The New York City Emergency Management (NYCEM) Department protested a Dec. 1 petition by CTIA seeking changes to the FCC’s new wireless emergency alert rules. Implementing embedded references mustn't be deferred past one year, as CTIA requests, the agency said. “Delaying support for Spanish-language Alert Messages would unnecessarily continue to [under serve] communities and if the Commission were to change the deadline to be concurrent with support for 360-character messages on 4G-LTE and future networks and devices, the deadline should be two years, not thirty months,” NYCEM told the FCC. “All devices, not only new devices, capable of receiving Alert Messages, should support embedded references, even if the device is not internet-capable.” The NYCEM filing was posted in docket 15-91. The FCC approved the rules in September over a partial dissent by Commissioner Mike O’Rielly, who highlighted industry concerns (see 1609290060).

The FCC listed dozens of major items and other significant proceedings that are under development or review and that pertain to the Regulatory Flexibility Act in Friday's Federal Register. The list -- compiled twice annually -- includes more than 70 separate docket items and their status.

Most GPS devices don't suffer lengthy signal reacquisition problems when in the presence of adjacent band LTE signals, said a Ligado-commissioned study it summarized in a filing Friday in docket 11-109. The study was done by Roberson and Associates and looked at 18 GPS devices made by Trimble, Topcon, NavCom, Motorola, Garmin and Furuno and how quickly they reacquired GPS signals both in and out of the presence of LTE signals of varying strengths and in different bands, said the filing. A variety of GPS companies signed off on Ligado's broadband terrestrial low-power service plans over the past year (see 1612060023).

Globalstar's revised terrestrial low-power service broadband plans got FCC commissioner approval, with the agency on Friday issuing an order for rules changes regarding terrestrial use of the 2473-2495 MHz band for low-power mobile broadband use. The revised proposal -- which has the company dropping its plans to use unlicensed spectrum (see 1611100031) -- went on circulation last week (see 1612190052) after numerous former opponents signed off (see 1612130020 and 1612090043). While the Hearing Industries Association last week said that it still needed more technical details regarding what kind of interference problems Globalstar's service poses for unlicensed users of the 2.4 GHz band (see 1612150041), the FCC in the order said that while there is a benefit to using weak Bluetooth signals for hearing assistance devices and other unlicensed devices operating in the spectrum, especially to preserve battery life, "this design choice does not warrant constraints on users of the spectrum outside the licensed bands." The agency also said that it repeatedly has made the point that unlicensed devices don't get protection from harmful interference and thus more tests to determine the interference susceptibility those devices face from operations in adjacent bands "are unwarranted." Globalstar CEO Jay Monroe said the company anticipates "a busy 2017 as we plan to put our terrestrial authority to use for American consumers and pursue similar authority internationally.” Commissioner Mike O'Rielly -- who was the subject of heavy Globalstar lobbying over the summer -- said in a statement he was "somewhat surprised by the path this proceeding took and the public spectacle that occurred earlier this summer. I did not expect to be the deciding vote on the item, as originally circulated, but once there I went about my normal review to understand the proposal's details and the concerns raised in the record. It was never my intent, nor do I believe that I was the cause of delay in reaching a decision regarding Globalstar’s original proposal. Moreover, it should be noted that I found a lot of merit in that request and did not foreclose the possibility of voting in favor of it under certain circumstances, until the new proposal was put forth." And Commissioner Ajit Pai, in a separate statement said that he opposed Globalstar's original proposal that would have "given [it] special rights to unlicensed spectrum in the 2.4 GHz band ... [departing] from our successful and long-standing policy of promoting innovative, shared access to these spectrum commons" but that the revised proposal eschews use of unlicensed spectrum while still giving the company more flexibility with its licensed spectrum.

Verizon continues to invest in its network, with $17.8 billion in capital spending last year, said Donna Epps, who directs Verizon’s domestic public policy team, in a blog post. “We remain committed to working with policymakers to keep Americans working to strengthen these vital communications systems,” she said. Policymakers at the state and local level “will also play an important role in the coming year,” Epps wrote. “Local leaders can help incent investment in broadband infrastructure -- like in Boston, where Mayor Martin J. Walsh announced a partnership with Verizon this year to replace the city’s copper-based infrastructure with a state-of-the-art fiber-optic network. FiOS became available to order in the first Boston neighborhoods earlier this month, less than eight months since the mayor’s announcement this past spring.” Congress also has a role to play and needs to update communications law, Epps said. “A lot has changed since the Telecommunication Act was updated last in 1996. Services most Americans take for granted today did not even exist then, and large portions of the law pertain to services that no longer exist or have become completely irrelevant such as competition for long-distance phone service.”

