The FCC Wireline Bureau clarified pole attachment rules Wednesday in light of a 2018 infrastructure order, in response to a September CTIA petition (see 1909090051). “The imposition of a ‘blanket ban’ by a utility on attachments to any portion of a utility pole is inconsistent with the federal requirement that a ‘denial of access ... be specific’ to a particular request,” the bureau ruled. “While utilities and attachers have the flexibility to negotiate terms in their pole attachment agreements that differ from the requirements in the Commission’s rules, a utility cannot use its significant negotiating leverage to require an attacher to give up rights to which the attacher is entitled under the rules without the attacher obtaining a corresponding benefit.” The FCC addressed other parts of the petition in June, clarifying 3-2 rules for collocation of wireless infrastructure on existing cell towers (see 2006090060). “The clarity that this ruling provides will help ensure that the legal rights of providers seeking pole access to build out and upgrade their networks cannot be denied by pole owners” and will be “particularly beneficial for smaller providers,” said ACA Connects President Matt Polka. The Utilities Technology Council was disappointed by the ruling. “While the FCC has done tremendous work funding broadband projects across the country, it continues to focus on the myth that pole attachments are some kind of barrier to broadband deployment,” the group said: “Numerous studies have proven that pole-attachment costs and regulations have little to no impact on broadband or wireless deployment.”

The FCC Wireless Bureau said Tuesday it will refresh its record on the “serious threat” from contraband wireless devices used by inmates in correctional facilities. “Developing a more comprehensive and current record will facilitate an evaluation of potential next steps necessary to eliminate this challenging public safety problem,” the bureau said. Addressing the problem has been one of Chairman Ajit Pai’s top priorities, and in 2018, he convened the first in a series of meetings (see 1802050034). Comments will be due 30 days from Federal Register publication, replies 45 days, in docket 13-111.

The Utilities Technology Council, American Public Power Association and National Rural Electric Cooperative Association Monday asked the U.S. Court of Appeals for the D.C. Circuit to overturn the FCC’s April order opening up the 6 GHz spectrum band for unlicensed use. “Utilities and public safety entities use the 6 GHz band for mission-critical communications,” UTC said in a news release. “Despite numerous reports and submissions demonstrating the need for the FCC to act deliberately and carefully,” the FCC “approved an aggressive plan that will allow millions of new devices into the 6 GHz band without any proof or evidence that existing critical-infrastructure and public-safety communications will not be disrupted,” UTC said. Some other groups are also challenging the rules (see 2007240061).

CTIA and USTelecom got broad support for a June petition seeking regulatory relief on pro forma filings (see 2006050039). The paperwork is routine and involves a company assigning a license authorization from one wholly owned subsidiary to another, the two said then. In comments due Friday in docket 20-186, the American Consumer Institute Center for Citizen Research noted that, according to the petition, the FCC Wireless Bureau processes an average of 600 pro forma applications per year. “Pro forma transactions can strain resources for license holders, delay business decisions, and divert the already strained resources to comply with the onerous and unnecessary fillings and review procedures required for such transactions,” the group said. The burdens from existing filing requirements are “significant,” NAB commented. “A single non-substantial internal transaction can result in filing requirements that strain resources, delay business decisions and divert sparse resources,” broadcasters said. “Pro forma transactions are by their very nature non-substantive; the associated filing requirements ought to be as well,” Verizon said. “For companies like T-Mobile, with a complex ownership structure and numerous licensee subsidiaries, a non-substantive ownership change can require a large number of burdensome filings,” the carrier said. The rules permit post-closing notice of pro forma transactions for common carrier radio station licenses, submarine cable landing licenses, international authorizations and common carrier satellite and earth station licenses, T-Mobile said: They require prior approval of pro forma transactions including private radio licenses, some experimental licenses and licenses held by designated entities. The Land Mobile Communications Council said it “fully supports this common-sense proposal that will reduce regulatory burdens.” Markets are "the most efficient means of assigning radio operating rights,” wrote the R Street Institute.

The National Consumer Law Center and five other groups appealed to the FCC Friday the Consumer & Governmental Affairs Bureau’s June declaratory ruling Telephone Consumer Protection Act rules don’t apply to peer-to-peer texts to cellphones. NCLC and the Consumer Federation of America, Consumer Action, Electronic Privacy Information Center, Public Knowledge and the National Association of Consumer Advocates urged CGB last year to deny the P2P Alliance petition (see 1907120056). The ruling “repeatedly characterizes the statutory definition of” an automated telephone dialing system “in ways that deviate from the statutory language, and conflict with each other, with the Commission’s rulings, and with prevailing case law,” they said in docket 02-278. The decision “fails to reconcile its interpretation of an ATDS with recent decisions in” the 2nd and 9th U.S. Circuit Courts of Appeal. They said the decision “ignores the actual automated capacity of the P2P systems and fails to apply the TCPA’s fundamental principle that the definition of ATDS refers to the ‘capacity’ of the ‘equipment’ used by the caller, not on how the individual calls are sent out.” NCLC Senior Counsel Margot Saunders cited pandemic and election texts.

