The FCC, not NTIA or other agencies, is final word on commercial use of spectrum and the sole arbiter of what constitutes harmful interference under federal law, said Public Knowledge, Access Humboldt, Benton Institute for Broadband & Society and New America's Open Technology Institute in a docket 11-109 posting Monday. They responded to NTIA's lack of endorsement of Ligado's sought-after license modifications (see 1912090011). The signers urged FCC approval, saying lack of technical justification for the concerns "appears to be a classic case of spectrum NIMBY." The 1 dB standard interference measure DOD and NTIA proposed is contrary to FCC precedent and its approval would discourage federal agencies from "endless delays on the basis of vague concerns [and] an utter absence of substantive engineering analysis," they said. Ligado in a posting to be filed said Ericsson and Nokia L-band technical studies point to Ligado spectrum helping tackle coverage challenges of high-frequency 5G deployments. The Competitive Enterprise Institute, Citizens Against Government Waste, FreedomWorks, Taxpayers Protection Alliance, American Enterprise Institute Visiting Scholar Roslyn Layton and Center for Growth and Opportunity Senior Director Christopher Koopman urged Ligado license modifications approval. That will "send a clear signal to the world that the U.S. is a force in 5G," says their coming filing. They said numerous agencies in numerous spectrum proceedings have tried to block spectrum being made available in the market but the FCC "has the authority -- and the responsibility -- to take decisive action."
Oral argument on challenges of FCC wireless infrastructure orders will be split in two to separate out the one-touch, make-ready order. The 9th U.S. Circuit Court of Appeals granted the local governments' request (in Pacer) Friday (see 1909250017). The moratorium and small-cells orders will be argued together, with 40 minutes each for challengers and the defendants; on the OTMR order, each side will have 15 minutes, the court said. Argument is Feb. 10 in Pasadena (see 1912020018).
The FCC Consumer and Governmental Affairs Bureau wants to strengthen truth-in-billing rules to ensure "all consumers are provided with the basic information they need to make informed choices in a competitive communications marketplace," said a Friday public notice for docket 98-170. The bureau will seek comment to address proposals from previous NPRMs that extend truth-in-billing rules to providers of interconnected VoIP services and require all voice carriers separate government-mandated charges from other charges on consumers' bills. Goals are to "identify concrete and cost-effective rules that will ensure that all voice service consumers fully understand the charges on their bills, including whether line items recover a service provider's own costs or those related to government programs." Comments are due 30 days after publication, replies 30 days later.
FCC auction of licenses in the 37, 39 and 47 GHz bands hit $1.9 billion Friday, after four days, nearing the record for a high-band auction. The 24 GHz auction ended May 28, with $2 billion in net bids. The current auction continues Monday with three rounds.
Revisit the latest net neutrality ruling, industry and other stakeholders asked the U.S. Court of Appeals for the D.C. Circuit in Friday petitions for rehearing and rehearing en banc in Mozilla v FCC, No. 18-1051. In October, the court upheld much of a 2018 FCC net neutrality partial rollback (see 1910010018). Mozilla filed (in Pacer) with Etsy, Incompas, Vimeo and the Ad Hoc Telecom Users Committee. "Mozilla's petition focuses on the FCC's reclassification of broadband as an information service and on the FCC's failure to properly address competition and market harm," the company blogged Friday. It said "the court should have done more than simply criticize the FCC's assertion that existing antitrust and consumer protection laws are sufficient to address concerns about market harm without engaging in further analysis." The National Hispanic Media Coalition asked (in Pacer) the D.C. Circuit uphold judicial precedent by properly reviewing procedural rulings and agencies' obligations under the Administrative Procedure Act. Exclusion of consumer complaints from the public record and the FCC denying the ability to review them "requires the commission's reclassification ruling to be vacated," NHMC said. The group requested tens of thousands of consumer complaints in 2017 under the Freedom of Information Act (see 1709150031). New America's Open Technology Institute, Free Press, Public Knowledge, the Center for Democracy & Society, Computer & Communications Industry Association and the National Association of State Utility Consumer Advocates said an NPRM failed to propose Communications Act Section 257 legal authority the agency used to justify deregulation. “We were pleased with the D.C. Circuit’s decision upholding our return to a light-touch approach to regulating broadband," an FCC spokesperson emailed. "We are confident that decision will stand and that we will continue to have a free and open Internet.”
The FCC eighth floor has no strong thoughts about NTIA’s lack of recommendation for Ligado’s license modifications and its saying the spectrum isn’t needed for 5G (see 1912090011). Chairman Ajit Pai after Thursday’s meeting that FCC engineers are trying to “figure out a way forward” on the L band. He didn’t address the NTIA stance or time frame for his agency to act. Commissioner Jessica Rosenworcel said she’s still digesting it. Commissioner Geoffrey Starks said it was “very curious” given the frequent drumbeat for the need for more midband for 5G.
The increasing use of IoT technologies over the next few years creates new challenges for FCC oversight over RF measurement, Office of Engineering and Technology Chief Julius Knapp said during Wednesday's Practising Law Institute conference. Because the advanced technologies don't necessarily allow their batteries to be swapped out every few weeks as they run down, new RF safety issues must be addressed as IoT devices rely on wireless power transfer to recharge. It's very easy to track RF in cellphones through standardized measurements, he said. Newer IoT devices can focus energy into very small areas, "but you can't see it," so it's hard to know where to measure, Knapp told us. "If you can't see it, how many spots do you have to measure?" Knapp is retiring early next year (see 1911270055), and was heralded at the PLI conference Wednesday and with a standing ovation Tuesday at the FCBA Chairman's dinner (see 1912110042). An NPRM last week on RF has questions on wireless power transfer (see 1912040036), Knapp said. Advanced applications of wireless power transfer can provide charging from a transmitting unit to one or more receiving units at distances of a meter or more while the receiving unit is in motion, the NPRM said. It seeks comment on the proposed definition of wireless power transfer devices that transfer electromagnetic energy between a power transfer unit and receiving unit.
