Spectrum

A federal court has upheld the Federal Communications Commission's determination that Dish had de facto control over AWS-3 winning bidders SNR and Northstar.

The FCC denied designated entity (DE) bidding credits to the companies—some $3.3 billion worth—which would have lowered the bid to $10 billion, after which the companies said it could not pay for all of the licenses, paying full price for some and turning back others, which the FCC allowed them to do. "Under the totality of the circumstances, we believe that the FCC acted reasonably and consistently with its Wireless Bureau’s decisions when it held that Dish had de facto control over SNR and Northstar," wrote Judge Cornelia Pillard in the decision, which was rendered by a three-judge panel of Judges Pillard and Janice Rogers Brown and senior Circuit Judge Stephen F. Williams.

But the court also found that the FCC did not give those companies sufficient notice that, if their relationship cost them the credits, the FCC would not give them a change to cure that de facto control.

In the 2007 700 MHz Second Report and Order, the Commission adopted rules for relicensing of 700 MHz Lower A, B, and E Block, and Upper C Block spectrum that is returned to the Commission’s inventory as a result of licensees’ failure to meet applicable construction requirements. The Commission set forth the overall rules and policies for the relicensing process and delegated authority to the Wireless Telecommunications Bureau (Bureau) to implement those rules and policies. To the extent the 700 MHz Second Report and Order and other Commission rules set forth elements of the relicensing process, we cite to those rules, and, by this Public Notice, otherwise seek comment on the Bureau’s proposed approach to the remaining elements of the process, including the respective costs and benefits of the various proposals.

The TV white spaces (TVWS) debate is cranking back up again thanks to a proposal that recommends that the Federal Communications Commision set aside three 6 MHz-wide TVWS channels for unlicensed use in every market across the country. The economic argument for broadband connectivity is undisputed and obvious: Without broadband connectivity, businesses can’t compete, and it’s more difficult for consumers to access critical educational, healthcare and governmental services. Today, approximately 34 million Americans currently lack basic broadband access, according to the FCC—and the majority of them, about 24 million, live in rural areas that simply do not have infrastructure in place to enable it.

To address the gap, strategies for making inexpensive unlicensed spectrum available to ISPs have been a cornerstone of the FCC’s plan to bridge the digital divide. The FCC previously ruled that the 600 MHz duplex gap between 652-663 MHz and Channel 37 would be not be sold to wireless carriers and would be available on an unlicensed basis, once the recent TV spectrum incentive auction was over—given that that broadcasters would be vacating that real estate. The FCC also has an unfinalized notice of proposed rulemaking that would reserve an additional 6 MHz channel in each broadcast market for unlicensed use, at 54-608 MHz. It’s the future of this last band that’s at stake. A bipartisan coalition of 43 Congressional representatives asked the FCC earlier this summer to reserve at least three TV white space channels in the 600 MHz band to support rural broadband deployments—a plan first proposed by Microsoft.

It may take much longer for wireless carriers to deploy services on their new 600 MHz spectrum than previously thought. Bidders committed more than $19.63 billion for TV broadcasters’ airwaves during the Federal Communications Commission’s incentive auction, which ended last spring, with T-Mobile leading the way by spending $8 billion on 600 MHz licenses.

Operators have repeatedly urged the agency to stick to the 39-month repacking plan it has allotted to reshuffle TV broadcasters’ airwaves for wireless use to avoid interference problems as the spectrum is redeployed. But clearing those airwaves for wireless use may actually take twice that long, Robert Gutman of Guggenheim Equity Research wrote this week, citing a recent report from Inside Towers. “As part of the 600 MHz auction, broadcasters have 39 months to move the antennas needed for the television channel repack. However, Vertical Technology Services (a Maryland provider of tower services) estimates that only 14 crews are qualified for the work,” Gutman said in a note to investors. “As such, Kevin Barber, CEO of Tower King II, believes the repack could take five to seven years. If this estimate is correct, it means the towers may not benefit from the rollout of 600 MHz in the immediate future.”