The FCC 6 GHz order opening the band to Wi-Fi and other unlicensed use (see 2004230059) doesn't protect all the various licensed users in the band, especially TV broadcasters, NAB said in a petition for review Friday. It asked the U.S. Court of Appeals for the D.C. Circuit to vacate and enjoin the order. The FCC didn't comment. APCO, which petitioned for reconsideration of the order (see 2005280047), told the FCC Friday it was dropping its recon petition (docket 18-295). APCO didn't comment further.

Dozens supported a proposal the FCC extend the Aug. 3 2.5 GHz rural tribal priority application window deadline (see 2007220021). The agency “declared broadband is needed ‘for every facet of daily life,’” the groups said in a filing posted Thursday in docket 18-120: “However, less than half of housing units on rural Tribal lands have access to broadband. … Unfortunately, approximately 80% of eligible Tribes will not be able to take advantage of this spectrum unless the FCC extends the deadline.” Access Humboldt, Access Now, the Benton Institute for Broadband & Society, Common Cause, First Nations Development Institute, Free Press, Incompas, Internet Society, Media Alliance, Mobile Beacon, National Hispanic Media Coalition, Schools, Health & Libraries Broadband Coalition, National Tribal Telecommunications Association and United Church of Christ were among signers.

The FCC Consumer and Governmental Affairs Bureau seeks comment by Aug. 4 in docket 10- 213 on tentative conclusions for the 2020 21st Century Communications and Video Accessibility Act biennial report to Congress, which the FCC has to submit by Oct. 8, said a public notice in Wednesday’s Daily Digest. The report tentatively finds accessibility and usability of many services and equipment have improved since the 2018 report but “continued gaps in the accessibility of feature phones to people who are blind, and a failure by some providers to make their apps accessible to screen readers,” said the PN.

Consumer and tribal groups asked the FCC to extend the 2.5 GHz rural tribal priority window deadline. Public Knowledge, the National Congress of American Indians, Amerind Risk Management and Southern California Tribal Chairmen’s Association filed an emergency motion for stay, said a Wednesday release. The pandemic “impacted American Indians and Alaska Natives on Tribal lands harder than any other community in America, a situation further aggravated by the lack of reliable broadband on Tribal lands,” the groups told the FCC: “Unless the Commission extends the Tribal Window, hundreds of eligible Tribal nations will miss this unique opportunity to provide 5G service to their people.” Chairman Ajit Pai told lawmakers in June the commission is watching the window and considering extending it past the Aug. 3 end date (see 2006300084). Commissioner Jessica Rosenworcel supported giving the tribes more time (see 2004290055). “My feeling from talking to the chairman's office is that it really is under consideration, so we remain hopeful,” PK Senior Vice President Harold Feld told us. One problem is that Rep. Tom Cole of Oklahoma is the only Capitol Hill Republican to support an extension, Feld said. “We need more Republicans to express support so this doesn't look like it's something partisan,” he said: “We had bipartisan support last year to ask the FCC to give a 180-day window rather than a 90-day window, which the FCC ultimately did, and … we need the same kind of bipartisan showing here.” The filing was posted Wednesday in docket 18-120.

The FCC exceeded its Communications Act authority by changing small satellite operators' (SSO) licenses, arbitrarily not compensating them for giving up C-band spectrum and unlawfully incentivizing other C-band incumbents, said parties challenging the commission's C-band order in a joint opening brief Tuesday (in Pacer, docket 20-1142) with the U.S. Court of Appeals for the D.C. Circuit. Appellants ABS, Empresa and Hispasat said the FCC created "a novel standard never before applied" when it said it permissibly modified the SSOs' licenses since they will have enough spectrum provide service to existing customers at their current level, even though the SSOs are new entrants. They said the commission didn't provide fair notice to the SSOs about its existing customers standard. Appellant PSSI Global said the Orbit Act prohibits the FCC from auctioning spectrum used for international or global satellite communications. Appellant SES didn't raise any arguments in the joint brief, which echoed PSSI arguments that SES' appeal should be dismissed (see 2007020017). The FCC emailed it "will continue to defend our order on the merits, and we look forward to the C-band auction beginning on December 8."