Howard Buskirk

Opponents of giving the FirstNet Authority effective control of the 4.9 GHz band, as promoted by AT&T and the Public Safety Spectrum Alliance (PSSA), have been at the FCC repeatedly in recent weeks, driven in part by rumors that Chairwoman Jessica Rosenworcel may support that plan. But industry officials say how the FCC will come down remains uncertain. With Commissioner Anna Gomez expected to recuse herself, because of work before she joined the commission, Rosenworcel will likely need support from at least one Republican commissioner.

Amateur radio operators are already making their opposition known to a proposal from NextNav that the FCC reconfigure the 902-928 MHz band “to enable a high-quality, terrestrial complement” to GPS for positioning, navigation and timing (PNT) services (see 2404160043). Comments are due Sept. 5, replies Sept. 20, on a public notice from the FCC, but amateurs have begun filing comments (docket 24-240), posting nearly 60 just in the past few days.

The FCC’s NPRM on AI and robocalls that commissioners approved Wednesday saw numerous changes from its draft version, beyond the addition of a notice of inquiry (see 2408070037). Incompas and the Cloud Communications Alliance asked the FCC to move parts to a NOI, citing the lack of specific proposals (see 2408050029). “The item itself is seemingly more of an investigation into the state of AI technologies rather than a series of specific proposals,” they said.

The FCC sought comment Friday on the future of the 37 GHz band, as expected (see 2407240039). Comments are due Sept. 9 in docket 24-243, per a public notice by the Wireless Bureau. The band is one of five teed up for further investigation in the administration’s national spectrum strategy, though unlike the lower 3 GHz and 7/8 GHz bands, carriers are not targeting it for licensed, exclusive use. The strategy identifies 37 GHz “as a band for further study ‘to implement a co-equal, shared-use framework allowing federal and non-federal users to deploy operations in the band,’” the public notice says. “We find that additional information on potential uses of the Lower 37 GHz band would be helpful in the preparation of the Lower 37 GHz Report,” it adds, noting that the current record is limited. While commenters predicted uses including fixed wireless, point-to-point links, IoT networks, device-to-device operations, augmented reality, smart cities, smart grids and private networks, “they have not provided much detail about implementation of these services in the band,” the FCC says. The notice requests “specific and updated information on the contemplated uses of the band, to include interdependencies of pairing spectrum bands with the Lower 37 GHz band.” The PN also asks about the “feasibility” of aeronautical mobile service operations in the band. “We anticipate that operations offered in the band initially will be point-to-point and point-to-multipoint operations, although other types of operations -- including mobile operations -- may develop later.” The PN asks about the design of a coordination mechanism. It notes that discussions among the FCC, NTIA and DOD are aimed at a two-step mechanism. “In the first phase, an interference contour would be drawn around each existing and potential site based on its technical parameters, including transmitter details such as location (latitude and longitude), equivalent isotropic radiated power, antenna height, and antenna azimuth angle,” the notice says: If the site’s contour doesn’t overlap with any existing registration, “coordination is successful, and registration of the new site may proceed. If there is overlap, there would be a second phase.”

The rise of Vice President Kamala Harris as the Democrats' presidential nominee should have few implications for FCC Chairwoman Jessica Rosenworcel, industry observers agree. If anything, Rosenworcel’s ties to Harris are likely stronger than they are to President Joe Biden, they said. Biden waited until October 2021, more than nine months after his inauguration, to designate Rosenworcel as the first woman to chair the agency on a permanent basis (see 2110260001).

FCC commissioners on Wednesday unanimously approved an NPRM aimed at reducing unwanted AI robocalls, as expected (see 2408050029). Commissioner Nathan Simington raised concerns about part of the notice, with which he would only concur. Responding to concerns that Incompas and Cloud Communications Alliance raised, officials said some questions were moved to a notice of inquiry. Commissioners during their open meeting approved 5-0 a pair of other items (see 2408070047).

