Howard Buskirk

Many questions remain on the FCC’s notice of inquiry on receiver standards (see 2208050044) and what will come next, experts said during an FCBA webinar Tuesday. Erin Boone, chief of staff to Commissioner Nathan Simington, who sought the NOI, said her boss believes the time has come for the FCC to do more. “Given the current controversies that we’ve seen recently with the C band, and with the Ligado matter, it’s pretty clear that spectrum, particularly valuable mid-band spectrum, is extremely encumbered and congested,” Boone said. “My boss thinks it’s crucial for policymakers to look for new solutions to the problem,” she said. Until now all efforts to manage interference in commercial spectrum have focused on regulation of transmitters “and through decisions to create large, and often wasteful guardbands … or just by adjudicating interference claims on a case-by-case basis through what has proven to be a rather clunky process said,” Boone said: “As a result, large amounts of valuable spectrum lie fallow, spectrum reallocations are unnecessarily contentious and spectrum users lack certainty for investment.” Looking at the issue is “trying to understand the problem,” Boone said. “What do we mean exactly when we’re talking about receiver performance characteristics, and sort of make this a little a more tangible … for lawyers like me that might not be as tech savvy,” she said. “The NOI is just one step in a many years-long marathon,” said Wilkinson Barker’s Kara Graves. The FCC received about 90 comments last summer, she said. Most commenters “generally agreed that receiver performance affects the spectrum environment, but they were divided on whether or not the FCC should actually take any of the actions that it has sort of outlined,” she said. “Many commenters, I think not surprisingly, did express particular views about specific services, so highlighting how well their service performs or how well the receivers in their service use case perform,” Graves said. Most agreed “the issue is complicated and that a one-size-fits-all solution may not be the most appropriate path forward,” she said.

A report to Congress by the Telecommunications Workforce Interagency Group (TWIG), released Friday, urges Congress to reauthorize the Strengthening Career and Technical Education for the 21st Century Act (Perkins V), which was signed into law in 2018, and the administration to launch an interagency National Broadband Workforce Task Force. The report was mandated as part of the Infrastructure Investment and Jobs Act, which provided more than $48 billion to close the digital divide.

The U.S. Court of Appeals for the D.C. Circuit unsealed and released its full December ruling upholding the FCC's revocation of China Telecom Americas’ domestic and international authorities (see 2111150025). The government supported unsealing the 24-page decision Thursday, but the provider opposed that (see 2301090051). “China Telecom argues that the Revocation Order is arbitrary, capricious, and unsupported by substantial evidence,” the unsealed opinion said: “It dismisses as speculative the Commission’s concern that China Telecom will be used as a vector of cyberwarfare against the United States and disputes the Commission’s conclusion that its conduct constituted breaches of the Letter of Assurances.” The court found “no merit in China Telecom’s claims.” The opinion, by Judge Harry Edwards, fully upheld the FCC (docket 21-5215). He was joined by Judges Karen Henderson and Greg Katsas. “The Commission’s determinations that China Telecom poses a national security risk and breached its Letter of Assurances are supported by reasoned decisionmaking and substantial evidence in the unclassified record,” the court said. “In addition, we hold that no statute, regulation, past practice, or constitutional provision required the Commission to afford China Telecom any additional procedures beyond the paper hearing it received.” The court said “contrary to China Telecom’s suggestion, the Commission need not wait for a risk to materialize before revoking a [Communications Act] section 214 authorization.” Nothing in the law, or regulation, required the FCC to do more than it did, the opinion said. “China Telecom insists that it is entitled to discovery, a live hearing before a neutral adjudicator, and an opportunity to demonstrate or achieve compliance,” Edwards wrote: “Given the record in this case, however, we hold that none of the additional procedures sought by China Telecom is required by statute, regulation, FCC practice, or the Constitution.” The FCC issued the first international authorization for the company to its parent China Telecommunications in 2001. “Since that time, the national security landscape has changed significantly, with the focus shifting from terrorism to Chinese cyber threats,” the court said. After a nearly yearlong process, the FCC voted 4-0 in October 2021 to revoke the company’s international authorizations (see 2110260060), which the company appealed to the D.C. court (see 2111150025).

The National Weather Service isn’t well-equipped to keep up with the speed with which spectrum decisions are often made, said Michael Farrar, director of National Centers for Environmental Prediction, at an American Meteorological meeting, streamed from Denver Thursday. Farrar warned against the “drip, drip, drip of changes” as spectrum policy evolves.

Experts expressed skepticism Thursday about 6G and whether it will mean big changes beyond what can be done with 5G. The world should become more realistic about 6G, said Monica Paolini, consultant at Senza Fili, during a firm webinar.

All filed comments support a late October petition by CTIA and the Competitive Carriers Association (see 2211010056) seeking changes to rules in the FCC’s new mandatory disaster response initiative (MDRI). Replies to oppositions were due at the FCC Tuesday, after the deadline was delayed in December (see 2212190040). FCC commissioners approved the rules in July (see 2207060070)

Wireless carriers pressed the FCC to make the 12.7 MHz band available for exclusive-use licenses, but others continue to see it as potentially the next big sharing band, in reply comments posted Wednesday in docket 22-352. Band incumbents continue to raise concerns about their use of the spectrum. Replies were due Tuesday and largely tracked initial comments (see 2212130047). The FCC approved a notice of inquiry in October (see 2210270046).

Federal Railroad Administration’s emergency notification system (ENS) is the key to getting information to the railroads in any emergency, FRA officials said Tuesday during a webinar by 911.gov. Blue ENS signs, with calling information and an 800-number to call, are located at every railway crossing in the U.S. with a unique number assigned to identify the crossing, explained Michail Grizkewitsch, FRA transportation specialist. “Everybody thinks they have to call 911,” Grizkewitsch said. “In reality, when we deal with railroads their dispatch centers can be 10 states away,” he said. CSX operates in 26 states, with a single dispatch center in Jacksonville, Florida, he noted. Grizkewitsch said when the ENS center is called, operators there can do everything necessary to stop trains from running to avoid an accident, stalled vehicle, or other emergency. ENS “is your quickest way to get to the railroad,” he said. FRA advises members of the public, in some cases, to call the ENS number before they dial 911, he said: “The reason being, calling this 1-800 number will get that train stopped in a matter of seconds. … It takes a mile or more to stop a train so our biggest and No. 1 priority is getting that train stopped.” Railroad emergencies are frequent, Grizkewitsch said. In the U.S., a vehicle is struck by a train every three hours and each year there are more than 3,000 railway crossing accidents and about 1,000 people attempt suicide by jumping in front of a train, he said.

The FAA is proposing that passenger and cargo aircraft in the U.S. have 5G C-band-tolerant radio altimeters or install approved filters by early 2024. The requirement is proposed in a notice for Wednesday's Federal Register, with comments due Feb. 10. Industry experts saw the latest as a net positive for telecom carriers, but some warned of a dangerous precedent being created by the FAA.

Completing NTIA’s work on more than $48 billion in connectivity spending through the Infrastructure Investment and Jobs Act will take years and require “a huge amount of work,” but it’s not the agency’s only focus, NTIA Administrator Alan Davidson told CES Saturday. Other speakers said wireless projects must be able to fully compete with fiber for the program to be most successful.