The push for opportunistic public access of channel 14's licensed and unlicensed portions -- as has been advocated by Public Knowledge and New America's Open Technology Institute (see 1603250042) and by the Wireless ISP Association (WISPA) (see 1606100048) -- is apparently motivated by the belief two wrongs make a right, commented Wireless Communications Association International (WCAI) Monday in docket 13-213. WCAI said Globalstar's terrestrial low-power service plans in channel 14 pose a big interference threat to Bluetooth, Wi-Fi, educational broadband service (EBS) and broadband radio service (BRS) spectrum. PK, OTI and WISPA don't try to address the evidence of interference, WCAI said. "Their position, in effect, is that if Globalstar can cause interference, Wi-Fi users should be allowed to, too." WCAI said if the FCC let anyone other than Globalstar use the 2483.5-2495 MHz band, that decision would have to be vacated since that "was neither proposed nor a logical outgrowth of anything that was proposed" in the Globalstar NPRM. Beyond that, WCAI said, the opportunistic access proposal "is, at best, half-baked," since details on how access would work and how it would be controlled to protect EBS and BRS aren't addressed. Any unlicensed use in the band must come after a public notice and opportunity to comment, WCAI said. PK, OTI and WISPA didn't comment Monday. In an ex parte filing Monday, WISPA recapped a meeting with Commissioner Jessica Rosenworcel aide Johanna Thomas, saying it opposes the draft Globalstar order on circulation because it seemingly grants the company conditional operating authority without any requirement for testing for adjacent-channel interference. WISPA said that would let Globalstar initially deploy TLPS "in 'safe' areas" and leave the FCC and public with little usable data at the end of the conditional licensing period about interference and degraded broadband service. Some commissioners have voted against the draft order (see 1606030041).
Globalstar and a critic of its broadband terrestrial low-power service (TLPS) proposal, the Wireless ISP Association (WISPA), made their cases in recent days to eighth-floor FCC staff. Globalstar CEO Jay Monroe and General Counsel Barbee Ponder were among company representatives who met with Chairman Tom Wheeler aide Edward Smith to make the case for TLPS permission, the company said in an ex parte filing. And in a conversation with Commissioner Mike O'Rielly's staff recapped in an ex parte filing, WISPA said the draft order doesn't tackle its primary concerns about a lack of any guard band between channels 11 and 14, which raises the likelihood of interference to fixed wireless ISPs. WISPA said the draft order apparently gives Globalstar conditional operation authority without the need for testing for adjacent-channel interference. That lets Globalstar initially deploy TLPS "in 'safe' areas (and perhaps even indoor only)" during the conditional license period, and meanwhile undercuts any ability to determine at the end of that period how much wireless ISP customers are affected, the group said. The draft order should be amended to give Globalstar an experimental license that requires it to do cooperative lab and field testing against outdoor devices to gauge channel 11 interference, WISPA said: Or if the FCC approves the draft order, it said, it should be required to vote whether to give full TLPS authority at the end of the one-year conditional term, with that vote based on such testing. If the FCC goes forward without a required testing regimen, WISPA said, it should consider allowing channel 14's licensed and unlicensed portions be available for opportunistic public access. Public Knowledge and New America's Open Technology Institute have been pushing that provision before the FCC (see 1603250042). Some commissioners have voted against the draft order (see 1606030041). The filings were posted Friday in docket 13-213.
Any interference exclusion zones around fixed satellite service earth stations in high-frequency spectrum should be determined using technical analysis/parameters already offered by CTIA member companies, CTIA said in an FCC filing. “The Commission should reject use of any static or beyond worst-case modeling suggested by the FSS industry as overly conservative and inconsistent with real-world effects,” the association advised about fixed satellite services. “Prior to any new FSS earth station deployment in the millimeter wave bands, the new FSS entrant should coordinate with any affected terrestrial licensee (whether from prior auctions or the new auctions contemplated by the Commission). The terrestrial licensee should have a right of refusal of a new FSS system, so long as that refusal is based upon the technical analysis provided by the Joint Filers to the FCC and that its coordination efforts are made in good faith.” The filing is in 14-177 and other dockets. With a July order possible on sharing FSS 28 MHz spectrum with carriers for 5G, the satellite and wireless industries have been in disagreement (see 1606080061).
