Spectrum

A bicameral group of lawmakers sent a letter to Federal Communications Commission Chairwoman Jessica Rosenworcel urging the FCC to consider more ways to advance Native communities’ access to and ownership of spectrum over their lands. It was recently estimated that nearly a third of Tribal lands in the United States lacked internet access. Over 1.5 million people living on Tribal lands lack access to broadband services. The COVID-19 pandemic has only exacerbated this disparity, limiting access to telemedicine, virtual and remote learning, and public safety programs, among other services.

The Senate Commerce Committee's Subcommittee on Communications, Media, and Broadband held a hearing entitled Future of Spectrum to examine the management of spectrum. The Federal Communications Commission's spectrum auction authority is set to expire at the end of September. Congress has a unique opportunity to set future spectrum priorities and coordination goals to encourage efficient spectrum use. The hearing aimed to examine important policy considerations to ensure spectrum is utilized for the greatest benefit to the public.

The Federal Communications Commission and the National Telecommunications and Information Administration announced an updated Memorandum of Understanding between the agencies on spectrum coordination. This marks the first time the MOU has been updated in nearly twenty years. The revised MOU, signed by FCC Chairwoman Jessica Rosenworcel and Assistant Secretary of Commerce for Communications and Information and NTIA Administrator Alan Davidson, will strengthen cooperation and collaboration between the agencies and help advance a whole-of-government approach to how we use and manage one of the

One of the biggest surprises in the rules that the National Telecommunications and Information Administration (NTIA) issued for the $42.5 billion Broadband Equity Access and Deployment (BEAD) rural broadband funding program was the agency’s definition of “reliable broadband”—at least with regard to fixed wireless. While fixed wireless using “entirely licensed spectrum or a hybrid of licensed and unlicensed spectrum” was considered “reliable,” fixed wireless “relying entirely on unlicensed spectrum” was not.

The House of Representatives passed three communications and technology bills:

The Spectrum Innovation Act of 2022 (HR 7624) would modify and extend the authority of the Federal Communications Commission to auction licenses for the commercial use of the electromagnetic spectrum and authorize certain federal agencies to spend some auction proceeds without further appropriation. The Congressional Budget Office estimates that enacting the bill would reduce net direct spending by $2.5 billion over the 2022-2032 period. Outlays after 2032 would increase by approximately $2.4 billion.

The private investment company WCO Spectrum has been a thorn in the side of T-Mobile for the past year or more. WCO has been reaching out to educational institutions that own 2.5 GHz licenses and who lease that spectrum to T-Mobile. The investment firm has been offering to purchase those licenses, while T-Mobile has fought these transactions tooth and nail. WCO Managing Partner Carl Katerndahl said WCO has been involved in 13 transactions, but T-Mobile used its right-of-first-refusal to buy the spectrum in 10 of the deals.

In New York City (NY), students without broadband access face additional challenges given the reduced number of parking lots and places more rural students have been forced to go to get wi-fi during the pandemic. “A number of donors offered to help fund initiatives to extend Wi-Fi,” remembers Garfield Swaby, vice president for information technology at the New York Public Library. But Swaby knew Wi-Fi wasn’t the answer. “I don’t know if it would be able to get off the sidewalk,” he said.

The Federal Communications Commission voted to create a new Enhanced Competition Incentive Program (ECIP) to establish incentives for wireless licensees to make underutilized spectrum available to small carriers, Tribal Nations, and entities serving rural areas. The new program encourages licensees to partition, disaggregate, or lease spectrum to better match available spectrum resources with entities that seek to provide needed services to under-connected communities.

The Federal Communications Commission's Wireless Telecommunications Bureau waives the Tribal-specific interim and final performance deadlines of the FCC’s rules for all 2.5 GHz Rural Tribal Priority Window licensees to afford them flexibility as they complete their deployments. All Tribal Window licensees will instead be subject to the generally applicable performance deadlines for all other 2.5 GHz licenses initially granted after October 25, 2019. As such, Tribal Window licensees must make an interim showing within four years of initial license grant and a final showing within eight years