The FCC should seek comment on new developments in T-Mobile buying Sprint, including Dish Network’s waiver request and the DOJ consent decree, said the Communications Workers of America, Public Knowledge, New America Foundation’s Open Technology Institute and Consumer Reports to Commissioner Mike O’Rielly Thursday, per a filing posted Monday in docket 18-197. “Given the extraordinary nature of these developments, failure to seek public comment on these inextricably interrelated developments would be a violation of the” Administrative Procedure Act, the groups said. “The DOJ Consent Decree and the DISH waiver and extension requests represent significant changes to the original transaction and raise new and important public interest and competition issues.” Attorneys for T-Mobile had calls about the deal Wednesday and Thursday with an aide to Commissioner Brendan Carr, in response to questions from that office, said a filing. It described the conversations only as referencing the draft order and concerned with “several issues raised in the Applicants’ previous submissions and relevant to the Commission’s public interest and competition.”
The government told the 9th U.S. Circuit Court of Appeals an FCC pole attachment order complies with the Telecom Act and should be upheld. An American Electric Power and other electric utilities challenge to an August ruling/order barring local infrastructure moratoriums and revising pole-attachment processes is being heard as part of a broader challenge to last year’s infrastructure orders, in docket No. 18-72689 (see 1904180006). “Petitioners, a group of electric utility companies, contend that some of the Commission’s new rules are unlawful,” the regulator and DOJ said, posted Friday. “To the contrary, the challenged rules, which expanded on previous reforms, reflected a reasonable and carefully considered exercise of the agency’s authority under Section 224. Accordingly, the Court should reject petitioners’ claims and uphold the Order.”
The 9th U.S. Circuit Court of Appeals granted Qualcomm a partial stay Friday in its appeal of an FTC lawsuit over the company's alleged mobile chip monopoly (see 1907230045). The ruling affects portions of an earlier decision barring the chipmaker “from conditioning chip sales on the purchase of patent licenses.” The court also set oral argument on Qualcomm’s expedited appeal for January. The company believes the district court’s ruling will be overturned, said Executive Vice President Donald Rosenberg. The decision allows the company to “continue to invest in inventing the fundamental technologies at the heart of mobile communications at this critical time of transition to 5G.” The FTC looks forward to defending the district court’s decision, said Competition Bureau Director Bruce Hoffman, noting the agency will continue to monitor whether Qualcomm is meeting obligations. He noted other provisions remain in effect during appeal: “Qualcomm may not enter express or de facto exclusive dealing agreements for the supply of modem chips; Qualcomm may not interfere with the ability of any customer to communicate with government agencies; and Qualcomm must submit to compliance and monitoring procedures.”
The FCC Enforcement Bureau proposed fines against three wireless ISPs Thursday and warned industry on devices that apparently interfered with FAA terminal Doppler weather radar in San Juan, Puerto Rico. The bureau proposed $25,000 fines against wireless Boom Solutions, Integra Wireless and WinPR. The companies used unlicensed national information infrastructure (U-NII) devices for point-to-point communication operating in the 5.25-5.35 GHz and 5.47-5.725 GHz bands, the FCC said. Doppler radar uses the 5.60-5.65 GHz band. “The companies apparently misconfigured the devices by turning off a required feature that would have prevented the devices from causing interference to the FAA terminal doppler weather radar station at San Juan International Airport,” the agency said: “Interference to these weather radar stations, which are used to detect wind shear and other dangerous weather conditions, is potentially life threatening.” The WISPs didn’t comment. “Operators of U-NII devices must ensure certified devices are installed, configured, and operated in accordance with the Commission’s rules,” the FCC advisory said: “Proper operation of U-NII devices is particularly important when they are situated near terminal doppler weather radar stations and especially in the context of U-NII devices operated outdoors by" WISPs. The Wireless ISP Association said none of the companies is a member. “This is still a serious matter with potentially severe public safety consequences,” emailed President Claude Aiken: “WISPA has for several years educated its members on compliance with FCC rules, particularly the [Doppler radar] interference rules. We strongly encourage our members to stay in full compliance with all FCC rules.”
The FCC authorized $4.9 billion in federal subsidies over the next decade to maintain, improve and expand rural broadband for 455,334 homes and businesses as part of the alternative Connect America cost model (A-CAM) program. A report attached to Thursday's public notice details the annual support authorized for the 171 participating rate-of-return carriers in 39 states and American Somoa. At the high end, Golden West Telecommunications is authorized for $32.5 million in annual A-CAM support in South Dakota; Nemont Telephone, $13.6 million for Montana; and Hill Country Telephone Cooperative, $11.5 million in Texas. At the low end, North State Telephone is authorized to receive $6,800 yearly to provide broadband to all 36 locations within its designated North Carolina census block. The agency authorized broadband support to 44,232 homes and businesses in tribal lands.
The agreement DOJ extracted from T-Mobile/Sprint to sell off key assets to Dish Network so it can build a fourth national wireless network (see 1907260071) likely won’t work as planned, said John Kwoka, American Antitrust Institute senior fellow. The new T-Mobile has big advantages over Dish, Kwoka wrote Wednesday: “The merged firm has advantages in terms of information, control of assets, and pretextual excuses for what may appear to be non-compliance. It also has strong incentives not to aid its direct rival and make it into a more effective constraint on its own market position.” The settlement “fails the test of plausibly and predictably preserving competition in the U.S. wireless market,” he said: “It is anything but certain that Dish can successfully make itself into the fourth carrier that otherwise will disappear. Even if it does, it will be years before that happens.” Justice didn’t comment.
Comments are due to FCC Sept. 23, replies Oct. 7 on a Further NPRM in docket 19-195 that's part of an order establishing a digital opportunity data collection and modernizing Form 477 program. Commissioners OK'd the order Aug. 1 (see 1908070009). The agency wants recommendations on how to enhance the accuracy and usefulness of the data it uses to draw broadband maps, says a notice for Thursday's Federal Register.
The Commerce Department’s Bureau of Industry and Security tried to answer questions from stakeholders about standards organizations' activities that involve Huawei and about its BIS entity listing. It calls for licenses for any activities involving “the exchange, transfer, or other disclosure of technology or software that is of U.S.-origin or is otherwise subject to the” export administration regulations, BIS said Tuesday. Examples include: “participating in a non-public working or study group involving the exchange ... of such technology,” “participating in electronic exchanges within a standards body, by email or other means, that contain or attach such technology or software” and “releasing or otherwise providing access to blueprints, flowcharts, schematics, prototypes, or similar materials that contain such technology.” U.S. carriers using Huawei got more time this week to adjust to restrictions pushed by President Donald Trump involving the company (see 1908190040).
The FCC's Disability Advisory Committee will meet Sept. 24, the agency said in a public notice Tuesday. The second meeting of the DAC's third term will include reports and recommendations on TV listings for audio-described programming and real-time text integration with video relay services and compatibility with Braille displays. The meeting will be 9 a.m. in the commission meeting room.
Hughes and startup Virtual Network Communications announced a partnership to extend mobile network connectivity using an integrated combination of VNC's deployable LTE technology with Hughes Jupiter and HM satellite systems. The connectivity will support various applications for government, militaries, first responders and commercial mobile network operators, the companies said Tuesday.