The 5th U.S. Circuit Appeals Court should reverse the FCC's ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) by interpreting the Communications Act “in accordance with its ordinary meaning,” Senate Commerce Committee ranking member Ted Cruz (Texas) and six other Republican senators wrote in an amicus brief Tuesday (docket 23-60641). The brief supports Maurine and Matthew Molak's petition to defeat the Oct. 25 declaratory ruling (see 2404030010).
NCTA officials and members spoke with aides to all five FCC commissioners about Samsung Electronics America’s request for a waiver for a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see 2309130041). Cable companies objected earlier (see [Ref:2401050052). Technical analysis demonstrates that Samsung’s multiband radio “and others sure to follow based on its theory would increase the median noise in the CBRS band by roughly 11 dB, harming the services existing CBRS users are providing to consumers,” said a filing posted Tuesday in docket 23-98. Approval of the waiver “would set a troubling precedent by allowing future parties to disregard emissions limits and other protections, undermining the Commission’s ability to manage interference.” Among those represented on the calls were Comcast, Charter Communications and Cox Enterprises.
Multichannel video programming distributors (MVPDs) redoubled their arguments against a proposed requirement that gives subscribers a rebate when a retransmission consent talk impasse results in a blackout. Arguments were made in reply comments filed in docket 24-20 this week. Initial comments were in March (see 2403110057). Localities and broadcasters jabbed at MVPD contentions. Also, broadcasters and MVPDs are at odds over a proposed blackout reporting mandate (see 2402270044).
The FCC will take a series of steps to reestablish the commission's net neutrality framework and reclassify broadband internet access service (BIAS) as a Communications Act Title II telecom service in a declaratory ruling and order (see 2404030043). A draft of the items to be considered during the agency's April meeting, released Thursday, would establish "broad" and "tailored" forbearance for ISPs. The draft doesn’t make a final determination on how network slicing should be treated under the rules.
Comparisons of 5G spectrum allocations and investments in China, the U.S. and Europe often lack detail or rely on data with different definitions, Dean Bubley of Disruptive Analysis wrote in a LinkedIn post Wednesday. Such comparisons "are mostly political and competitive." In addition, those who make such comparisons are often seeking more stringent regulation of a perceived competitor, he said. Claims that China has more midband spectrum allocated than the U.S. ignore that the 3.3-3.4GHz is dedicated for shared, indoor use by multiple mobile network operators, while 200MHz in the lower 6 GHz band is for "localised enterprise private networks," he said. Citing wireless interests seeking additional spectrum for fixed wireless access, Bubley said it is "rather disingenuous ... to complain about traffic volumes on mobile networks ... and then specifically promote services that they know will use 20x more data per subscriber."
DOD on Wednesday released a redacted version of the Emerging Mid-Band Radar Spectrum Sharing Feasibility Assessment (EMBRSS), which DOD and NTIA forwarded to Congress in September (see 2309280087). The report examines military systems located in lower 3 GHz spectrum, with an eye on potential sharing but not on clearing as sought by CTIA and carriers.
FCC commissioners will vote on restoring net neutrality rules during the agency's April 25 meeting, Chairwoman Jessica Rosenworcel announced Wednesday (see 2403290057). Commissioners will consider a declaratory ruling, order, report and order, and order on reconsideration. "A return to the FCC’s overwhelmingly popular and court-approved standard of net neutrality will allow the agency to serve once again as a strong consumer advocate of an open internet," Rosenworcel said. Also on April's agenda is a draft NPRM about georouting 988 calls (see 2404030051).
Expect lots of satellite operators in the direct-to-device space using myriad approaches, from reusing terrestrial spectrum, using satellite spectrum or something else altogether, satellite company executives said Tuesday during a SpaceNews webinar. Multiple satellite operators beat the drum for the FCC's supplemental coverage from space (SCS) framework adopted in March (see 2403140050). Other large regulators will follow suit and put forward SCS frameworks, Lynk Global Chief Operating Officer Margo Deckard said. AST SpaceMobile's CEO said something similar to Wall Street this week (see 2404020007).
NTIA said it will follow FirstNet’s National Environmental Policy Act procedures on an interim basis and establish 33 categorical exclusions in compliance with NEPA, the Council on Environmental Quality regulations and other related authorities, as it awards funds under the Infrastructure Investment and Jobs Act (IIJA). NTIA proposed that step a year ago (see 2303290035). The ruling is effective immediately, said a notice for Tuesday’s Federal Register. “Following the FirstNet Authority’s procedures will facilitate the IIJA’s large-scale investment in NTIA programs and the need for NTIA to fulfill the mandates of the IIJA in a timely manner, by ensuring NTIA make[s] the most efficient use of time and available funding and resources to fulfill its environmental analysis and decision-making responsibilities,” the notice said.
The 5G Fund order that FCC Chairwoman Jessica Rosenworcel circulated March 20 raised long-standing concerns that the agency releases drafts for "meeting" items but not for those voted electronically, regardless of their relative importance. For those items, industry groups and companies must schedule meetings with commissioner staff and the bureaus and offices to ask about details.