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OBBB: A spectrum pipeline and FCC auction authority

CTIA
Regulation & LegislationTechnology & InnovationFiscal Policy & BudgetInfrastructure & DefenseTax & TariffsAntitrust & CompetitionGeopolitics & War

A recently passed bill restores the FCC's spectrum auction authority, targeting at least $85 billion in revenue by mandating the identification of 800 MHz of spectrum and the near-term auction of 300 MHz, including 100 MHz of C-Band within two years, alongside the reallocation of 500 MHz from federal holdings. This legislation aims to significantly expand commercial spectrum for wireless innovation and 5G deployment, but notably omits protections for CBRS and 6 GHz bands, raising concerns among wireless internet service providers (WISPs) about potential disruption to existing rural broadband services.

Analysis

A new bill restores the Federal Communications Commission's (FCC) spectrum auction authority, which had lapsed in 2023, and establishes a significant pipeline for future wireless development. The legislation mandates the identification of at least 800 megahertz of spectrum for commercial use and sets a near-term goal of auctioning 300 megahertz, with an ambitious revenue target of at least $85 billion. A key provision is the requirement to auction 100 megahertz of upper C-Band spectrum within two years, a move strongly supported by major mobile network operators represented by CTIA, which praised the bill as a "historic milestone." However, the legislation creates considerable uncertainty for other segments of the market by failing to protect the Citizens Broadband Radio Service (CBRS) band and the 6 GHz unlicensed spectrum from being included in future auctions. This omission has drawn sharp criticism from organizations like WISPA, which represents smaller wireless internet providers that rely on these bands to deliver broadband to rural and underserved communities. These providers now face the risk that the spectrum central to their operations could be auctioned off, potentially undermining their business models and prior investments, despite any benefits from the bill's tax provisions.

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