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.”
The Intelligent Transportation Society of America and American Association of State Highway and Transportation Officials pressed President Joe Biden’s administration Thursday to “submit a proposal to Congress” to reverse the FCC November vote to reallocate the 5.9 GHz band for Wi-Fi and cellular vehicle-to-everything (see 2011180043). “The FCC’s proposal would cede American leadership” on V2X technology “as countries around the world are building out their V2X networks,” the groups wrote Transportation Secretary Pete Buttigieg, Commerce Secretary Gina Raimondo and National Economic Council Director Brian Deese. “If implemented, the NPRM would undercut the public and private investments that have been made in the United States, stifle further innovation, and challenge American global competitiveness.” The FCC’s “approach is in direct conflict with efforts underway in other parts of the world,” the groups said.
FTC temporary suspension of early termination doesn’t apply to certain scenarios when an ET is granted “after the investigating agency has issued a Request for Additional Information,” the FTC clarified Friday (see 2102080070). With DOJ’s support, the commission clarified the suspension won’t apply to at least two circumstances involving “second requests.” Agencies will still grant ET when they issue second requests but “determine through investigation prior to the parties’ substantial compliance with the Second Request that the transaction is unlikely to substantially lessen competition.” Agencies will OK ET “when parties receive a Second Request, but then work with the agency to negotiate a Consent Agreement."
The FCC will likely move forward on a Further NPRM allowing very low-power use of the 6 GHz band outdoors without automated frequency coordination, said Alex Roytblat, Wi-Fi Alliance vice president-regulatory affairs, on an alliance webinar Thursday. Then-Chairman Ajit Pai declined to seek a vote before leaving in January (see 2012180057). Roytblat said the change in administrations slowed FCC work on the rulemaking, approved 5-0 in April (see 2004230059). Review “is ongoing,” and the agency recently asked additional questions about client-to-client devices (see 2102230056), Roytblat said. “They are moving forward,” he said. “Once the leadership at the FCC is stabilized, we hope that this would come back as a priority item.” Brazil allows such low-power operations, and the U.S. shouldn’t be “left behind,” he said. Alliance officials didn’t discuss the legal challenge to the rules (see 2102160082), which acting Chairwoman Jessica Rosenworcel mentioned last month when asked about the status (see 2102170049). Approaches on 6 GHz vary, with a few countries considering only licensed use, Roytblat said. In Europe, 500 MHz of 1,200 MHz is being offered for Wi-Fi, he said. Some countries are taking a “staged approach” waiting to make decisions beyond an initial 500 MHz, he said. Broadcom, Intel, MediaTek and Qualcomm chipsets and end-user devices are certified for Wi-Fi 6E, which uses the 6 GHz band, said Nick Sargologos, alliance senior product manager. Seven of 12 new routers premiered at January's CES use 6 GHz, he said. Smartphones, PCs and laptops with Wi-Fi 6E chips are expected to start shipping this quarter, he said, with TVs and virtual reality devices certified by midyear. The swath provides 160 MHz-wide channels, Sargologos said. Only two similarly wide channels are in 5 GHz, versus seven at 6 GHz, he said. He said all Wi-Fi 6E devices must work with earlier generations.
T-Mobile and AT&T countered Dish Network arguments on FCC rule changes for a 3.45 GHz auction (see 2103090034), aligning them more closely with citizens broadband radio service rules. Filings were posted Thursday in docket 19-348. Others also made arguments before Wednesday’s sunshine notice. T-Mobile cited “DISH’s history of enriching itself while delaying the deployment of spectrum and services.” Dish proposes changes “that would limit competition in the auction for that spectrum and … relax the proposed build out requirements in a way that would delay deployment,” T-Mobile said. The proposal “would enable DISH to acquire the spectrum at artificially depressed prices without any legitimate justification or demonstrated ability to put it to prompt use,” AT&T said. AT&T supported Dish arguments in favor of a “coherent spectrum-aggregation policy,” saying “every provider needs nationwide mid-band spectrum in large contiguous blocks to compete effectively.” Dish didn’t comment. OnGo Alliance representatives raised concerns about interference for CBRS band users, in calls with aides to acting Chairwoman Jessica Rosenworcel and Commissioner Nathan Simington. They discussed problems for CBRS environmental sensing capability providers from “uncoordinated” 3.45 GHz operations and the need for “coordination rules,” the group said. ARRL, which represents amateur radio operators, urged the FCC to allow amateurs to continue using 3.3-3.5 GHz, in calls with commissioner aides and staff from the Wireless Bureau, Office of Engineering and Technology and Office of Economics and Analytics. “Amateurs have applied their technical expertise -- much of it acquired through self-training -- to use the bits and pieces of spectrum in the 3400 MHz band that are not used by the primary operators,” the group said. Ericsson urged rethinking the proposed two-step out-of-band emission limit, in calls with Office of Engineering and Technology and Wireless Bureau staff. “It would force the development of unique, U.S.-only products for the 3.45 GHz band, and would preclude use of globally harmonized … base station equipment,” the company said. “Extending elements of the CBRS framework is the best way to make the 3.45-3.55 GHz band available to a wider variety of users and use cases,” the Open Technology Institute at New America told Rosenworcel aides.
Acting FCC Chairwoman Jessica Rosenworcel is "anxious" to develop new broadband data maps, said Jean Kiddoo, who will head the commission's new broadband data task force (see 2102170052), during an FCBA event Thursday. The agency has identified a vendor to assist in the data collection and database for serviceable location fabric, and "it will be an FCC system," Kiddoo said. The fabric will combine all locations where fixed broadband is available and where it can be installed. "That is beneficial for everybody," said Lynn Follansbee, USTelecom vice president-policy and advocacy, because it will be a "living, breathing database" that providers and consumers can access. "This can be transformative in ways that you can't imagine," said AT&T Assistant Vice President-Federal Regulatory Mary Henze. Questions on how to file data can be sent to broadbanddatainquiries@fcc.gov. The Office of Economics and Analytics will issue a public notice announcing the initial filing deadline at least six months in advance, said Chelsea Fallon, broadband data task force chief implementation officer. Providers must have a corporate officer and qualified engineer certify accuracy. If one person is designated as both roles, one certification is needed, Fallon said. Fixed wired and satellite providers must submit polygons or lists of locations where they have service and where they could provide service within 10 business days of a request, with no charges or delays resulting from extending their network. Wireless providers must submit coverage maps for 3G, 4G LTE and 5G-NR data and voice coverage. The task force will accept third-party submissions. Those challenging a provider's availability data must include a certified submission of key information about locations and a basis for the challenge. Providers have 60 days to respond, either by agreeing within 30 days to remove a location or by resolving with the challenger. Providers responding to challenges must show availability by a preponderance of evidence. Nonconsumer challenges must show lack of availability by clear and convincing evidence. The goal is to resolve any challenges within 60 days, said Rural Broadband Auctions Task Force Deputy Chief Kirk Burgee.
The FCC has "more good stuff to come with the E-rate program," said acting Chairwoman Jessica Rosenworcel during The Hill's event Wednesday. The $7 billion approved by Congress in the latest COVID-19 relief bill expected to soon become law (see 2103100065) will "help update" the program, she said. State and local officials can help that effort by identifying how many students lack access as the commission works to improve broadband data maps, she added.
The Competitive Carriers Association said in a filing on the FCC Rural Digital Opportunity Fund that it's "not a party" to the Ensuring RDOF Integrity Coalition's request, "does not endorse the request, and was not consulted prior to its name being used" (see 2103080042).