FCC Reluctantly Initiates T-Band Reallocation Process; Will Congress Intervene?

Newton's first law of motion states that "[a]n object at rest stays at rest and an object in motion stays in motion with the same speed and in the same direction unless acted upon by an unbalanced force."

The mandate set forth in the "Middle Class Tax Relief and Job Creation Act of 2012" that the FCC reallocate and auction the T-band? An object in motion. Congressional action to prevent that from happening? A much-needed unbalanced force.

Whatever motivated adoption of the T-band auction mandate eight years ago is of little concern today. What matters in 2020 is that first responders in a number of large metropolitan areas, including New York, Los Angeles, Chicago, Philadelphia, and Boston, depend upon the T-band (470-512 MHz) for mission-critical communications.

Also significant: the U.S. General Accountability Office (GAO) reports that, in many of these locations, there may not be alternative spectrum available to which first responders might relocate. And multiple agencies, including the FCC and the National Public Safety Telecommunications Council, have concluded that relocation costs, which could be as high as $6 billion, likely would far outweigh auction revenues.

That is why FCC Chairman Ajit Pai, when he recently renewed his call for federal legislation to repeal the T-band auction mandate, labeled it a "bad idea." Democratic Commissioner Jessica Rosenworcel said the same, "any way you cut it."

Nevertheless, the Commission's hands are tied, and so on July 6 it adopted a Notice of Proposed Rulemaking (NPRM) in order to initiate the process with sufficient time to meet the statutory deadline of February 22, 2021.

As the NPRM hopefully notes, however, "[b]ipartisan Congressional opposition ... has increased" and "[m]ultiple bills have been introduced that would repeal the T-Band Mandate."

One such piece of proposed legislation, the "Don't Break Up the T-Band Act of 2019" (H.R. 451), was approved by the House Energy & Commerce Committee earlier this week.

A companion bill (S.2748) was introduced in the Senate late last year.

The T-band auction mandate is a threat to public safety and a waste of limited agency resources. It is time for Congress to apply an equal and opposite force to stop its forward motion.

Maryland Joins FirstNet and AT&T for Public Safety Network

On September 18, 2017, Maryland Governor Larry Hogan announced that the state will partner with FirstNet and AT&T to deliver a wireless broadband network to Maryland's public safety community, creating faster, more informed and better coordinated responses.  During the announcement Governor Hogan said: 

Keeping Marylanders safe is our top priority, and our first responders need to be equipped with every tool possible to protect our citizens. By adopting this plan, our first responders will now have the ability to efficiently and effectively work together not just within the state, but across the region and at the national level. This innovative initiative will also spur investment into Maryland's economy, helping to create jobs and enhance mobile broadband coverage in rural parts of the state.

This partnership will transform the way Maryland's fire, police, emergency medical services, and other public safety personnel communicate and share information. The enhanced wireless broadband coverage will reduce response times, mitigate damage, and save lives.

Chairman Pai: Additional Spectrum Will Enable Quicker Disaster Response Efforts

Last week, FCC Chairman Ajit Pai issued a keynote address at the first-ever Mobile World Congress Americans in San Francisco. Chairman Pai discussed the important role the FCC plays in disaster response efforts, specifically monitoring the status of communications networks in affected areas. Chairman Pai said that the damage caused by Hurricanes Harvey and Irma "would have been a lot worse if it weren't for wireless communications."

Although wireless communications networks during these two hurricanes were much more resilient than in some previous disasters, Chairman Pai says that unleashing licensed and unlicensed spectrum across low-, mid-, and high-bands will enable first responders to quickly assist with recovery and restoration efforts. Additional spectrum will help deploy 5G wireless technology which will create three million jobs and $500 in economic activity. But most importantly, when horrible disasters occur, 5G technology and robust wireless networks will enable communication between first responders and affected residents.

Thank you to the brave first responders during these disasters!