US legislators are set to vote on a bipartisan bill which would remove a hurdle currently preventing the Federal Communications Commission (FCC) from auctioning off mmWave spectrum for 5G use.

On 6 March, the House of Representatives is due to vote on H.R. 4986, which includes a provision to eliminate a requirement for upfront auction payments from bidders to be held in interest bearing accounts. FCC chairman Ajit Pai said previously the clause could block future auctions if left to stand, since financial institutions are unwilling to open such accounts.

At Mobile World Congress last week, Pai revealed plans to hold mmWave spectrum auctions later this year, but said the FCC could only do so if US lawmakers act to remove the hurdle by 13 May.

Congressmen Greg Walden and Frank Pallone, and Senators John Thune and Bill Nelson, who sponsored the bill, said it “puts consumers first and solidifies the nation’s critical telecommunications infrastructure, giving the US a global edge in the race to 5G”.

The bill is the House’s version of the FCC reauthorisation bill passed by the Senate in October 2017. As with all US legislation, the measure must be approved by both the House and Senate and signed by the president to become law.

Additional provisions
In addition to striking the upfront payment provision, the House bill also includes elements from the Senate’s Mobile Now Act, which calls for the FCC to identify more spectrum for mobile use and eliminate hurdles to infrastructure deployment.

Specifically, H.R. 4986 would require the FCC to identify 255MHz of licensed and unlicensed spectrum for mobile and fixed wireless use by the end of 2022; open a rulemaking procedure within two years to authorise mobile or fixed service in the 42GHz band; and determine whether the airwaves from 3.1GHz to 3.55GHz and 3.7GHz to 4.2GHz can be used for commercial wireless services.

The measure also includes language to accelerate infrastructure siting by streamlining right-of-way requirements and putting a 270-day time limit on the application review process.

Additionally, the bill would allocate funds to close a shortfall and facilitate the relocation of broadcasters following a 600MHz auction in 2017, and give the FCC 18 months to craft an unlicensed spectrum policy which explores concepts like spectrum sharing to increase usage on underused airwaves.