President Joe Biden signed Monday the FY 2022 National Defense Authorization Act, the White House said. The compromise S-1605, which Congress passed earlier this month (see 2112170029), gives DOD authority to seek compensation from Ligado for any damage to the department's GPS systems caused by the company's planned L-band operations. The measure jettisoned several tech and telecom provisions included in other NDAA versions earlier in the year, including language from the 911 Supporting Accurate Views of Emergency Services Act (HR-2351).
CTIA, the Aerospace Industries Association and Airlines for America are sharing data and working together to find a way to allow use of the C band for 5G, they said Wednesday. “We are pleased that after productive discussions we will be working together to share the available data from all parties to identify the specific areas of concern for aviation,” the groups said: “The best technical experts from across both industries will be working collectively to identify a path forward, in coordination with the FAA and FCC.” Verizon and AT&T have been deploying gear but agreed not to turn it on until Jan. 5, a month later than originally planned (see 2111040042). Aviation interests noted concerns, in calls with commissioner aides (see 2112210063). “The wireless industry remains on track to launch 5G in the C-band on Jan. 5,” CTIA said. CTIA also reported on a call with staff from the Office of Engineering and Technology, Wireless and International bureaus. “C-Band 5G operations commencing in January will co-exist safely with aircraft and altimeters,” said a filing in docket 18-122. “The aviation industry’s public, unredacted data … does not support its sweeping pronouncements about coexistence concerns.” The FCC and FAA didn’t comment.
Aviation and aerospace representatives spoke with aides to all four FCC commissioners on wireless industry use of the C band for 5G. “Further delay and cooperation from the telecom industry are both essential to develop mutually agreeable temporary mitigations on cellular operations in order to maintain public safety,” they said, in a filing posted Tuesday in docket 18-122. The groups urged consideration of a safety proposal the Aerospace Industries Association (AIA) filed Dec. 6. “The telecom industry’s proposed mitigations cannot adequately protect public safety, and we have yet to receive any feedback about our proposal or a willingness to consider it,” they said. “Absent further mitigations, and with the implementation of the FAA’s recent Airworthiness Directives (ADs), the aviation industry is anticipating impacts on 345,000 passenger flights, 32 million passengers, and 5,400 cargo flights in the form of delayed flights, diversions, or cancellations.” On the calls were AIA, Airlines for America, the Air Line Pilots Association, Aviation Spectrum Resources, Boeing, Collins Aerospace, Helicopter Association, Honeywell International and Lockheed Martin.
The Land Mobile Communications Council complained of problems with the FCC’s universal licensing system (ULS), in a letter released Monday. “Lately, the ULS has experienced a high level of 502/504 gateway errors, and users continue to experience slow or non-existent service,” the group said: “It is an essential tool necessary to conduct spectrum analysis and to assist applicants to secure FCC licenses in compliance with FCC Rules.” The FCC also doesn’t offer updated information on outages and downtime, the coalition said. It asked the agency to communicate better with FCC-certified frequency advisory committees, which are “one of the largest blocks of licensees in the ULS.” The FCC didn’t comment.
Disagreement continued between inmate calling service providers and advocates on the ICS rate-making process, in replies posted Monday in docket 12-375 (see 2109290074). Permanent caps “should be substantially lower than the current interim caps,” said the Prison Policy Initiative, asking the FCC to “prioritize the issue of USF relief for ICS customers.” PPI finds “that facility size does not correlate to costs and should be considered by the FCC as a rebuttal to the ICS providers’ argument that size impacts costs,” said 33 organizations led by the Leadership Conference on Civil and Human Rights. Make a list of ancillary fees that can and can’t be charged to ICS users, said NCIC. The fee caps the FCC previously adopted “have been subverted by certain ICS providers,” it said. All security and surveillance costs “are not inextricably intertwined with telecom costs,” said Worth Rises. Global Tel*Link said they’re “an integral part of ICS.” Consider a "brief pause" on additional reform to "allow for the collection of accurate and reliable data," said Pay Tel. The National Association of State Utility Consumer Advocates backed comments opposing security and surveillance costs being included in the rate-setting process. Require providers refund account holders after inactivity or an incarcerated person’s release, said the Wright Petitioners, Benton Institute for Broadband & Society, United Church of Christ and Public Knowledge. The record “unanimously confirms the commission’s legal authority under Section 225 of the [Communications] Act extends to incarcerated people with disabilities,” said deaf and hard of hearing advocates led by Telecommunications for the Deaf and Hard of Hearing. ICS providers and facilities “can readily provide modern forms of TRS, including VRS,” the groups said. ZP Better Together recommended a registration system for VRS providers to create an account to provide services to a correctional facility.
