Why The White House and CTIA Don’t Agree On Incentive Auction Revenue, And Why I Think Both May Be Wrong.

The White House budget proposed last week contains an estimate of about $28 billion from auctioning federal spectrum and giving the FCC authority to conduct incentive auctions.  By contrast, the CTIA – The Wireless industry Association — and the Consumer Electronic Association (CEA) have published a study showing that the FCC could raise $33 bn from an incentive auction of the broadcast bands alone. So what gives?

The short answer is that spectrum auctions are extremely hard to predict, and incentive auctions are even harder to predict because we’ve never done one before. The longer answer is that because the White House is banking on the revenue as part of the budget process with real world consequences, they have therefore hedged against uncertainty by including an easier to estimate spectrum auction. CTIA/CEA, have written an advocacy piece. As with all such pieces, it tends to accent the positive. Unfortunately, the Report fails to address some rather pivotal issues, a factor that renders it of rather limited utility for resolving what I consider the most critical question no one has answered: will enough broadcasters participate in a voluntary auction to make it happen at all. It is on this point in particular that I remain profoundly skeptical.

Fair warning, as with all spectrum policy posts, this one tends to run pretty long. Still, I’m hoping the prospect of all that money  will rivet folks as I unpack the “known unknowns,” the “unknown unknowns,” and why I raise a skeptical eyebrow over the CTIA/CEA estimate below .  .  .  .

UPDATE: As I’ve explained here, I’ve edited this article considerably to take out some unwarranted snark on my part against CTIA/CEA.

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Broadcasters Try To Embed Denial of Service Trojan Horse In White Spaces Rules

The official agenda for the FCC’s September Open Meeting on Thursday lists the broadcast white spaces as one of the items. This Order will resolve the details left hanging from the 2008 Order (although it now appears that it will not select the database operator), finally allowing development of this technology and forming the foundation for the next generation of unlicensed wireless technology.

Or maybe not. Even more than usual, this Order relies on getting all the details right. The limitations and interference mitigation mechanisms have left very little in the way of usable spectrum in the largest urban markets most attractive to manufacturers. Lose what’s left and you lose national markets necessary to interest developers and achieve economies of scale. Do anything further to drive up cost of manufacture or add a new layer of uncertainty and would-be developers – who have already been at this for [8 years] and poured millions of dollars into prototypes and pilot projects -– will likely pull the plug and walk away. Anyone who remembers such promising technologies as ultrawideband should recognize the death by a thousand cuts approach favored by incumbents.

[We’re having some technical issues here at Wetmachine, so I can’t link back to my previous posts on White Spaces. Sorry about that. Hopefully it will get resolved soon.]

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See Greg Rose and I Utterly Revolutionize Federal Spectrum Management Through The Power of Our MINDS!!!!

Ummmm……OK, maybe that overstates things a tad. Still, fellow Wetmachiner Greg Rose and yr hmbl obdn’t blogger will be unveiling two new White Papers on how we can break past the stale debates on federal spectrum and figure out how to make some wireless magic happen.

The event happens Thursday, June 3, from 8 a.m. to 12:30 p.m. at the Washington Court Hotel, 525 New Jersey Ave, NW, Washington DC 20001. NTIA Administrator Asst Secretary of Commerce Larry Strickling will give the Keynote Address, “Averting the Spectrum Crisis.”

Here’s the event web page, which will also allow you to RSVP. Now go below the fold to see an amusing event description and hilarious video advertisement for the conference.
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I Join Public Knowledge As Legal Director

You can read the release here.

Regular readers will know I have worked closely with PK in the past and that it is an exciting opportunity for me to do more on intellectual property as well as continuing work on the spectrum and network neutrality issues. At the same time, I am continuing my consulting work with Strength To Strength Develop-Ed, LLC — albeit in a reduced role.

Stay tuned . . . .

Commission Meeting Happens! Begins With Gifts To Verizon and AT&T . . . .

O.K., we finally started at 3:50 p.m. Three items left, VZ/Alltel, New Clearwire, and White Spaces. I’ll split tdo my happy dance on his in two, so I can gripe about the suckiness of the mergers while doing my happy dance on white spaces unsullied by this market consolidation.

Details of merger suckiness below . . .

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This Week I Get My Wonk On, Next Week I Am A Free Man.

Passover comes late this year. It doesn’t start until Saturday night, April 19. Getting ready for Passover is a phenomenal pain in the rear end, because it involves all sort of complicated cleaning things. So this time of year is really busy for us true believer types.

