The 5th U.S. Circuit Court of Appeals on Thursday scheduled oral argument for Nov. 4 to hear Maurine and Matthew Molak's challenge (docket 23-60641) to last year’s declaratory FCC ruling clarifying that the use of Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2409190030). The court, meanwhile, dismissed on procedural grounds a second Molak case (docket 24-60446), asking the 5th Circuit to reject a July order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2409230024). The court dismissed the case, saying only that it lacked jurisdiction, as well as a motion by the couple to stay further proceedings, which was “denied as moot.” The FCC argued that the Molaks lacked standing to bring the case (see 2409190030) because they didn’t participate in the proceeding and hadn’t demonstrated “an actual or imminent injury-in-fact.” The FCC also argued that the case wasn’t ripe because the agency was still addressing reconsideration petitions, including one filed by the Molaks, whose 16-year-old son David died by suicide after he was cyberbullied. Argument in the school bus case will start at 1 p.m. at the 5th Circuit’s En Banc Courtroom in New Orleans.

SpaceX representatives met with aides to FCC Commissioners Geoffrey Starks and Brendan Carr on concerns about interference from high-power terrestrial operations in the lower or upper 12 GHz band. “Although SpaceX had hoped to find a way to have its next generation broadband service coexist with such a high-power terrestrial service, its prior filings and its study demonstrate that it cannot,” Space X said in a filing posted Thursday in docket 22-352 on the Carr meeting. The company raised the same concerns with Wireless Bureau and Office of Engineering and Technology staff (see 2409190022). EchoStar disputes those arguments (see 2409050040).

In the wake of Hurricane Helene, the FCC Wireless Bureau on Thursday approved a waiver for Google of rules that require environmental sensing capability systems to protect federal incumbents in Florida in the citizens broadband radio service band from harmful interference. The bureau on Wednesday approved a similar waiver for Federated Wireless (see 2409250048).

GCI representatives reported on meetings with aides to FCC Chairwoman Jessica Rosenworcel and staff from the Wireless Bureau and the Office of Economics and Analytics about 5G in Alaska. The state's “telecommunications environment is incredibly diverse and expansive, and lacks fulsome fiber connectivity,” said a filing posted Wednesday in docket 23-328. “Neither the Alaska Plan nor the proposed Alaska Connect Fund provided support that would have been adequate to deliver, in the case of the Alaska Plan, 4G LTE statewide at 10/1 [Mbps] or even 5/1 Mbps, or in the case of the Alaska Connect Fund, 5G at 35/3 Mbps or even 7/1 Mbps,” GCI said.

The FCC approved a spectrum swap between T-Mobile and Horry Telephone Co-op (HTC), said an order by the Wireless Bureau and Office of Economics and Analytics in Wednesday’s Daily Digest. T-Mobile and HTC agreed to exchange 20 MHz of HTC’s 600 MHz spectrum for up to 25 MHz of T-Mobile’s cellular spectrum in four counties in South Carolina. T-Mobile also acquired 10 MHz of HTC’s 600 MHz spectrum in two counties in North Carolina. Post-transaction, T-Mobile will hold 293-338 MHz, including 74 MHz of below-one-GHz spectrum, and HTC 92-137 MHZ, including 12-37 MHz below 1 GHz spectrum, in the South Carolina markets, the order said. T-Mobile would hold 390 MHz, including 76 MHz below 1 GHz, in the North Carolina counties. The FCC noted that only EchoStar objected, citing spectrum aggregation concerns. “Based on our review of the record and our market-by-market analysis, we find that the likelihood of competitive harm is low in the markets that are the subject of these transactions, despite T-Mobile’s increase in total spectrum holdings and low-band spectrum holdings,” the FCC said: “We disagree with EchoStar that the proposed assignments would disserve the public interest.”

Several law enforcement groups distanced themselves from Fraternal Order of Police (FOP) support for giving control of the 4.9 GHz band to the FirstNet Authority. “A labor group has endorsed a plan to transfer the 4.9 GHz spectrum band” to FirstNet, said a filing this week in docket 07-100. “In doing so, the organization has insinuated it speaks for the entire law enforcement community on this matter,” the filing said: “It does not.” The Major Cities Chiefs Association, the National Sheriffs’ Association, and three regional and state sheriffs groups made the latest filing. It doesn’t mention FOP, but a supporter of the filing indicated it was aimed at that organization's comments. “We want to be completely clear -- as members and supporters of the Coalition for Emergency Response and Critical Infrastructure (CERCI), we are completely opposed to the transfer of the 4.9 GHz band” to FirstNet, the filing said.

