SpaceX's claims that EchoStar's Dish Network's proposed terrestrial fixed wireless service can't coexist with Starlink operations in the lower 12 GHz band (see 2409040035) are "a textbook example of how to manipulate a technical analysis to reach a predetermined conclusion," EchoStar said Friday in docket 20-443. A SpaceX study randomly places fixed 5G base stations, ignoring that their location is the key to sharing, and its analysis "was designed to fail," EchoStar said. The SpaceX analysis assumes fixed 5G systems must operate constantly at full power, when they actually can dynamically adjust their power output. EchoStar also submitted a study simulating a denser distribution of Starlink terminals than SpaceX's analysis, but with EchoStar fixed 5G base stations deliberately placed to minimize interference. It said the results show coexistence without interference is "widely feasible." Consultancy RKF Engineering conducted EchoStar's study.
A one-day GPS outage could cost the American economy $1.6 billion, NextNav said Monday, citing a Brattle Group economic analysis it commissioned. NextNav said its petition seeking to reconfigure the 902-928 MHz band to allow a terrestrial complement to GPS for positioning, navigation and timing services (see 2404160043) represents "the equivalent of offering the American economy a $10.8 billion insurance policy to protect against GPS outages," or 20 years of insurance premiums.
Mississippi’s social media age-verification law doesn’t violate the First Amendment because it regulates online conduct, not speech, Mississippi Attorney General Lynn Fitch (R) argued Thursday before the 5th U.S. Circuit Court of Appeals (docket 24-60341) (see 2409260053). NetChoice won a preliminary injunction against the law from the U.S. District Court for Southern Mississippi in July (see [Ref:2407160038). Fitch is appealing to lift the injunction. Mississippi argued Thursday that the district court failed to fully review all applications of HB-1126 through a “demanding facial analysis.” The new law requires “commercially reasonable” efforts on age verification, parental consent and harm-mitigation strategies, said Fitch in her reply brief: “Those requirements pose no facial First Amendment problem.” She argued the law applies to interactive functions on platforms and harmful conduct. “That focus does not regulate speech.”
The FCC violated the Communications Act by not rolling back broadcast ownership rules in the 2018 quadrennial review (QR) order, ignoring the increased competition broadcasters face, said petitioners Zimmer Radio, Nexstar, NAB, Beasley Media and Tri-State Communications in a reply brief filed in docket 24-1480. It was filed in the 8th U.S. Circuit Court of Appeals Tuesday. In addition, all four network affiliate groups and a host of radio companies filed intervenor briefs against the FCC. The Communications Act's provision requiring QRs -- Section 202(h) -- isn't a “check-the-box exercise,” said the petitioner’s brief. “Congress intended it to operate as a mechanism of continuing deregulation,” and the plain text instructs that the FCC “demonstrate affirmatively that its rules remain necessary in light of competition” or “modify or repeal them entirely.”
The FCC in a 3-2 vote adopted a notice of inquiry seeking comment on the impact of data caps on consumers and competition in the broadband marketplace. The NOI "launches a formal proceeding through which the agency can hear from those impacted by data caps," said a news release Tuesday. Comments are due by Nov. 14, replies Dec. 2, in docket 23-199. Commissioners Brendan Carr and Nathan Simington dissented.
AT&T on Wednesday called for major changes in how 3 GHz, including the citizens broadband radio service band, is configured, going beyond what the FCC proposed in an August NPRM (see 2408160031). Meanwhile, during a Broadband Breakfast webinar Wednesday, experts said the CBRS band has demonstrated the value and importance of spectrum sharing.
Critics of aspects of SpaceX's direct-to-device service continue pressing the FCC. In a docket 23-135 filing Tuesday, AT&T said it supports prompt approval of SpaceX secondary supplemental coverage from space (SCS) service that meets FCC power limits, but opposes the elective power boost that would increase its throughput at the expense of AT&T's primary incumbent terrestrial PCS C-block network. "Secondary service cannot degrade primary service, especially a primary service with the myriad established public interest benefits of terrestrial mobile," AT&T said. An AT&T analysis of how the elective power boost would affect its Tucson, Arizona, PCS C-block network predicts "a devastating" 18% degradation in average downlink throughput due to SpaceX's elective power increase, and in some areas on the network's edge coverage might be out altogether. Verizon challenged T-Mobile's throughput calculations that back granting a waiver of FCC out-of-bound emissions (OOBE) limits (see 2408230013), saying they weren't applicable to SCS service. Omnispace said the 1990-1995 MHz block is allocated for mobile satellite service uplink use both in the U.S. and internationally, and SpaceX has yet to meaningfully address concerns about it using that band for downlinks. It said SpaceX's rebuttal "is more ad hominem than rigorous." The FCC's aggregate OOBE limits in its Part 25 rules don't need relaxing for SCS service, AST SpaceMobile CEO Abel Avellan told Commissioners Geoffrey Starks, Anna Gomez and Nathan Simington, said a filing posted Tuesday in docket 20-32. Avellan said AST and numerous mobile network operators (MNO) believe that OOBE levels need to be maintained to protect incumbents' use of spectrum. He said AST will meet aggregate OOBE limits in low- and mid-band spectrum. AST said it has agreements and understandings with more than 45 MNOs with roughly 2.8 billion subscribers. It said its SCS service has a 120 Mbps peak data rate.
Broadband deployment continues in a timely manner and adoption rates are rising, ISPs said in comments about the FCC's annual Section 706 report on the state of competition in the broadband marketplace (see 2409060058). In addition, some urged that the commission refrain from including metrics on pricing and adoption rates in its final analysis. Others said the FCC should refine the broadband data collection (BDC) process and national broadband map.
The boom in programming from diverse sources available on numerous outlets underscores that most-favored nation (MFN) and alternative distribution method (ADM) clauses haven't blocked the growth of multichannel video programming distributor (MVPD) alternatives, according to cable interests. In a meeting with FCC Media Bureau Chief Holly Saurer (docket 24-115), cablers defended ADMs and MFNs and said the agency shouldn't imbalance programmer/MVPD negotiations by stopping MVPDs from seeking the same pricing and terms programmers offer to others. Meeting with the Media Bureau were representatives of NCTA, Charter, Comcast and Cox Communications.
The Arizona Corporation Commission should pull back regulations on Frontier Communications while eliminating Arizona Universal Service Fund (AUSF) subsidies for the wireline carrier, Frontier and commission staff argued at a livestreamed hearing Monday. Meanwhile in Connecticut, Frontier pushed back against a proposed $2.48 million fine for missing certain state service-quality metrics.