Howard Buskirk

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.”

North East Offshore is dropping its request for an FCC waiver of the freeze on nonfederal applications for new or expanded Part 90 operations in the lower 3 GHz band. The renewable energy company notified the agency that it’s modifying its application to “specify frequencies outside the 3.1-3.3 GHz band, which will eliminate the need” for the FCC to consider a waiver. The request ran into opposition from the wireless and cable industries, which filed comments posted Thursday in docket 24-212. The comments underscore the perceived importance of lower 3 GHz spectrum for 5G and beyond.

T-Mobile on Wednesday became the last of the three major wireless carriers to report Q2 results, announcing it added 777,000 net postpaid phone subscribers and 406,000 fixed wireless subscribers. However, it warned of a financial hit of up to $450 million this year from the shuttering of the affordable connectivity program. Meanwhile, CEO Mike Sievert told analysts T-Mobile is “open-minded” but not set on buying additional fiber assets.

Carriers are embracing open radio access networks as they “introduce” more virtualization, intelligence and “ultimately automation” into their networks, Stefan Pongratz, Dell’Oro Group vice president-RAN market research, said during a Fierce Network webinar Tuesday on ORAN indoors. Del Oro recently projected that global RAN revenue will decline at a 2% compound average growth rate through 2028 (see 2407260041). “Within that there are pockets of the RAN market that are growing,” including ORAN, small cells, millimeter-wave deployments and fixed wireless access, Pongratz said. A big challenge for AMB Sports and Entertainment, which manages Mercedes-Benz Stadium in Atlanta, is keeping up with fan demand, Chief Information Officer Kevin Pope said. “We actually have to track a different demand line when you think of events like the SEC [college football] Championship, a Taylor Swift concert, a FIFA World Cup game, the Super Bowl,” he said. The demands are higher than for average events, he added. Connectivity is “something we take seriously, but it’s a moving target.” Customers don’t care about which technology is used, “they just want to have a good experience" but "we need to have all these tools in our toolbox.” If people are reading email, “that’s one thing,” Pope said, but if thousands of fans are trying to stream high-resolution video at the same time that requires a different set of tools. His company uses a distributed antenna system and Wi-Fi but also millimeter-wave spectrum in areas where it expects the highest bandwidth demands. At the biggest events, during the halftime of a football game or a set break at a concert, the demand peaks “are just staggering.” You also have to deal with customer preferences, Pope said: Some customers have limited data plans so they want to use Wi-Fi, while others may not trust Wi-Fi. The initial focus with any new generation of wireless is on outdoor, macro coverage, said Upendra Pingle, CommScope senior vice president-intelligent cellular networks. When that’s done, the focus moves to in-building coverage, starting with large public venues, followed by more general network densification, he said. “This cycle repeats every decade … and we’ll see the same thing on 6G.” Pingle said carriers are focusing more on high-band deployments “because that’s where high bandwidth is available” for “massive, data-hungry use cases.” With millimeter-wave, the signals don’t penetrate buildings very well and “a dedicated in-building solution becomes more and more important.” With that comes the need for “an open, virtualized architecture to deploy in-building cellular to cover all the use cases,” he said. As venues consider millimeter-wave spectrum, it has to make sense for them financially given the costs. “The use case has to be balanced with the business case.” High-band will have its place, “but it's going to have to be a specific application dealing with a specific use case,” Pingle said.

The three major U.S. tower companies reported Q2 results, with Crown Castle the last to go, on Tuesday. All three companies' CEOs said that despite some slowing in 5G deployments, major U.S. carriers still have a ways to go to build out their networks. In addition, they expressed optimism despite a downturn in deployments in recent quarters (see 2402290050).

A case before the U.S. Supreme Court, Consumers' Research, et al. v. Consumer Product Safety Commission, potentially has major implications for the FCC and FTC, and could permit a president to fire a commissioner at will, industry lawyers said. The U.S. Chamber of Commerce and other conservative groups are asking SCOTUS in amicus filings to grant the writ of certiorari from Consumers' Research.

The citizens broadband radio service band has shown that spectrum can be shared without interfering with government users, in particular the naval radars that use the band, Richard Bernhardt, Wireless ISP Association vice president-spectrum and industry, said Thursday. Recent changes approved by the FCC, working with DOD and NTIA (see 2406120027), will make the band much more usable, he said during a WISPA webinar on “CBRS 2.0.” The rule changes take effect Friday.

CTIA Thursday marked the 30th anniversary of the FCC’s first spectrum auction by calling on Congress to restore the agency’s lapsed general auction authority. “For the past three decades, this Nobel-prize winning innovation has become increasingly key to America’s economic competitiveness and innovation leadership,” CTIA President Meredith Baker said. The anniversary is “an important reminder of the critical role that auctions play, and we call on policymakers to restore auction authority with a spectrum pipeline so that we can secure the benefits of wireless leadership for all Americans,” she said. CTIA also released the opening video of what it said will be a series of remembrances about auctions and the early days of the wireless industry. “The essential asset of wireless communications is spectrum,” former FCC Chair Tom Wheeler said in the first video. Wheeler noted that he became involved in wireless as part of a group of investors that won spectrum licenses in one of the lotteries that predated auctions, “the FCC’s dumbest way of allocating spectrum.” His group’s pingpong balls were picked “and suddenly I was in the wireless industry.” Licenses were also assigned through “beauty contests,” where companies made the case at the FCC on why they needed spectrum in a given area, he said. “That may have solved the instant problem, but it certainly didn’t facilitate how do you then have a concerted effort to deliver the important services,” Wheeler said: “It was widely understood that the … system was flawed.” Tom Sugrue, former head of the D.C. office for T-Mobile, said licenses' value increased rapidly “as people began to appreciate what mobile technology was worth.” But the “tools the FCC had to assign those licenses were becoming increasingly, obviously deficient.”

AT&T CEO John Stankey on Wednesday criticized the Biden administration’s work on making more spectrum available for wireless carriers. During the carrier's release of Q2 results, Stankey apologized for the February AT&T wireless outage, the topic of an FCC report this week (see 2407220034).

The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.