NCTA reiterated in reply comments this week the group’s advocacy of giving wireless providers six months to unlock handsets after they’re activated, not the FCC’s proposed 60 days (see 2409110019). While a handset unlocking mandate will be good for competition, the FCC should keep in mind the risk of fraud, NCTA said. “It typically takes a mobile wireless provider longer than 60 days to determine accurately whether a handset is subject to fraud or trafficking,” the group said: Comcast has described “why it can take five months or longer to confirm that patterns of missed bill payments and extensive periods of non-usage, the primary indicia of handset fraud, are attributable to trafficking.” Comments were posted in docket 24-186. In another filing of note, the American Financial Services Association (AFSA) agreed with comments that the FCC lacks legal authority to impose a mandate (see 2409240038). “An FCC mandate to unlock handsets before the installment plans are fully paid off would impinge on state law terms of service and financing agreements providers have with customers,” AFSA said. A mandate would also interfere with agreements between carriers and financial institutions “that offset some of the … financial risks associated with financing handsets for customers,” the group said: “Those agreements necessarily require wireless providers to lock handsets to the wireless provider’s service until the installment plan is paid off.” The Cloud Communications Alliance supported a 60-day requirement but said immediate unlocking would be even better. “As the record reflects, requiring unlocking has not impeded the offering of discount pricing plans for mobile devices either in the United States or in other countries,” the alliance said. “The unlocking requirements applied to Verizon have not prevented the company from offering discounts and, as it states in its comments, an industry-wide unlocking standard will not eliminate discount pricing.”

Lycamobile asked to withdraw a May petition seeking reconsideration of the FCC’s approval of T-Mobile’s buy of Mint Mobile and other assets from Ka’ena (see 2404250047). T-Mobile and Lycamobile recently told the FCC they resolved litigation and put their differences behind them (see 2409120012). The filing was posted Wednesday in docket 23-171.

The 7/8 GHz band will be a key band for 6G in the U.S., Veena Rawat, senior spectrum adviser to GSMA, predicted at the 6G Symposium on Tuesday (see 2409240032). An examination of additional bands for international mobile telecommunications was approved as an agenda item for the World Radiocommunication Conference in 2027, and 7/8 GHz is on the list, noted Rawat, who chaired the WRC in 2003. The reason for that agenda item is "the need for additional spectrum for 6G has been established,” she said. The 7/8 GHz band is “complex,” with government users, fixed satellites, meteorological satellites and other users. “Fixed you can work with,” she said, adding U.S. government users include DOD, NOAA and the FAA. Studies of 7/8 GHz are underway ahead of the WRC, Rawat said. “You need to know what your newcomer is, what are the characteristics of [the user], what are the parameters.” She added, “That’s the discussion we are having right now.” The studies will focus on protection of incumbents, not 6G, and the conditions under which the band can be shared, she said. Another band ITU is considering, with less promise, is 14.8-15.35 GHz, she said. “It’s good to discuss 14 GHz … but it’s kind of upper mid-band.” Rawat noted that the 600 MHz is being used for 5G worldwide, though not in the Americas, except in Mexico and Brazil. 7/8 GHz is among the bands the national spectrum strategy is studying and has been a top focus of carriers (see 2403120056). However you look at it, 7-24 GHz is “busy” in the U.S., said Tommaso Melodia, professor of electrical and computer engineering at Northeastern University. There is fixed wireless and fixed satellite, radiolocation services, radio astronomy and earth-exploration satellites use “and some of these services have pretty strict interference requirements,” he said. Open radio access networks and the ability to “observe” the network and use algorithmic controls will "potentially be an enabler for spectrum sharing.” ORAN can also enable sharing of information “between different systems, between even different technologies” and use increased data “to make decisions.”

Ligado urged the FCC to move forward on an order reallocating the 1675-1680 MHz band for shared commercial use licensed on a nationwide basis but limited to uplink-only use. The company noted that a NOAA report found that it's feasible to open the band to sharing with commercial uplink-only operations. The FCC sought comment on the band five years ago (see 2006010057). “In the years since the release of the NPRM, the record in this proceeding has come to reflect the substantial commercial potential of the band,” said Ligado's filing posted Monday in docket 19-116: “The record contains ample evidence for the viability of this approach.”