Aides to the other three commissioners have been working with the office of acting Chairwoman Jessica Rosenworcel Monday on possible changes to a public notice proposing rules for an October auction in the 3.45 GHz band, said FCC and industry officials. The order is expected to be approved 4-0. It could get a few tweaks from the draft, officials said. They expected discussions to continue Tuesday.

An NPRM on emergency alerting and an order on sharing outage report information with state and local agencies are expected to be approved with few changes at the FCC commissioners' meeting Wednesday, likely unanimously, according to industry officials.

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.

“Move quickly” to grant licenses to winning bidders in the C-band auction to allow “rapid deployment” in the band, T-Mobile representatives urged aides to acting FCC Chairwoman Jessica Rosenworcel. Recognizing a 2.5 GHz auction is “unlikely” before the October 3.45 GHz sale, a filing posted Tuesday in docket 19-348 encouraged "the steps necessary to begin the 2.5 GHz band auction soon after the 3.45 GHz band auction concludes.” Temporary changes to allow E-rate funds for remote learning is a welcome step, but the commission should consider making the changes permanent, T-Mobile said (see 2102180020). The FCC's data collection order also "suffers from fatal flaws" and should be stayed "until the results of the [emergency broadband benefit program] are clear," if not reconsidered or vacated, the company added (see 2102260039).

“Move quickly” to grant licenses to winning bidders in the C-band auction to allow “rapid deployment” in the band, T-Mobile representatives urged aides to acting FCC Chairwoman Jessica Rosenworcel. Recognizing a 2.5 GHz auction is “unlikely” before the October 3.45 GHz sale, a filing posted Tuesday in docket 19-348 encouraged "the steps necessary to begin the 2.5 GHz band auction soon after the 3.45 GHz band auction concludes.” Temporary changes to allow E-rate funds for remote learning is a welcome step, but the commission should consider making the changes permanent, T-Mobile said (see 2102180020). The FCC's data collection order also "suffers from fatal flaws" and should be stayed "until the results of the [emergency broadband benefit program] are clear," if not reconsidered or vacated, the company added (see 2102260039).

Meetings make states hopeful about closer FCC rapport under President Joe Biden, said officials from NARUC and the National Association of State Utility Consumer Advocates in recent interviews. Local officials seek a louder voice at the federal agency. “The relationship between state commissions and the FCC over the last four years” under then-President Donald Trump was “less than an example of cooperative federalism,” said NARUC President Paul Kjellander. FCC acting Chairwoman Jessica Rosenworcel reacted favorably to states' hopes.

Congress, not courts, should decide net neutrality, said a federal judge Tuesday, ruling from the bench denying ISPs a preliminary injunction against California’s law (see our bulletin). “I don't find that the plaintiffs have demonstrated a likelihood of success on the merits at this stage of the litigation,” said Judge John Mendez on the motion by ACA Connects, CTIA, NCTA and USTelecom in case 2:18-cv-02684. This paves the way for the law to take effect, cheering fans of using Communications Act Title II to regulate broadband service, while industry plaintiffs agreed with the judge that Congress must step in.

A Wednesday House Communications Subcommittee hearing on broadcasting and cable companies’ role in spreading disinformation focused on letters two subpanel members earlier sent to 12 major providers asking them to justify carrying Fox News, Newsmax and One America News Network, as expected (see 2102230001). Republicans said the letters (see 2102220068), from Reps. Anna Eshoo and Jerry McNerney, both D-Calif., are evidence Democrats want to punish conservative news media. Democrats emphasized they aren’t seeking new legislation to regulate the media.

In an apparent win for carriers, acting FCC Chairwoman Jessica Rosenworcel is proposing a standard auction for the 3.45-3.55 GHz band, offering the big license sizes favored by national providers. The auction would start Oct. 5 and use an ascending clock format. The FCC also released its open radio access network notice of inquiry and public safety items for the March 17 commissioners’ meeting.

FCC acting Chairwoman Jessica Rosenworcel said 5G issues will be a focus at the March 17 commissioners’ meeting, circulating a draft order to start an auction of the 3.45-3.55 GHz band in early October (see 2102230046). She plans a notice of inquiry opening a “formal discussion” on open radio access networks, the FCC said Tuesday. Rosenworcel announced Monday commissioners will vote on rules for the $3.2 billion emergency broadband benefit program (see 2102220065).