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).

The Dynamic Spectrum Alliance wants changes to draft 3.45 GHz auction rules that stress the importance of sharing, similar to those for the citizens broadband radio service band. CTIA urged the FCC to adopt the draft order and NPRM, with flexible-use licensees and "standard-power commercial use of the band.” Lobbying continued, with a vote scheduled for March 17 (see 2103090034). Filings were posted Wednesday in docket 19-348. “Adopt rules similar to the C-Band rules,” DSA said, suggesting as language to be added: “Nevertheless, we recognize the value of frameworks that foster innovation and opportunistic use, such as the CBRS rules, and we therefore commit to finding opportunities to adopt the CBRS framework elsewhere in the 3 GHz band.” The FCC proposes “an effective coordination regime modeled after the AWS-3 framework to facilitate coordination between new flexible-use licensees and incumbent federal operations, and it correctly avoids adding unnecessary complexity to 5G buildout by declining, for example, to authorize a use-or-share framework,” said CTIA and representatives from AT&T, T-Mobile, UScellular and Verizon, in calls with aides to all four commissioners. CTIA also sought tweaks. The association said the proposed two-step out-of-band emissions limit “would be unique to the 3.45 GHz band and to the United States, thereby requiring development of a radio specific to this band and risking slowing production and deployment.” CTIA urged instead "a -13dBm/MHz OOBE limit at the channel edge, which has proven successful in promoting deployment while protecting adjacent incumbents.” Executives from Comcast's NBCUniversal and Nexstar said the order correctly gives the five incumbent S-band digital Doppler weather radars “180 days to transition to the 2.9-3.0 GHz band after grant of new flexible-use Licenses,” which allows time “to procure, install, and test the new equipment necessary.”

Opening conversations on a “micro level” can be a catalyst for change in recognizing systemic racism and working toward equity and inclusion, said Kimberly Hulsey, a legal recruiter with Major Lindsey, during an FCBA webinar Tuesday. Ensure new associates have representation, equal access to assignments and clients, access to speaking opportunities and support for growth, said Wiley's Anna Gomez, who heads FCBA’s diversity and inclusion committee. “If management is very sincere about increasing the diversity, managers have to be tasked with that, and their compensation has to be linked to that,” said Hulsey. Employers must insist those they do business with are focused on equity and inclusion, said Clint Odom, T-Mobile vice president-strategic alliances and external affairs. Build a pipeline, so when a diversity hire on a law firm partnership track leaves, others are still on track, he said. “Your ability to hire people who are diverse is not constrained by Title 7 of the Civil Rights Act.”

Experts welcomed a proposed FCC notice of inquiry on open radio access networks during an Open RAN Policy Coalition webinar Wednesday. The draft NOI, set for a vote March 17 (see 2102240063), will help “white board … what these opportunities are” and figure out gaps, said Jayne Stancavage, Intel global executive director-digital infrastructure policy. “It is an important step to sort of gather these thoughts.” The world won't necessarily be divided into two 5G -- one built on ORAN and another on equipment from the major Chinese carriers, she said. “The operators are taking different steps on different timelines, and some will go one path, some will go another,” Stancavage said: “Some might go with traditional architecture.” Uptake rates will vary, she said: Variations on when enough spectrum is available for 5G will mean different timelines. As ORAN becomes more prevalent, Huawei and ZTE will also likely incorporate it, said Christopher Roberti, U.S. Chamber of Commerce senior vice president-cyber, intelligence and security policy. Government funding of ORAN research would help accelerate deployment, said Mehran Hadipour, Robin vice president-business development and tech alliances: “It would really open the floodgate … and get a lot more ORAN infrastructure in place. You have to reduce the transition costs by creating open standards … then also add models that bring incremental revenue.” Roberti wants funding from Congress: “The administration should continue to foster open, public-private dialogues … with like-minded governments.” The launch of 4G “was the dawn of Netflix and Facebook,” Roberti said. “With 5G, we’ll have to see.” There will be gradual growth and then “a huge explosion … things that we can’t imagine right now, but we won’t be able to live without in two years,” he said. Providers are trying to figure out how ORAN fits with the way they deliver service, Hadipour said. “It’s beyond just deploying antennas and ORAN infrastructure on top of that,” he said: “It has really become, 'How can I integrate this new model and technology into my infrastructure?’”

Former FCC official Adonis Hoffman declined a nomination for Tegna’s board over professional conflicts of interest, as well as a 2014 incident at a hotel where Tegna CEO Dave Lougee mistook Hoffman, who is Black, for a valet, according to SEC filings and a statement submitted to Standard General. “The conflicts were primary” in refusing the nomination, and “the incident was a matter of principle,” Hoffman told us via email. “I have serious concerns whether Lougee and I could function as colleagues at TEGNA or afford each other the level of professional comity and respect required of a well-functioning board.” Lougee explained in a letter to Tegna employees, filed with the SEC: “As I was leaving the event and looking for my car, I ran into Mr. Hoffman and mistakenly thought he was a hotel valet. Mr. Hoffman was understandably offended and upset. I immediately apologized to him and felt terrible. I don’t condone racism of any kind, I take full responsibility for this mistake, and am truly sorry for the pain I caused Mr. Hoffman.” Hoffman said the conflicts stem from his having served as a strategic adviser to media and broadcasting companies, some of which are direct competitors to Tegna. “Based on TEGNA’s previous response to other well-qualified directors, I am under no illusion that Lougee would do whatever necessary to derail my election to the board,” Hoffman's statement said. Tegna’s board faced internal conflicts last year (see 2003310054). “Whether that would be based on the adversarial nature of the proxy process or Lougee’s demonstrated cultural insensitivity does not really matter,” he said. Tegna’s board hired an outside law firm to interview Lougee about the incident and did a human resources review of his file, it said in a letter sent to us by a spokesperson. “No information has come to our attention in connection with this review or otherwise suggesting Dave has ever been accused of any incident of a similar nature,” Tegna said. “Nevertheless, we care about even one such incident and view this as a reminder of the importance of continuing down the path of our strong commitment at TEGNA to issues of diversity.”