An FCC disaster information reporting service release Friday showed 14,161 cable and wireline subscribers without service in the Kentucky counties affected by recent tornado damage. That’s better than the 24,790 reported Thursday (see 2112150051). Some 1.2% of cellsites are down in the affected area, down from the 1.8% in Wednesday’s report. No public safety answering points, TV stations or radio stations were listed as out of service.
FCC nominee Gigi Sohn now has the backing of Commerce Committee member Sen. Jon Tester of Montana, bringing her one vote closer in her bid to get support from all 14 panel Democrats. "After meeting with" Sohn "and questioning her at her confirmation hearing, I am confident that she understands the internet connectivity challenges facing communities in Montana and across rural America," Tester said in a statement Wednesday. "I intend to vote for her nomination because it’s critically important we have a fully functioning FCC, and I will hold her accountable to her commitment to increase access to high-speed internet that will lower costs for Montana families, create good-paying jobs, and grow the economy." Tester was one of three Commerce Democrats believed undecided on Sohn, which led to a delay of the committee's vote on advancing the nomination to the floor (see 2112090058). Sens. Jacky Rosen of Nevada and Kyrsten Sinema of Arizona are the other panel Democratic holdouts. Rosen is to meet with Sohn Friday (see 2112150069). Sohn will likely need unified Democratic support within the panel and the full Senate to win confirmation, given expectations no Republicans will back her (see 2112030058).
The FCC wants comments by Jan. 18, replies by Jan. 31, in docket 21-476 on its report to Congress on the future of the USF, said a notice of inquiry listed in Thursday's Daily Digest. The report was mandated by the Infrastructure Investment and Jobs Act. The NOI seeks comment on how the law's new broadband funding impacts existing USF programs and on "improving its effectiveness in achieving the universal service goals for broadband." It also seeks comment on USF's contribution factor and any recommendations the commission should make to Congress for legislative action. Commissioner Brendan Carr was the only commissioner to release a statement, saying USF is "stuck in a death spiral." Carr again said Big Tech should pay into USF (see 2106010041).
Senate prospects for confirming NTIA administrator nominee Alan Davidson remained murky Thursday, as chamber leaders continued to haggle over how many of President Joe Biden’s nominees they would have to invoke cloture on before final votes and who they would be able to bundle together in a package to clear via unanimous consent. Senate leaders faced pressure to reach a deal on nominations this week instead of returning in the days before Christmas, given expectations that talks on the Build Back Better Act budget reconciliation package will drag on into 2022. “I think he’s going to make it” through confirmation “before the first of the year,” said Senate Commerce Committee ranking member Roger Wicker, R-Miss., in an interview. Biden would need to renominate Davidson in January absent confirmation because all presidential nominations expire at the end of the 117th Congress’ first session. Senate Commerce cleared Davidson Thursday on a voice vote, with three Republicans asking to be recorded as no votes (see 2112150069). Others were less optimistic. “We’re trying” to set either a vote on Davidson or put him in the UC confirmations package, committee Chair Maria Cantwell, D-Wash., told us. “I haven’t seen [Davidson’s] name in any of the proposed lists of folks” the Democrats “want to get done,” but “I can’t say for certain” he won’t be added, said Senate Minority Whip John Thune, R-S.D. Thune, also Communications Subcommittee ranking member, was one of the three Republicans who voted against Davidson but is believed unlikely to block floor progress on the nominee.
The FCC Public Safety Bureau activated emergency response measures for 17 counties in Kentucky, after the recent tornado strikes, said public notices and releases through Wednesday. The disaster information reporting system was turned on Tuesday. The bureau issued PNs on emergency contact information for licensees that need special temporary authority and on 24-hour availability of staff. A PN reminded essential personnel about availability of priority telecom services overseen by the Cybersecurity and Infrastructure Security Agency for when local networks are damaged or congested: Entities working in emergency response that haven’t enrolled should consider participating in PTS. No public safety answering points, TV stations or radio stations were listed as out of service in Wednesday's DIRS report. It listed 24,817 cable and wireline subscribers as without service, and 0.8% of cell sites in the affected counties as down.