Auctions

President Joe Biden signed Sen. John Kennedy’s (R-LA) 5G Spectrum Authority Licensing Enforcement (SALE) Act into law. The legislation will require the Federal Communications Commission (FCC) to release previously auctioned spectrum to expand 5G broadband access to rural communities. The US Senate passed Kennedy’s legislation in September 2023, and the House of Representatives passed Kennedy’s legislation in December.

On December 11, 2023, the House of Representatives passed Sen. John Kennedy’s (R-LA) 5G Spectrum Authority Licensing Enforcement (SALE) Act. The bill would require the Federal Communications Commission to release previously auctioned spectrum in order to expand broadband access to rural communities. The US Senate passed Kennedy’s legislation in September 2023. The 5G SALE Act would temporarily grant the FCC auction authority it needs to complete spectrum transfers, which would allow broadband services to provide greater 5G network coverage to Americans in rural areas.

The Consumer Electronics Show 2024 is just around the corner, and while telecommunications executives were eager to shout about 5G to the rafters just a few years ago, you’ll probably be lucky to hear so much as a whisper about it this time around. While it’s true that 5G has actually arrived, the fantastic use cases we heard about years ago haven’t materialized. But deploying 5G at the breakneck speeds required to win an imaginary race resulted in one fewer major wireless carrier to choose from and lots of debt to repay.

Two top executives in the 5G industry renewed calls for more spectrum for commercial uses just weeks after the Biden administration released a 26-page national spectrum strategy. AT&T CEO John Stankey and Verizon's top networking chief, Joe Russo, both said that companies need access to more spectrum in order to innovate and grow the industry. Critics of President Joe Biden, including Federal Communications Commissioner Brendan Carr, argue that his administration hasn't done enough to support the 5G industry.

AT&T CEO John Stankey spoke at a Semafor event on October 10 to discuss barriers to greater adoption of broadband in the US, and the conversation ended up focusing heavily on spectrum. “You want more competition and resiliency in broadband in the United States, you need deep spectrum,” he said. “The United States is not in an enviable position right now for the next 10 years relative to some other developed nations.” He then proceeded to touch on a lot of hot buttons in the wireless industry.

As new spectrum based services come online, the demand for spectrum has increased significantly. At the same time, greenfield spectrum to meet these needs is becoming more scarce, and clearing government and other incumbent users from currently-allocated spectrum has become more challenging.

The Federal Communications Commission is seeking further comment on the 5G Fund for Rural America to reignite the FCC's plan to expand the deployment of 5G service to rural communities that remain trapped on the wrong side of the digital divide.

The Department of Justice (DoJ) supports Dish Network’s request for more time to buy 800 MHz spectrum licenses from T-Mobile but says seven more months is sufficient rather than the ten months that Dish had requested. In a September 18 filing with the US District Court for the District of Columbia, the DoJ said a modest extension of the deadline for Dish to acquire the spectrum licenses will serve the competition goals of the final judgment that enabled Sprint to merge with T-Mobile. The DoJ referred back to a 2013 petition that T-Mobile filed with the Federal Communications Commission when

Senator John Kennedy (R-LA) introduced the 5G Spectrum Authority Licensing Enforcement (SALE) Act to require the Federal Communications Commission to release previously auctioned spectrum in order to expand 5G broadband access to rural communities. The legislation would temporarily grant the FCC auction authority so that it may complete spectrum transfers and allow broadband services to provide 5G network coverage to Americans in rural areas. Kennedy’s legislation would grant the FCC a one-time, temporary authority to issue licenses purchased in auctions that were held before March 9, 2023

T-Mobile won thousands of 2.5GHz spectrum licenses around the US in a Federal Communications Commission auction that ended in 2022. But the FCC would face "criminal penalties" if it gave T-Mobile its 2.5GHz license winnings. FCC Chairwoman Jessica Rosenworcel explained that the FCC's "auction authority" expired in March and so far has not been renewed by Congress, which means the agency no longer has the regulatory authority to issue spectrum licenses.