Oracle asked the FCC to rethink its ISP privacy rules, in a petition for reconsideration in docket 16-106. Oracle’s main complaint was that the FCC treats ISPs differently than edge providers, not subject to the rules. “The Order correctly recognizes that protecting consumer privacy online is ‘fundamental,’ but completely undermines that goal by handing Google the market to the obvious detriment of consumers,” Oracle said. Rules for ISPs that depart from the FTC’s guidelines will hurt competition, Oracle said. “The corresponding harm to consumers is clear from an examination of the Order’s benefits for Google,” Oracle said. “Google already has the ability to track virtually every movement of a consumer’s day through an Android phone or tablet. It has created a proprietary Android world to derive substantial economic benefit from advertising and -- perhaps even more importantly -- obtain access to huge amounts of personal data through search, location tracking, and other activities.” Google didn’t comment. The ISP privacy rules, approved 3-2 by the FCC in October (see 1610270036), are seen as a top target for reversal by FCC Republicans once they gain a 2-1 edge at the agency Jan. 20 (see 1611090034). The main criticism by ISPs has been that they now face different regulations from edge providers.

Amtrak asked the FCC to change the rules under which its Wi-Fi network operates so it can offer more robust service along its key Northeast Corridor (NEC). To keep up with customer demands, Amtrak is building a private trackside network along the NEC providing dedicated capacity in the UNII-3 band for Amtrak's Wi-Fi and other broadband-related services, Amtrak told the FCC in a petition. The network could achieve download speeds “measureable in hundreds of megabits per second,” but only if it can use the 5.1 GHz U-NII-1 band in addition to the spectrum it's using, the 5.725-5.825 GHz U-NII-3 band, Amtrak said. “The UNII-1 band could provide Amtrak with a second 80 MHz channel that takes advantage of the IEEE 802.11ac standard and that also assures consistency of coverage in a cost efficient manner,” the railroad said. But under FCC rules non-fixed operations in the UNII-1 band are limited to an output power of 250 mW with antenna gain up to 6 dBi. “Were Amtrak to operate at this power level, it would have to construct three times as many trackside stations to achieve the coverage it already achieves in the 5.8 GHz band,” Amtrak said. “This would dramatically increase Amtrak's capital costs, delay network deployment and otherwise undermine the business case for Amtrak's” network. Amtrak asks instead that it be allowed to operate in both bands under the same technical specifications. The requested waiver “poses no meaningful risk of aggregate interference to Globalstar's satellites in U-NII-1 band,” Amtrak told the FCC. “Even without the requested waiver, Amtrak estimates that it will need to construct less than 800 trackside stations to cover the entire NEC, which is de minimis when compared with, for example, the thousands of outdoor Wi-Fi access points that are or will be deployed in the U-NII-1 and U-NII-3 bands across the entire country.” Globalstar didn't comment.

Globalstar's revised TLPS plans now have four "yes" votes, with Commissioner Mignon Clyburn signing off Thursday, an FCC source told us. The plan already had backing from Chairman Tom Wheeler and commissioners Ajit Pai and Mike O'Rielly, the source said. One person with inside knowledge of the proceeding said Thursday the three votes triggered "must-vote" procedures with a deadline for the other commissioners to decide. An FCC official said it was the revisions to Globalstar's plans, and the subsequent withdrawal of opposition by numerous parties who had raised interference fears (see 1612130020), that led to the new 8th floor support. Globalstar's earlier TLPS plans had been opposed by Pai and Rosenworcel (see 1606030041), and what followed was months of ex parte meetings between the company and commissioners, with Globalstar doing a lot of A/B testing of alternate ideas, the FCC official said. Commissioner Jessica Rosenworcel is still undecided. The FCC source said Wheeler likely wouldn't have circulated the revised Globalstar plan without already having support lined up among fellow Democrats, though it also wouldn't be the first time he circulated an item without knowing the outcome. Globalstar didn't comment.

