Wireless and satellite interests have very different opinions about docket 20-330 on geostationary orbit (GSO) fixed satellite service (FSS) downlinks in the 17.3-17.8 GHz band on a co-primary basis with incumbent services, based on replies posted through Friday. Initial comments also showed a split (see 2103040041). Due to concerns in the record about coexistence between GSO FSS downlink and terrestrial FS allocated in 17.7-17.8 GHz, there should be operational requirements for GSO FSS downlinks that protect incumbent fixed service from interference, Nokia said. AT&T said backers of a GSO FSS allocation haven't proved their claims that GSO FSS downlinks are indistinguishable from incumbent 17/24 GHz broadcast satellite service (BSS) downlinks. It said the FCC should defer consideration of new allocations until there's sufficient technical analysis to show GSO FSS downlinks can safely share with incumbent users of the 17 GHz band. If GSO FSS can share with incumbents, the FCC should ensure minimum orbital spacing and power flux density limits to protect incumbents and limit GSO FSS downlink earth stations to individually licensed gateways, AT&T said. Viasat said the comments show allowing GSO FSS downlinks would mean more efficient use of the band, and FCC-proposed technical rules would protect incumbent operations. SES, Hughes, Telesat, Intelsat, Eutelsat, Lockheed Martin and Thales said giving BSS uses priority over FSS uses would leave FSS operations unprotected if a BSS operator implements network changes that interfere with an established FCC facility, disincentivizing FSS use of the 17 GHz band. Amazon's call for a Further NPRM to consider allowing non-geostationary orbit networks to use the 17 GHz band got support from SES, Telesat (see here) and OneWeb (see here). AT&T opposed the FNPRM absent technical and feasibility studies showing a baseline capability to share with incumbents. CTIA said allowing NGSO and earth station in motion operations into the band "present[s] even more complicated challenges to coexistence with terrestrial services than GSO FSS operations and should be rejected."
Reinstate net neutrality "as a matter of urgency," tech companies led by Mozilla asked the FCC, the company said Friday. ADT, Dropbox, Eventbrite, Reddit, Vimeo and Wikimedia signed. "We support the efforts of the FCC to act upon its mandate and reinstate these fundamental user rights," they said.
A federal judge declined to force San Francisco to issue permits for T-Mobile infrastructure but barred the city from “imposing penalties or in any way preventing T-Mobile from proceeding with installations” for applications deemed granted because the city didn’t act in 60 days. In a Friday order (in a Pacer), Judge Susan Illston of the U.S. District Court in San Francisco partly granted the carrier’s motions for summary judgment and preliminary injunction. Illston disagreed with the city that the Spectrum Act violates the 10th Amendment’s anti-commandeering doctrine saying Congress may regulate only individuals. T-Mobile wanted the court to force San Francisco to issue a permit for deemed-granted applications, but Illston disagreed the law requires governments to do anything more than accept a carrier’s deemed-granted notice and not interfere with installations. "The FCC Spectrum Act only prohibits State or local governments from denying qualifying applications,” said Illston, citing a 2015 decision by the 4th U.S. Circuit Court of Appeals in Montgomery County, Maryland v. FCC. T-Mobile and the city didn’t comment now.
The FCC notice of inquiry on open radio access networks got changes in version approved 4-0 last week, versus the draft, starting in the section on increased competition and network vendor diversity, based our comparison. Officials say questions were added on adoption and other issues (see 2103170049). “We seek comment on whether and how the current market structure in the traditional RAN sector may impact or affect the deployment and adoption of Open RAN solutions,” the final version said: “How many options are available to carriers in selecting equipment manufacturers? How interoperable is this RAN equipment, if at all, with other hardware and software? Is this equipment or software proprietary? What restrictions, if any, do equipment manufacturers place on wireless carriers’ equipment choices or options?” The NOI now asks about “the effects of competition in the industry, and would transitioning to Open RAN resolve, ameliorate, or worsen these issues?” The final notice probes vertical supply chain relationships in the networking equipment market and “the potential effects of current market conditions on the demand for and deployment of Open RAN solutions.” Commenters are asked to “identify barriers to entry or market conditions that may affect or impede the deployment and adoption of Open RAN solutions now or in the future.” The NOI raises additional adoption issues: “If the benefits of Open RAN can only be realized by economies of scale, should the Commission provide funding or incentives to operators that choose to implement such systems in their wireless networks?”