Which is why the Good Lord has made it such a plentiful season for critical hearings. This week on Tuesday morning, I will testify before the House Telecom Subcommittee at the incredibly crowded second panel on the 700 MHz Auction aftermath. Then it’s out to California to catch the FCC Hearing on Network Management (official witness list still not posted, but my name turned up in Comm Daily on the short list).

Mind you, I am extremely happy to have the opportunity to testify before the House and all that. Indeed, given how much I’ve lived these things (especially the spectrum stuff), I’d be really miffed if I didn’t get a chance to speak my piece. I just wish it could be a little, y’know, less hectic.

At least I will be able to say with conviction at my Passover celebration “Now I am a free man.”

Stay tuned . . .

700 MHz Aftermath: Assessing A Rather Complicated Result — But Not A Disaster As Some Maintain.

The intervention of the Jewish holiday of Purim, which is celebrated by getting drunk until you cannot tell the difference between Verizon winning the C Block and Google winning the C Block, kept me from posting sooner. I would have held off until I could give more details, but there are so many people rushing to call it a disaster that a few words need to be said here.

O.K., Google didn’t win, but Echostar did, giving me a .500 batting average in prophecy against the conventional wisdom. I’m not covinced that Echostar winning gives us a third pipe (Martin’s suggestions about combining this with other spectrum assets to the contrary). But even if not, it is important for keeping Echostar competitive with cable and with DIRECTV (which will have an advantage in programming assests). I shall try to do a more detailed analysis of Echostar and what the E Block does for them in a future post.

It is also interesting to note that some non-incumbents like Cavtel picked up licenses, although I am not as enthusaistic about this for competition as Martin was at the press release.

That said, I do not see how the rules could have been structured any better without barring Verizon and AT&T from playing. While we might have done better for new entrants after all with smalled licenses rather than REAGs, as demonstrted by Echostar doing an end run to assemble a near national footprint after they begged and pleaded to have the FCC offer a national license, I can’t say for sure (I’ll have a longer discussion on this later, and I expect Greg Rose will have some things to say on his blog once he has crunched the numbers). My preliminary conclusion is that Verizon (and to a lesser degree AT&T) was simply determined to get the spectrum it wanted and did not let anything stand in its why. The fact that Verizon paid $9 MHz/Pop for a B block license for Chicago, and that Verizon and AT&T spent over $16 billion of the approximately $19 billion raised should tell anyone who cares about the reality all they need to know. Verizon and AT&T were not “bargain hunting.” They were at each other’s throats and cutting out anyone who dared to get in their way. The only way to stop them was to keep them out entirely, and there was not a heck of a lot of support for that from the Hill or at the FCC beyond the Dems.

I think Commissioner Adelstein gives a fair assesment when he says we won on revenue and openness and lost on diversity and competition. But again, the only way we could have done any better was by adopting auction rules that banned Verizon and AT&T from playing and by using aggressive means to address minority and women ownership (as MAP requested as early as March 2006). Perhaps now Congressional Democrats will add their voices to those of Commissioners Adelstein and Copps on restoring the minority bidding credit and supporting incumbent exclusions or — at a minimum — restoring the spectrum cap.

As it was, thanks to anonymous bidding, Echostar was able to do an end run and acquire a national footprint — something previously denied to it in the AWS Auction in 2006. And, while AT&T and Verizon got most of the licenses, they had to pay through the nose to get them — rather than sopping them up dirt cheap as happened in the AWS auction (where licenses equivalent to the A & B block licenses went for 45 cents MHZ/pop not $9 MHZ/pop). This auction attracted more new bidders and more minority bidders than previous auctions, so the field was ripe for a success on these fronts. But they were simply outspent by Verizon and AT&T.

To conclude, unlike the utter failure of the AWS auction (which everyone else hailed as a success — despite the incumbents winning more licenses for less money), this auction produced some very positive results. But it also shows us the limit of what purely competitive auctions will do. Neither this auction nor freeing more spectrum for future auctions, on their own, will provide us with a third pipe or introduce new competitiors in wireless. The advanatges enjoyed by incumbents in a relatively mature industry (as opposed to back in the early/mid-1990s when the first auctions were conducted) are simply too great to overcome just by “leveling the playing field.”