New Street’s Blair Levin clarifies the documents that could help prove states' case are those first being discussed in court and not previously filed as part of FCC or DOJ review of T-Mobile buying Sprint (see 1912100029).
As voice providers implement signature-based handling of asserted information using tokens/secure telephony identity revisited (Shaken/Stir) to combat robocalls, they should maintain customer service and other resources to help consumers and call originators on call labeling. That's among recommendations the FCC Consumer Advisory Committee unanimously approved Wednesday without discussion. The Caller ID Authentication Working Group also recommended the commission do studies with stakeholders, including industry and consumer groups, on what factors providers should consider in displaying caller ID information to consumers; collaborate with stakeholders to educate consumers “about how caller ID services, consumer display practices, and other measures can respond to evolving illegal and unwanted robocaller tactics”; continue evaluating how to encourage voice service providers to continue “innovating and improving caller ID services”; and develop webpages and educational campaigns using simple language for implementation. It recommended voice providers “clearly and proactively” inform consumers about caller ID services they offer. Commissioner Mike O’Rielly warned CAC about “unintended consequences” of government intervention. “Many robocalls are beneficial to the public,” he said in a recorded video. "No one should want to block” robocalls from doctors, pharmacies or schools, O’Rielly said. Chairman Ajit Pai still expects major voice providers to implement Shaken/Stir by year-end. “If they don’t, we will be taking action,” he said. He again noted “no silver bullet” exists to prevent all robocalls and “we have to take a multipronged and multistakeholder approach” (see 1907110023). The WG spent time gathering information, including researching reports of robocalls and hearing presentations from AARP, AT&T, CenturyLink, ATIS' Secure Telephone Identity Governance Authority, T-Mobile and TNS, said Michael Santorelli, the group’s co-chair, who's deemed a special government employee. The CAC meeting also featured bureau updates, including on 5G, consumer-related legislation and precision agriculture. Kristi Thompson, Enforcement Bureau Telecom Consumers Division chief, gave an update on consumer scams and “scumbag telemarketing.” Combating fraud "is not only a good idea, but it is a necessity,” she said. “If consumers no longer value their telephone voice services … that’s an existential threat to the service providers.” Noting “we tackled the cramming problems” of unapproved charges on consumer phone bills, “now a trickle of what they were,” she said there's room for hope in fighting scams: “We can succeed again.”
FCC Chairman Ajit Pai pretended to be butt-dialed by ex-New York Mayor Rudy Giuliani (R), made fun of Commissioner Jessica Rosenworcel’s fondness for the word “ruckus,” and called 5G the “most overrated G since Kenny,” at the FCBA Chairman’s Dinner Tuesday evening. Walking out with a grocery bag in imitation of viral footage of GOP impeachment attorney Steve Castor, Pai opened the speech by loudly applying lip balm and laboriously filling his notoriously oversized Reese's coffee cup with water. Comparing the event to the impeachment hearings by calling it a “cult-like ritual in a Washington, D.C., basement,” Pai said FCBA event attendees were served steak, fish and salad, but deep Dish (Network) “can emerge as a viable fourth competitor”-- a reference to T-Mobile's plans to buy Sprint and make divestitures to that company. That deal is in court (see 1912110036). “If you haters think that joke is bad, buckle up, cuz it gets a lot worse!,” Pai told the crowd. FCBA said the event had 1,600 attendees. Pai said T-Mobile CEO John Legere is going to head the Wireless Bureau and hold staff meetings at the Trump International Hotel, and pretended the call from “Giuliani” couldn’t be connected because it was using Dish’s network. Dish Chairman “Charlie [Ergen] told me that would be up and running by now,” he said. Pai pointed out that former Commissioners Mignon Clyburn and Robert McDowell had both advocated for T-Mobile/Sprint. Clyburn argued that the deal would help address the digital divide, Pai said. "Rob thought it would get him quoted again in Comm Daily and TR Daily." Pai said the auto industry uses the 5.9 GHz spectrum the same way he “uses” his home treadmill as a laundry hanger, said Commissioner Brendan Carr wins awards only when Pai has a scheduling conflict, and imitated President Donald Trump by showing a picture of his own head photo-edited onto the body of movie boxer Rocky Balboa. Commissioners vote on a 5.9 GHz proposal Thursday (see 1912110056). Many of Pai’s jokes referenced Twitter memes, and he proclaimed that his proudest moments as FCC chair were a pair of his tweets riffing on the apparent on-air flatulence of Rep. Eric Swalwell, D-Calif. Pai also expressed interest in rumors about Secretary of State Mike Pompeo running for the Senate in Kansas and pretended to be dismissive of Democratic presidential candidate Pete Buttigieg while also pointing out their similarities. Buttigieg is a Harvard educated “super-nerd” who pretends to be a “folksy” everyman “from the heartland,” Pai said. “I don’t buy it, and you should not buy it, either,” he said.