Sen Kennedy: Litigation Looms Over Pai's 5G Airwaves Choice

Sen John Neely Kennedy (R-LA), the top Senate appropriator overseeing Federal Communications Commission funding, will bring in FCC Chairman Ajit Pai for a hearing Oct 17 to grill him about whether the agency will run its own, likely slower, auction of the 5G airwaves known as the C-band or, as Sen Kennedy fears, allow the satellite companies holding the spectrum to conduct a private sale. “They say we’ve got to do a private deal because it’ll be faster,” said Sen Kennedy. “You ever heard of courts? Duh, you don’t think anybody’s going to file suit over this? Any Tom, Dick, Harry, John or Julie can figure that one out.”

Sen Kennedy plans to challenge the FCC on its speed: “Maybe we need to fire somebody over there and find somebody who can do an auction sooner than six or seven years,” he said. “I just think this thing stinks.” Although Senate Commerce Committee leaders have challenged Kennedy’s authority on this issue, he said that as head of the FCC budget, it’s within his purview and welcomed Senate Commerce leaders to attend his hearing (he also included nonbinding appropriations report language pushing the FCC to hold a public auction, which Senate appropriators approved in Sept 2019). If the FCC decides to go forward with a private deal, Sen Kennedy predicted not only litigation but also public anger: “I think the American people are going to lose a lot of money! I think they’re going to get screwed, blued and tattooed.”