Matsui Calls on FCC to Pursue Public Auction in C-Band Spectrum Allocation

WASHINGTON, D.C. Today, Congresswoman Doris Matsui, Energy andamp; Commerce Communications and Technology Subcommittee Vice Chair and Co-Chair of the Congressional Spectrum Caucus, sent a letter to the Federal Communications Commission (FCC) urging Chairman Pai to pursue an FCC-led public auction in allocating C-Band spectrum.

Text of the letter is below:

October 17, 2019

The Honorable Ajit V. Pai
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Dear Chairman Pai:

As a Co-Chair of the Congressional Spectrum Caucus, I appreciate the Federal Communication Commission's (Commission) continued focus on reallocating underutilized spectrum to meet growing demand for wireless services. The Commission has successfully made spectrum available using auction authority delegated by Congress to support American leadership in wireless services while raising over $120 billion, providing the benefits of this taxpayer-owned resource to the American public and to pay for key Congressional priorities. Despite this historical success, I am concerned that the Commission may be pursuing alternatives to public auctions that could funnel proceeds to private parties rather than taxpayers and trigger time-consuming legal challenges.

In recent remarks regarding the 3.7 4.2 GHz band (C-Band), you noted that this spectrum is critical for 5G and that you intend to "have results to show on this front this fall." Because of the importance of this mid-band spectrum, I have closely followed and supported efforts to reallocate this band for terrestrial wireless use.

Congress provided a clear mandate that when there are mutually exclusive applications for spectrum licenses the Commission shall conduct a public, competitive bidding process to assign licenses. I am strongly concerned that certain proposals to abdicate the Commission's requirement to conduct a public auction are both unprecedented and unlawful. In turn, this would likely lead to protracted litigation causing unnecessary delay in making this spectrum available for wireless use, frustrating efforts of the United States to lead the world in 5G deployment. Only the Commission can fulfill its requirements under the Communications Act to distribute licenses in a fair, efficient, and equitable manner while protecting the public interest. The Commission cannot cede this authority to private parties—especially parties that have a financial interest in the outcome—while fulfilling its obligations under the law.

For these reasons, I strongly urge you to move quickly to reallocate the C-Band and assign the new terrestrial licenses using the auction authority provided by Congress through an FCC-led public auction. I look forward to working together on this matter to ensure an open, transparent, and legal process to reallocate this band to support our nation's wireless needs.

Sincerely,

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