to continue American leadership in a competitive global satellite marketplace.

Rep Doris Matsui (D-CA) urged Assistant Secretary of Commerce for Communications and Information Alan Davidson to prioritize the important task of reviewing current federal assignments and quantification of spectrum usage within the 7125-8400 MHz (7GHz) band. A National Telecommunications and Information Administration (NTIA) review will be crucial to determining how much of the band could accommodate commercial use. To ensure the United States remains the global pacesetter in wireless communications technology, a reliable pipeline of spectrum is needed.

For those of us in Telecom land, the annual season of Spectrum Wars holds an attraction like no other. 2022 is shaping up to be a major spectacular, with lots of old plotlines coming back (like 5.9 GHz), sleeper issues (like 12 GHz), and an unexpected new dramatic plotline around the Federal Communications Commission’s overall auction authority — and More!

The race to 5G is forcing the world's biggest telecom giants to consolidate. 5G is all about scale; when companies combine, they have more resources and capital to bid on spectrum and build out tools to get ahead. Orange and Masmovil announced they entered exclusive talks to merge their operations in Spain at a valuation of €19.6 billion ($21.7 billion).

T-Mobile is using its considerable legal muscle to try and prevent the terms of its 2.5 GHz spectrum leases from being revealed. This is particularly newsworthy right now because the Federal Communications Commission recently announced it would kick off the process for its Auction 108 in July 2022. Auction 108 is the auction of 2.5 GHz spectrum in the “white-space” gaps in the band that are currently lying fallow.

This paper aims to: 1) outline why the Federal Communications Commission is the appropriate authority to resolve commercial spectrum disputes; 2) outline how the interagency process works and the role the National Telecommunications and Information Administration plays in resolving issues with government spectrum incumbents; and 3) demonstrate the importance of coordination by reviewing a few recent examples of government agencies circumventing this interagency process and the problems that has created.