Finally, one last question remains: Why didn’t Qualcom drop their bid on D Block? Why did they tie up all that eligibility, instead of using it to go after more E Block licenses? For us spectrum geeks, this is the equivalent of asking Why did the Minbari surrender at the Battle of the Line (best answer from a friend of mine: “turns out Echostar bidders have Qualcom souls”). Did Qualcom hope they could keep the D Block for such a low price? Did they wish to avoid a penalty for dropped bids by the time they realized no one would bid on D Block? Hopefully, we will find out.

Stay tuned . . . .

700 MHz: More Evidence for Success of Anonymous Bidding Rules

I’d like to reiterate what fellow Wetmachiner Harold Feld wrote yesterday: the telecoms incumbents’ claims of problems arising from anonymous bidding are nonsense, part of a campaign to sow disinformation lest Auction 73 (700 MHz) and its success persuade the FCC to permanently adopt anonymous bidding rules for its auctions.

I call your attention to this table, which compares the number of bids on each license in B Block in rounds 1-26 of Auction 73 to the number of bids on each comparable CMA in Auction 66 (AWS-1) in rounds 1-26 of that auction. Note that in general the smaller the CMA number, the larger the population of the CMA (e.g., CMA001 is New York City and its immediate environs, CMA002 is the Los Angeles area, etc.).

What is striking about the data presented in this table is threefold. First, significantly more bids are being placed in general in rounds 1-26 in Auction 73 than in Auction 66. Second, extraordinarily more bids are being placed on the smaller and intermediate-size CMAs in Auction 73 than in Auction 66. Third, a much smaller percentage of licenses are receiving no bids in the first 26 rounds in Auction 73 than in Auction 66.

I am hard put to find an explanation of this extraordinary increase in competition, particularly for the smaller and intermediate-size licenses, which does not involve the effects of anonymous bidding. I suggest that the data, even though they do not disclose bidder identities, are entirely consistent with a more vigorous presence of new entrant and non-incumbent bidders who are protected from retaliatory and blocking bidding by large incumbents by anonymous bidding and are, therefore, more willing to engage in strong competition.

The telcos and cablecos can wail and moan to Communications Daily about the “risks” of anonymous bidding to the FCC, but the principal risk of anonymous bidding seems thus far to be the risk that fat-cat telecoms incumbents won’t be able to get all the spectrum in this auction by their usual bullying and exclusionary tactics. There’s no risk at all to the treasury — revenue from the auction is already wildly exceeding pre-auction projections — and there’s no risk that competition will be wan, as the data presented here amply demonstrate.

700 MHz: Beating the AWS-1 $/MHz/Pop

A, B, and C Blocks have exceeded their reserve prices as of round 17 in Auction 73, and E Block has reached 83.73% of its reserve price, while D Block has languished at 26.99% of reserve price since the first round. Unless a great deal of the activity in A and B Blocks is intended to preserve eligibility for later round intervention in C Block, the probable C Block winner has likely made its winning bid in round 17.

The rate at which A and B Blocks have exceeded their reserve prices by the end of round 21 today — 190.51% and 462.50%, respectively — seems unlikely to abate, which may push revenue from Auction 73 to $16-17 billion, perhaps as much as $20 billion, despite the fact that D Block will almost certainly have to be reauctioned if the current pattern holds.

How much better A, B, and C Blocks are doing at this point than even at the end of Auction 66 (AWS-1) is shown in this table, which compares the dollar per MHz per population price each license in those three blocks obtained with the provisionally winning bid as of the end of round 21 to the final dollar per MHz per population price comparable licenses received by the final round of Auction 66. Since the bandwidth is different in each auction, $/MHz/Pop standardises the data for comparison.

Clearly the majority of 700 MHz spectrum on offer in Auction 73 is much more highly valued than the spectrum on offer in Auction 66: the average $/MHz/Pop price of an A Block license at the end of round 21 in Auction 73 is 193.53% of the final $/MHz/Pop price of comparable spectrum in Auction 66; the average $/MHz/Pop price of a C Block license at the end of round 21 in Auction 73 is 623.06% of the final $/MHz/Pop price of comparable spectrum in Auction 66. For C Block, the 50-state package (REAGs 1-8) is reaching 102.65% of the final price of comparable spectrum in REAGs 1-8 in Auction 66, while REAGs 9-11 are averaging 134.10% of what they finally obtained in AWS-1.

From the point of view of the U.S. Treasury Auction 73 is already a hell of a success. What remains to be seen is how well new entrants and smaller competitors did, whether the incumbents ran the table again, and whether we got a national third broadband pipe. But we won’t know that until the FCC releases bidder identities and bids at the end of the auction.