The FCC’s Spectrum Frontiers proceeding, which is focused on making millimeter wave (“mmW”) spectrum available for flexible commercial mobile and fixed use, seems poised to move into a new phase even as the current phase is playing out. At its next meeting on December 12, 2018, the agency will vote on rule changes to facilitate a consolidated auction of spectrum in three spectrum ranges designated in 2016 and 2017 for flexible mobile and fixed use:  the so-called Upper 37 GHz Band (37.6-38.6 GHz), the 39 GHz Band (38.6-40.0 GHz), and the 47 GHz Band (47.2-48.2 GHz). The FCC reportedly anticipates completing the auctions by the end of 2019, following the present auction of 28 GHz Band licenses (in 27.50-28.35 GHz) and the immediately-following auction of 24 GHz Band spectrum (in 24.25-24.45 and 24.75-25.25 GHz). A draft order has been made available to the public.

Of particular interest, the recently released draft item would lay the groundwork for the FCC’s second incentive auction (after the “inaugural” broadcast incentive auction completed in March 2017). A 39 GHz incentive auction would be structured quite differently than the 600 MHz broadcast incentive auction and attempt to reduce encumbrances in the 39 GHz Band by offering existing licensees the option to relinquish their licenses in exchange for payment. The FCC leadership appears bullish that the three auctions will draw significant interest from major service providers looking to support next-generation applications, including 5G wireless connectivity and the Internet of Things. Naturally, the first-in-time 24 and 28 GHz auctions may give some sense in advance of that interest. Through November 26, 2018, after 18 rounds, the 28 GHz Band auction had generated under $200 million in bids, albeit that spectrum is encumbered in many of the largest markets and in slightly more than 50% of all counties nationwide, including the most populous. The 24 GHz Band auction may prove a much better test of the appetite for participants to pay high prices for so-called “high band” spectrum.

Continue Reading FCC Issues Draft Order on Next Spectrum Frontiers Auction

Two years after the first Spectrum Frontiers report and order, the Federal Communications Commission (“FCC” or “Commission”) is completing the final set of preliminaries before commencing the first mmW auction. With the release of a draft Public Notice (“Notice”) on July 12, 2018, the Commission gave a sneak preview of the application and bidding procedures for upper microwave flexible use service (“UMFUS”) licenses in the 28 GHz and 24 GHz band. The Commission will vote on these procedures at its next Open Meeting, scheduled for August 2, 2018. The auction will be an important milestone in the Commission’s efforts to make high band spectrum available for next-generation applications, including 5G wireless connectivity.

Continue Reading FCC Poised to Adopt Procedures for First Set of Spectrum Frontiers Auctions (24 and 28 GHz) and Tee up Another (37, 39, and 47 GHz)