As federal policymakers continue studying the lower 3 GHz band for possible reallocation for full-power, licensed use, the Airborne Warning and Control System (AWACS) remains a critical focus, said Doug Brake, CTIA assistant vice president-policy communications, during a Technology Policy Institute webinar Tuesday. Advocates of licensed, unlicensed and satellite use said all need more spectrum as the Senate Commerce Committee prepares for Wednesday’s hearing on the topic (see 2502180058).
Securus and Pay Tel accused the FCC of acting outside the bounds of what was allowed under the Martha Wright-Reed (MWR) Act of 2022 in its July order reducing call rates for people in prisons while establishing interim rate caps for video calls (see 2407180039). The two providers of incarcerated people’s communication services (IPCS) filed preliminary briefs Thursday, as did state and law enforcement challengers and groups representing prisoners and their families. The case is before the 1st U.S. Circuit Court of Appeals, though various parties are still asking that it be moved to the 5th Circuit (see 2501280053).
The FCC said Friday that it no longer contends that Maurine and Matthew Molak of Texas are barred from challenging the FCC’s declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) based on their lack of participation in the FCC proceeding that led to the action. The FCC filed a notice at the 5th U.S. Circuit Appeals Court, which heard oral argument on the case Nov. 4 (see 2411040061).
The U.K.’s Office of Communications on Thursday announced a consultation that examines opening the 6 GHz band for unlicensed use, while considering licensed use of part of the spectrum. The Ofcom proposal would provide for low-power indoor (LPI) use across the entire band on a license-exempt basis.
A notice of inquiry about use of the upper C band for 5G may prove controversial given the implications for radio altimeters, industry experts said. The NOI proposes a study of 3.98-4.2 GHz spectrum, just above the spectrum sold in the record-breaking C-band auction, which ended in early 2021 (see 2102180041). FCC Chairman Brendan Carr initiated the NOI last week for a vote at the Feb. 27 open meeting. A radio altimeter is a device that measures the distance between an aircraft and the ground.
Three conservative groups on Tuesday urged the U.S. Supreme Court to use its upcoming decision in FCC v. Consumers' Research to provide clarity on when agencies can delegate authority to private companies. SCOTUS will consider the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program (see 2501090045), in part because the FCC delegated authority for overseeing the program to the Universal Service Administrative Co. (see 2412100060).
The FCC faces pressure to find a better, more market-oriented way to reallocate spectrum, but there are no obvious solutions in sight, auction experts said Tuesday. The discussion, during a Technology Policy Institute webinar, the first in its series on spectrum policy, comes as the fight over spectrum heats up, and the administration looks at the future of the lower 3 GHz, 7/8 GHz and other bands (see 2502100047).
Verizon urged the 2nd Circuit U.S. Court of Appeals to overturn a $46.9 million penalty from the FCC for not adequately protecting subscribers’ real-time location information that commissioners approved on a 3-2 vote last year (see 2404290044). Last week, the 5th Circuit heard AT&T's oral argument against a $57 million fine the commission imposed (see 2502030050). The government defended the order in the 5th Circuit even though current FCC Chairman Brendan Carr and Republican Commissioner Nathan Simington had dissented.
The Competitive Carriers Association challenged parts of the FCC’s 5G Fund order in the U.S. Court of Appeals for the D.C. Circuit, seeking changes to the rules the agency adopted under former Chairwoman Jessica Rosenworcel (see 2408290041). Current Chairman Brendan Carr voted against the order, arguing that the fund should be launched only after the BEAD program plays out and money is awarded. CCA and the Rural Wireless Association voiced concerns when the order was approved in August.
Like staff at nearly every agency in Washington, FCC employees seem nervously waiting for the next moves of the Donald Trump administration and Elon Musk, even as they hunker down and continue doing their jobs, industry sources tell us. The FCC also appears to have taken further steps to comply with the White House’s executive order banning diversity, equity and inclusion (DEI) efforts after an initial wave of announcements immediately after Chairman Brendan Carr took office.