FCC Chairman Tom Wheeler named Wharton School business economics associate professor Katja Seim chief economist, effective July 1. Seim has written several papers on such issues as competition in the online market, said a Wharton webpage; the school is part of the University of Pennsylvania. Much of her published work isn't specific to the communications sector. But a 2011 paper looked at structural changes in the wireless industry from 1996 to 1998. “Entry causes an increase in the number of plans offered, both as a direct result of competition, and as an indirect result of the introduction of digital service that is marketed with more plan offerings,” the paper said. “In markets with more entry, incumbents and entrants spread plans more evenly over the usage spectrum and are more likely to lower prices. However, high-valuation consumers benefit more than low-valuation consumers as firms offer steeper quantity discounts in markets with more entry.” Seim replaces FCC staffer Jonathan Levy, who was acting chief economist and will return to his position as deputy chief economist. “In today’s world, it is vital that public policy and business economics are understood as interrelated fields,” Wheeler said in a Friday news release.
Verizon and its union workers will try to smooth their rocky relationship after the nearly seven-week strike by the company’s wireline workers, said Communications Workers of America President Chris Shelton. Members of the CWA and the International Brotherhood of Electrical Workers returned to work June 1 (see 1605310032). In an interview that was to be televised over the weekend on C-SPAN’s Communicators, Shelton said Verizon Chairman Lowell McAdam seemed surprised how bad things got, and expects the company “is truly going to try to improve that relationship now, because they realize a happy workforce is a good workforce.” Shelton said he is pleased with what the unions got in the final agreement. “The strike from our point of view was about one thing and one thing only -- jobs and job security,” he said. “We managed to come out of it with what we wanted.” It wasn’t about money, since workers were paid well, but rather taking back jobs from contractors and offshore workers, he said. “No matter what you’re making, if you don’t have a job, it doesn’t matter.” He estimated the strike's resolution means 1,500 new jobs for the unions. Shelton conceded the unions made healthcare concessions worth millions of dollars, “but we were willing to do that" since January, he said. Asked about the presidential race, Shelton took a dig at GOP presumptive nominee Donald Trump. He claims to represent the working class, but “it’s kind of hard for me to understand how a guy who is a billionaire is the working-class candidate,” Shelton said. “Donald Trump’s message is probably a lot like mine, but I don’t know if Donald Trump believes that message.” The union head previously endorsed Sen. Bernie Sanders, D-Vt. If Sanders exits the race, Shelton said he will shift allegiances to “the only place we can go -- Hillary Clinton,” the Democrats’ presumptive nominee. “If the choice is Hillary Clinton and Donald Trump, there’s no choice for my members," said Shelton. "If Trump gets elected, not only is labor in trouble, this country’s in trouble.”
A federal court set Sept. 13 oral argument on Neustar's challenge to an FCC order that gave Telcordia the inside track to be the next local number portability administrator. The composition of the three-judge panel to hear the case will be revealed 30 days before oral argument, said a short order Wednesday of the U.S. Court of Appeals for the D.C. Circuit (Neustar v. FCC, No. 15-1080). A Neustar spokesperson said, "We are pleased to see that oral argument has been scheduled for early fall." The FCC had no comment. Neustar and the FCC made their arguments last fall (see 1509210040, 1510290029 and 1511270033) and briefing closed in December. Asked about the D.C. Circuit's delay in setting oral argument, Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman, who is not involved in the case but is a longtime court watcher, told us “it does seem to be a little slow, but I’m not sure this is unusual.” The D.C. Circuit “stops hearing cases in late May. Unless there is some need for expedition, cases that don't make that schedule are heard in the fall, and the court doesn't start scheduling the new term until about now," he emailed. "This case is one of the very first cases being heard in the fall, so without knowing more, it could well be that it just missed the cut for the current term." But he also said two cases heard in May had briefing that wasn't completed until February or March, "so something might have held" up the Neustar case.
The FCC rechartered its World Radiocommunication Conference Committee and is soliciting applications for members, the International Bureau said in a public notice Thursday. The agency said the committee would focus in particular on international frequency spectrum issue advice and recommendations for the agenda of WRC 2019. The committee will meet two to three times a year in the District of Columbia, and members also would be expected to take part in working groups, IB said. The initial deadline for nominations is June 27, though the IB said it will accept committee membership applications on a rolling basis afterward, and nominations -- including qualifications -- can be submitted to WRC-19@fcc.gov.