A big change in the FCC 3.45 GHz auction public notice from the draft was dividing the spectrum into 10 MHz licenses, rather than 20 MHz, based on a side-by-side comparison. That means the agency will offer 4,060 new flexible-use licenses in October, twice the proposed. The order addresses complaints about the two-step emissions mask. “Some commenters have suggested that the two-step … limit we adopt here could present challenges for licensees,” the order said: “The Commission will continue to engage with NTIA and other Federal partners, as well as other stakeholders, on whether there are opportunities to relax this approach while still providing sufficient protection to incumbent users.” It's “specific to the 3.45 GHz band and we take no position on whether the two-step limit adopted here will be required to protect incumbent users in any future proceedings,” it said. The FCC stuck with deadlines of April 14 for comments, April 29 for replies. The order puts increased emphasis on opportunistic use of the spectrum, similar to what’s available in the citizens broadband radio service band: “There may be potential opportunities in the future to consider steps we might take, in cooperation with NTIA and other federal partners, to effect an overall rationalization of the non-federal services in the 3 GHz band.” Both were posted Thursday (see here and here) after being approved 4-0 Wednesday (see 2103170061).
The FCC gave Emprata a contract worth up to $1.5 million to provide "custom computer programming services" as the commission builds new broadband data availability maps, records show (see 2103110050). Emprata already received $399,495 for providing "data architecture and design support services."
FCC acting Chairwoman Jessica Rosenworcel circulated her proposal for the second round of the COVID-19 Telehealth Program, said the commission Wednesday. The $250 million program would establish a system for rating applications, factoring in the hardest-hit and lowest-income areas, and ensure "equitable nationwide distribution of funding." The proposal sets an application deadline instead of a rolling approval system and awards funding in two phases. "If the past year has shown us anything, it’s that telehealth technology is here to stay and can be a solution to help address inequities in access to health care services," Rosenworcel said.
If the FCC opts not to defend its cable local franchise authority (LFA) order before the 6th U.S. Circuit Court of Appeals (see 2103110023), "NCTA could and would do so," the group told the appellate court in a sur reply (in Pacer, docket 19-4161) Wednesday. It said being an intervenor would let it continue the proceeding without FCC participation. It said if the localities and others challenging the order dropped their petition, leaving the order "in legal 'limbo'" while the commission decides if wants to revisit it, NCTA would object to abandoning the appeal. "The straightforward statutory interpretation issues presented by this case are ripe for resolution," NCTA said, urging denial of the FCC's request for abeyance of the appeal proceeding. Asked by us about the cable LFA order abeyance request at a news conference after commissioner's Wednesday meeting (see 2103170061), acting Chairwoman Jessica Rosenworcel said the agency is reviewing all pending litigation, given the change in leadership and membership. She said the review is to ensure its legal positions "are exactly what they should be."
The FCC seeks comments by April 5, replies April 23 in docket 21-93 on how to best administer the $7.17 billion for schools and libraries in the American Rescue Plan Act (see 2103110037), a public notice said Tuesday.
FCC Commissioner Brendan Carr laid out a “road map” for actions he hopes the regulator will take this year on spectrum, during an American Enterprise Institute webinar Monday. He wants the FCC to finalize broadband maps this fall, suggesting it focus on relatively basic ones that could be finished more quickly. Until maps are completed, the FCC is “a bit stalled” on launching a Rural Digital Opportunity Fund Phase II or 5G Fund auction, he said: “Congress provided us a lot of funding … to get that job done. … Then if we want to add to those maps over time, we should.” Carr expects continuing problems and “tough calls” to make more federal spectrum available for wireless. He hopes “we end up with the right leadership to push forward.” Carr said that if the FCC returns to Communications Act Title II rules for net neutrality, 5G could suffer. “You may bless an individual use case, but you could cast doubt” on others, he said. The challenge in the 12 GHz band, the subject of a January NPRM (see 2101130067), is mainly “a technical one,” Carr said. “If we can get 5G terrestrial use in 12 and continue to get the public interest benefits that come from this new generation of low-earth orbit satellites, that’s great,” he said. “That’s what the engineering at this moment is sorting through.” Carr wants a federal lands desk at the FCC on siting issues: “There’s not a ton that we have authority to do with respect to federal lands,” but a desk “would at least give people on the outside a one-stop shop to bring their issues.” Complete work on the 6 GHz Further NPRM, allowing very low-power devices to operate at 14 dBm, Carr urged. Schedule a 2.5 GHz auction as soon as possible, he said, and launch a proceeding to look at updating rules for the U-NII-2C band (5470-5725 MHz). “Equipment manufacturers don’t even bother to include the band in many 5 GHz Wi-Fi devices.”