The National Association of Broadcasters is firing back at a letter from tech executives who wrote the Federal Communications Commission in support of reserving broadcast band channels, so called "white spaces," for unlicensed device use. A group of tech company execs banding together as Voices for Innovation Aug 22 raised their voices in support of a proposal by Microsoft that the FCC reserve channels in the white spaces of the broadcast TV band for unlicensed devices as a way to promote rural broadband deployment. NAB is no fan of the plan, and made that clear in its response to the tech exec letter on TV white spaces. That letter talked up the use of the unlicensed spectrum to get broadband to 34 million more homes. Broadband deployment is a signature issue for the FCC under new chairman Ajit Pai.

A startup that wants to build a mobile data network to fuel the Internet of Things is trying to convince regulators to let it use crucial airwaves. It's the second time the company, now called Ligado Networks, has fought this battle. Its previous iteration, backed by Phil Falcone and called LightSquared, hit a dead-end 5 years ago. Now it's back with a new name, lots of money and well-connected allies as it tries to strike gold with connected devices, which it says it can serve using a combination of satellite airwaves and traditional spectrum — creating a sort of hybrid network. If successful, Ligado could become an important Internet of Things player and produce a big payout for big-name investors like Centerbridge Partners, Fortress Investment Group and J.P. Morgan Chase (the industrial Internet of Things market could be worth $110 billion by 2020, according to estimates).

But Ligado's years-long corporate drama shows the risks involved in making bets on technologies that hinge on regulatory approval. FCC Chairman Ajit Pai hasn't tipped his hand, and there are no indications that a decision is imminent. "We have no update to provide that this point. We're studying the issue," he said recently, adding the agency is listening to all stakeholders. But Ligado is on the clock: it was reported earlier in 2017 that the company was working with bankers to explore a possible sale or find another investment.

[Commentary] A new Broadband Access Coalition of internet service providers has joined forces with consumer, schools and health care advocacy groups to petition the Federal Communications Commission to open up the airwaves for spectrum best suited to a new, superfast broadband service for the whole of America.

This new approach does not rely solely on fiber, which is costly and difficult to deploy, but instead harnesses wireless broadband. This technology can be deployed at up to one tenth the cost of laying new fiber cabling to homes, with far fewer disruptions and project delays. It can also bring new superfast Wi-Fi services to areas that have no or little choice over their broadband provider. 94 percent of our internet traffic traverses Wi-Fi and home or business broadband connections – not more expensive cellular airwaves. The coalition’s petition proposes to open up new wireless spectrum for improving broadband services cost-effectively. This spectrum can provide great coverage in underserved rural areas, and can stimulate new competitive Internet Service Providers to enter the market and connect dense suburban areas. Unfortunately, the mobile industry is lobbying to secure this new spectrum band for its own exclusive use. The new wireless approach means consumers no longer have to be tethered to any physical infrastructure. Unlike challenging other traditional utilities, action doesn’t require consumers to overhaul their homes – all they have to do is make their voices heard.

[Fink is the CPO and Co-Founder of Mimosa Networks]

At a recent panel convened by the Wireless Future Project at New America, Ellen Satterwhite, of the American Library Association, noted that 40 percent of libraries cannot meet the minimum speed requirements set by the Federal Communications Commission (100Mbs for small libraries and 1Gbs for large ones) because of high costs or lack of access. We need only look at Idaho to get a glimpse of this absurd pricing: One library there pays $1000 per month for 5Mb service, while another pays $650 per month for 40Mb service.