Sharing the 28 GHz band between fixed satellite service (FSS) and upper microwave flexible use licensees requires restrictions on UMFU skyward emissions to protect satellite broadband service, satellite industry representatives told Edward Smith of Chairman Tom Wheeler's office, according to an ex parte filing Thursday in docket 14-177. The restrictions would either put an aggregate cap on skyward equivalent isotropically radiated power density or require the FCC to codify and monitor UMFU device certification matters such as off-axis EIRP, power control and antenna down-tilt, they said. The commission as soon as next month may vote on rules helping 5G use the 28 GHz band already occupied by FSS (see 1606070059). The satellite representatives also said any rules need to prevent interference to satellite receivers, protect existing FSS earth stations "and allow reasonable deployment" of new co-primary FSS earth stations. Meeting with Smith were officials from EchoStar, OneWeb, O3b, ViaSat, Inmarsat and SES. In a separate meeting with International and Wireless bureaus and Office of Engineering and Technology representatives and with eighth-floor staffers, Nextlink Wireless said if the agency changes the geographic areas for UMFU licensees in the 28 GHz band, those licenses should be based on partial economic areas (PEA), the end result being harmonized license areas for all new 5G licensees. County-based licensing "present[s] many financial and technical challenges for incumbents and new operators alike," such as requiring investments in additional radios, construction, fiber backhaul and location rents, meaning bigger challenges for licensees in deployment and possible inadequate populations to support ongoing activities, Nextlink said in a filing in the docket Thursday. It also said. with the FCC planning to license 600 MHz spectrum, which will likely be used for some 5G services, based on PEAs, that would create greater uniformity among 5G licensees' license areas.
Major trade associations urged the FCC to back off its broadband privacy plans focused on regulating ISPs and pursue harmonization with the FTC's privacy approach. CTA, CTIA, Mobile Future, USTelecom and the Wireless Internet Service Providers Association said FCC Chairman Tom Wheeler promised to listen and learn from the public and providers before adopting final rules. "Well, the public’s verdict on Chairman Wheeler’s plan ... is now in -- and the result is clear. An overwhelming majority of the expert comments filed to date have urged the FCC to change course," the groups said in blog posted Wednesday. Initial comments were due May 27; replies are due June 27. The groups said privacy experts questioned the FCC's approach; other experts demonstrated the proposed rules were based on a flawed premise; commenters warned consumers would be harmed; and business and tech groups highlighted economic and technical problems. "The record makes clear that the best course is for the FCC to abandon its flawed approach and harmonize privacy regulation for broadband providers with the well-established and effective approach implemented and consistently endorsed by the FTC and the Obama Administration for many years and that has both protected consumers’ privacy and fostered unprecedented innovation, investment, and broadband adoption," the groups said. "This is the core of the Consensus Privacy Framework first submitted by a wide range of industry participants to Chairman Wheeler in March, which is a more efficient, pro-consumer and pro-innovation alternative. Chairman Wheeler promised to review the record and listen to the public. If he is to keep that promise, the FCC must change course." Public interest groups want the FCC to take its own approach (see 1606080034). The FCC didn't comment Thursday.
The satellite industry took its argument that fixed satellite service (FSS) satellites need co-primary status with upper microwave flexible use for 5G sharing in the 28 GHz band to Commissioner Jessica Rosenworcel's office, said an ex parte filing Wednesday in docket 14-177. The satellite and wireless industries have split on co-primary status (see 1606020035). According to the filing, the satellite officials said FSS needs for co-primary status there are "a critical issue," necessitating grandfathering of currently licensed FSS earth stations and of new ones licensed or applied for before any local multipoint distribution service reauthorization and before the upper microwave flexible use auction. They also said additional FSS earth stations should be allowed on co-primary basis after the reauthorization and auction. For the 37/39 GHz bands, the satellite officials said the FCC should seek additional comment before adopting any rules. According to the filing, officials from Boeing, DirecTV, EchoStar, Intelsat, Iridium, Kymeta, Lockheed Martin, O3b, OneWeb, the Satellite Industry Association, SES, SpaceX and ViaSat met with Rosenworcel aide Johanna Thomas.