CTIA and the U.S. Chamber of Commerce backed AT&T’s challenge of the FCC's fine for data violations, filing amicus briefs in the 5th U.S. Circuit Court of Appeals. On a 3-2 vote in April, commissioners imposed fines against the three major wireless carriers for allegedly not safeguarding data on customers' real-time locations years earlier (see 2404290044).

FCC commissioners are expected to approve at Wednesday's open meeting, largely as circulated, a draft NPRM aimed at reducing unwanted AI robocalls. Industry officials active in the proceeding predicted few tweaks based on the limited number of ex parte filings in docket 23-362.

The FCC's World Radiocommunication Conference Advisory Committee held its second meeting Monday as it prepares for the next WRC, in 2027, moving forward on some early items for the conference. Among the proposals considered was agenda item 1.7, which examines studies on sharing and compatibility and the use of international mobile telecommunications in the 4, 7/8 and 15 GHz bands. Informal Working Group (IWG) 2, Mobile and Fixed Services, recommended two views. The first alternative supports the sharing and compatibility studies called for at WRC-23, “with a view to ensure the protection of services to which the frequency bands are allocated on a primary basis, including in adjacent bands, as appropriate.” Alternative 2 has the same findings but “adds additional language referencing employment of coexistence mechanisms to safeguard incumbent operations,” said IWG-2 Chair Daudeleine Meme, Verizon's vice president-federal regulatory and legal. “There were extensive discussions” and “in the end it was agreed to present two alternatives,” she said. IWG-2 member Scott Kotler, director-regulatory engineering at Lockheed Martin, noted item 1.7 is “critical” to the U.S. aerospace and defense industry “to innovate, to meet the needs and demands of existing services, while also exploring innovative opportunities for new wireless services.” Kotler said the alternative view better reflects the national spectrum strategy and administration principles “on what the U.S. would not support at WRC-27 for IMT.” Other speakers supported Kotler’s view. The WAC voted and approved both alternative views.

Maurine and Matthew Molak, who sued the FCC for its decision authorizing funding of Wi-Fi on school buses (see 2406260006), filed a petition at the agency seeking reconsideration of last month’s 3-2 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). Pleading cycle deadlines will come in a Federal Register notice, a Friday notice from the FCC said. “Petitioners urge the FCC to reconsider and rescind the Report and Order because it is contrary to law,” the petition said. The Molaks argue that the Telecom Act didn’t provide the FCC authority to use the E-rate program to pay for internet service and connections, “such as the Wi-Fi service and equipment at issue.” An agency “cannot exercise authority it does not have,” the petition argued: “If the FCC wishes to move forward with this proposal, it must first obtain proper authority from Congress.” The Molaks, whose 16-year-old son died by suicide after he was cyberbullied, argued that the school bus ruling would give children and teenagers unsupervised social media access. That case is before the 5th U.S. Circuit Court of Appeals. Meanwhile, Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen told us the group is mostly pleased with the Wi-Fi order and Further NPRM that the FCC posted last week. Windhausen saw no big surprises. “We're glad the FCC clarified a few issues and teed up additional questions in the further notice,” he said. SHLB's webinar on Wednesday “showed that there is a high level of interest in this new initiative, so we're excited to see how schools and libraries use this opportunity,” he said. SHLB plans additional webinars to answer questions about the program. Several changes were made between the draft and final version of the item, based on our side-by-side comparison. One question before the vote was whether the item would be tweaked to address fixed wireless access and partnerships with nontraditional providers (see 2406270068). The order clarifies that Wi-Fi hot spots “must be for use with a commercially available mobile wireless Internet service, rather than for use with [citizens broadband radio service] or other private network services.” The FNPRM adds language, as sought by Commissioner Geoffrey Starks, on cybersecurity issues. The final order includes a new paragraph on cybersecurity risk management. “Recognizing the critical needs of schools and libraries to protect their broadband networks and sensitive student, school staff, and library patron data, we seek comment on how to ensure that using E-Rate support for Wi-Fi hotspots does not introduce additional vulnerabilities or risks to cyberattacks,” the FNPRM says: “Specifically, we seek comment on whether service providers … should be required to implement cybersecurity and supply chain risk management plans.”