The Wireless Bureau approved a waiver of FCC 700 MHz buildout rules requested by Bresnan Communications, which plans to assign the three licenses, covering parts of Montana and Wyoming, to T-Mobile. Bresnan is a subsidiary of Charter Communications. “Grant will serve the public interest by enabling T-Mobile to rapidly bring new and advanced wireless services to the citizens of Montana and Wyoming, many of whom reside in remote areas where the entry of a new wireless carrier will increase competition and consumer choice,” the bureau said in a Wednesday letter to T-Mobile approving the request. Sen. Steve Daines, R-Mont., lauded the FCC action. Daines and Sen. Jon Tester, D-Mont., wrote the FCC in October pressing for approval of the waiver (see 1610070024). “Today’s announcement that T-Mobile will be able to expand their coverage to the underserved part of our state is great news for connectivity and the safety of Montanans on our roadways,” Daines said in a statement Wednesday. His office cited “months of hard work by Daines” to this end and the Nov. 30 meeting Daines had in Washington with T-Mobile CEO John Legere (see 1612020036). “T-Mobile is grateful to Senator Daines and the FCC for giving us the opportunity to expand broadband across Montana,” said Senior Vice President-Government Affairs Kathleen Ham in the statement. The Rural Wireless Association slammed the waiver, saying it was “baffled” by the decision. “In completely ignoring the purpose of the Acceleration Rule, the Bureau has established dangerous and harmful precedent for those living in rural areas by effectively negating the 700 MHz construction requirements and allowing speculators to obtain FCC licenses for the sole purpose of warehousing them until they are able to profit from a sale to an entity like T-Mobile that will then be given additional time to actually buildout the license,” RWA said in a news release.

FCC Chairman Tom Wheeler had to “postpone some of the next steps in this combined approach” on cybersecurity -- addressing “a combination of market-based incentives and appropriate regulatory oversight where the market does not, or cannot, do the job effectively” -- due to the “impending change in Administrations,” he told Sen. Mark Warner, D-Va., in a Dec. 2 letter released Wednesday. Warner will be ranking member of the Senate Intelligence Committee starting next year. “Addressing loT threats remains a National imperative and should not be stalled by the normal transition of a new president,” Wheeler told Warner. “I've attached an outline of a program that I believe would reduce the risk of cyber threats to America's citizens and businesses. This program includes collaborative efforts with key Internet stakeholder groups; increased interagency cooperation; and consideration of regulatory solutions by the Commission to address residual risk that cannot be addressed by market forces alone due to market failure.” That attached plan, a page and a half in length, is titled the 5G/IoT Cybersecurity Risk Reduction Program Plan and has three sections: one on Federal Advisory Committee/voluntary stakeholder engagement; one on leveraging interagency relationships; and final one on regulatory and rulemaking activities. The FCC should issue a notice of inquiry “to develop a record and identify residual risk in the IoT commons, with the goal of determining where market failure may exist in the ISP, network element manufacturer, and device manufacturer community” and nail down best practices, the plan recommended. Then the agency should issue an NPRM “to examine regulatory measures the FCC could take to help address cyber risks that cannot be addressed through market-based measures,” it said. “The NPRM could examine changes to the FCC's equipment certification process to protect networks from loT device security risks. … Explore the potential of a cybersecurity certification (possibly self-certification) to create a floor and identifiable risk relevant levels above the floor for device cybersecurity and a consumer labeling requirement to address any asymmetry in the availability of information and help consumers understand and make better decisions regarding the potential cyber risks of a product or service.” This month, an NOI sought comment on cybersecurity for 5G devices (see 1612160063), and the agency's Communications Security, Reliability and Interoperability Council met (see 1612210060). Wheeler had been seen as backing off of pursuing a vote on a draft that would set up framework for the commission to hold confidential meetings with communications sector executives aimed at providing assurances on the firms’ cybersecurity practices (see 1611300063). Wheeler also told Warner the FCC’s authority over broadband empowers its cybersecurity initiatives, and staffers are “actively examining cyber challenges presented by today's end-to-end Internet environment.” A senior Republican staffer for the Senate Commerce Committee recently questioned the FCC’s approach to cybersecurity under Wheeler (see 1612060074).