So how can we ramp up connectivity in these areas? One potential solution that has shown promise is fixed wireless internet. This, in a nutshell, involves beaming internet access from a broadcasting tower directly into people’s homes via a small receiver on their roof. These sorts of point to multi-point (P2MP) fixed wireless services are becoming increasingly popular, particularly in Middle America, in part because of the relative ease of deployment and the ability to provide gigabit-level speeds. You might be wondering, then, how we can encourage fixed wireless. At the panel, advocates and industry leaders discussed the possible benefits of expanding, or sharing, wireless spectrum access in the 3.7-4.2GHz band to wireless internet service providers, or WISPs. This would be a boon to rural WISPs like Jeff Kohler’s Rise Broadband. Kohler noted that companies like Rise are starting to “feel the squeeze” on the spectrum they’re currently allowed to operate on. He also noted that the cost per customer is considerably less as well, often being roughly $250 for someone using fixed wireless, where the average rural fiber consumer could be upwards of $1,000. In fact, the overall cost of deploying “wireless fiber” for his company was roughly one-tenth of the price of standard fiber.

The Federal Communications Commission has accepted another batch of applications from winning bidders in the forward portion of the broadcast incentive auction. Those are bidders for broadcast spectrum being reclaimed for wireless broadband. The big players' applications have already been accepted and the licenses granted, including the biggest bidder, T-Mobile, but this is the third batch of applications to be accepted, with more to come. Petitions to deny the applications are due by Aug. 21, with oppositions to those petitions due Aug. 28 and replies due Sept. 5. The granted applications are from Bluewater Wireless, Gold Spectrum LLC, James Hulce, James McCotter, Nex-Tech Wireless, Nova Wireless, PBP License Group, Pioneer Telephone Service, Rural Telephone Service, Sagebrush Cellular, SI Wireless, Spectrum Financial Partners, and Tradewinds Wireless Holdings.

The Senate approval by unanimous consent of the (S. 19), a bill they introduced to boost the development of next-generation gigabit wireless broadband services, including 5G, by ensuring more spectrum is made available for commercial use and by reducing the red tape associated with building broadband networks. Elements of :

Making 500 megahertz available: A 2010 executive order set a goal of making available 500 MHz of federal spectrum for private sector use by 2020. The makes that goal the law.
Speeding up 5G infrastructure: Next-generation gigabit wireless services, like 5G, will rely on smaller and more numerous antenna and infrastructure systems than current cellular technology. Federal agencies would have a new obligation to make decisions on applications and permit requests for placing wireless infrastructure on federal property in a timely and reasonable manner.
Spectrum assessments: The bill directs the Federal government to conduct assessments of spectrum in the 3 GHz band and in the millimeter wave frequencies to determine whether authorizing licensed or unlicensed wireless broadband services in those bands is feasible, and if so, which frequencies are best suited for such operations. Frequencies totaling more than 13 gigahertz of bandwidth will be studied, most of which are in the millimeter wave frequencies that will be critical for next-generation wireless networks, including 5G mobile networks.
Dig once: The Act facilitates adoption of safe and efficient “dig once” policies by states. Dig once is the idea that a single conduit through which all broadband wires can be run should be laid in the ground at the same time as other below-ground infrastructure work, like highway construction. Dig once can reduce costs for deployment of broadband infrastructure.
National broadband facilities asset database: The bill creates a central, online inventory of federal government property assets available or appropriate for private-sector deployment of broadband facilities. Such information includes the location of buildings and points of contact for siting applications. State and local governments would be permitted to voluntarily submit information about their assets to the inventory.
Reallocation incentives: The Commerce Department would be directed to issue a report within 18 months on additional legislative or regulatory proposals to incentivize Federal entities to relinquish or share their spectrum with non-federal spectrum users.
Immediate transfer of funds for agencies: The accelerates the relocation of Federal entities by allowing existing Spectrum Relocation Fund balances to be transferred to agencies for transition efforts immediately upon completion of an auction, rather than after the actual receipt by the Fund of auction proceeds. By immediately executing their transition plans, agencies would reduce their timelines to vacate, potentially increasing auction proceeds due to the value of accelerated access to the auctioned bands.