The Fixed Wireless Communications Coalition is seeking review of a waiver approved for the Wi-Fi Alliance allowing automated frequency coordination systems in the 6 GHz band to take building entry loss into account for “composite” standard-power and low-power devices that are restricted to operating indoors. The FCC Office of Engineering and Technology approved the waiver last month (see 2412050049). “Did OET’s finding that special circumstances warranted grant of the Waiver Request conflict with case precedent regarding what constitutes special circumstances?” FWCC asked in a filing Monday in docket 23-107. Taken through delegated authority, the action “conflicts with statute, regulation, case precedent, or established Commission policy,” in violation of FCC rules, the group said: “OET erred by failing to articulate ‘special circumstances beyond those considered during regular rulemaking.’”
Attorneys for Maurine and Matthew Molak asked the 5th U.S. Circuit Court of Appeals to restart their challenge of a July order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2409230024). In September, the court dismissed the case, saying it lacked jurisdiction (see 2409260046). Petitioners “wish to inform the panel that, after nearly six months, they are still waiting on the FCC to rule on their July 2024 request that the agency reconsider its … ‘Hotspots Order,’ which subsidizes Wi-Fi hotspots anywhere students go,” said a Monday filing at the court: “It seems the FCC is content to ignore the petition for reconsideration, safe in the belief that as long as the petition remains pending the agency can both implement its unlawful policy and avoid judicial review.” The filing in docket 23-60641 also notified the court of the 6th Circuit’s recent decision vacating the FCC’s net neutrality order (see 2501020047) as it ponders a second case on school bus Wi-Fi. Judges heard oral argument in that case in November (see 2411040061). That decision “slams the door on the FCC’s contention in this case that the Declaratory Ruling expanding E-Rate subsidies for Wi-Fi on school buses is authorized” by the Communication Act section on the USF, the filing said. The Molaks brought both cases because they oppose unsupervised social media access on school buses. The Molaks' son David died by suicide after he was bullied online as a 16-year-old.
The FCC Wireline Bureau is seeking comment on the latest National Exchange Carrier Association proposal to modify interstate average schedule formulas, said a public notice Monday. “NECA proposes formula changes that would result in a 6.92% overall increase in settlements at constant demand” said the Dec. 19 NECA proposal. Such modifications are historically proposed by NECA and granted by the bureau each year. FCC rules require NECA to annually propose modifications or certify that no revisions are necessary. The latest proposed modifications would be effective July 1, 2025, until June 30, 2026. Comments are due in docket 24-685 on Feb. 5, replies Feb. 20.
Some FCC proposals for improving the Robocall Mitigation Database won’t address bad actors, Incompas said in an ex parte filing posted Monday in docket 24-213. For example, the agency shouldn’t assess a base $10,000 fine when telephone providers submit inaccurate but “readily curable” information to the Robocall Mitigation Database, Incompas said. “Providers should not be assessed a base forfeiture unless they have either failed to respond to the Commission requests to update information in their RMD filing or ‘knowingly’ submitted inaccurate data,” Incompas said. In addition, the FCC shouldn’t require a $100 filing fee for RMD filings. An FCC proposal requiring multifactor authentication to access the database is also “unlikely to produce benefits that justify the additional burden,” Incompas added. “Placing an additional layer of security on the RMD will further burden voice service providers that conduct robocall mitigation on a team-wide basis and may make it harder to update the RMD if the multi-factor authentication point of contact is not available.” Accordingly, Incompas “urges the Commission to ensure that the administrative changes it is pursuing are warranted and will have the desired impact of addressing and removing bad actors engaged in illegal activity.”
House Commerce Committee Chairman Brett Guthrie, R-Ky., and Communications Subcommittee Chairman Richard Hudson, R-N.C., on Monday hailed the 6th U.S. Circuit Court of Appeals’ ruling last week (see 2501020047) vacating the FCC’s April net neutrality order. “The American people” in the November elections “voted to reject Democrats’ heavy-handed regulatory agenda,” Guthrie said in a statement. “Now, the courts are finding that the Biden-Harris Administration’s net neutrality rules were unlawful in the first place.” Republicans “are ready to move on from misguided, burdensome approaches to internet regulation and support innovations leading to increased speeds and investment,” he said: “I am thrilled by this decision, which is a precursor to many more pro-innovation developments still to come.” Hudson said he will “work with [President-elect] Donald Trump to ensure faster, more reliable, and more affordable internet access for all Americans. The court’s decision to strike down these Obama-era regulations is good news for the American people.”
Cable broadband subscriber losses should moderate this year, with fiber and fixed wireless providers' gains plateauing, LightShed Management wrote Monday. In addition, there could be renewed M&A interest in cable, LightShed said, triggered by slower growth across all connectivity companies and favorable regulatory sentiment. However, none of the three major wireless carriers seems a likely buyer. Moreover, LightShed sees the possibility of a U.S. Supreme Court stay preventing the TikTok divestiture/ban from taking effect Jan. 19. The Trump administration will likely devise terms that safeguard users' data security and mitigate national security concerns. Also expect rollout of a more-robust direct-to-device service via SpaceX and T-Mobile as additional satellites are launched and FCC power restrictions are resolved, it said. LightShed predicted the next FCC will provide a waiver of the power limits. It said with more satellites and higher power, the service could extend to IoT. After the Skydance/Paramount deal closes in the first half, Paramount will likely slash its linear cable network operations, shedding some networks, LightShed predicted, and it will invest those savings into streaming. A Trump administration ban on pharmaceutical advertising on TV could drive TV station group M&A, it added.
FCC Chairwoman Jessica Rosenworcel circulated an NPRM Monday to start auctioning AWS-3 spectrum that will fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2412240036). Congress agreed to send an additional $3.08 billion for carriers to rip and replace unsecure network equipment from Chinese companies Huawei and ZTE, though questions remain about whether that amount will suffice since the program's total is based on cost estimates filed years ago (see 2412310016). The auction would be the first since the agency’s general auction authority expired in March 2023. Rosenworcel is seeking approval of the NPRM through an electronic vote by commissioners. The NPRM “would propose updates to the service-specific competitive bidding rules to grant licenses for spectrum in the FCC’s inventory in the AWS-3 spectrum bands (generally the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands),” said a news release. The FCC assigned the majority of AWS-3 licenses in an auction that ended Jan. 29, 2017. “Nevertheless, there remains spectrum in these bands that is not currently licensed due to various circumstances,” the release said: “Pursuant to the Congressional mandate, the Commission will now offer licenses for the unassigned AWS-3 spectrum in a new auction.” The FCC said the NPRM also would propose to update definitions of small and very small businesses “to conform with the Small Business Act’s five-year lookback period that has been used in recent spectrum auctions.” Rosenworcel cited Salt Typhoon, the Chinese government-associated effort at hacking U.S. telecom networks (see 2411190073), in seeking quick action on the NPRM. "With ‘Salt Typhoon’ and other recent incidents, we are all acutely aware of the risk posed by Chinese hackers and intelligence services to our privacy, economy, and security,” Rosenworcel said. “I am confident that the FCC’s world-leading and award-winning auction team will meet this important moment.” Rosenworcel, a Democrat, plans to leave the FCC in two weeks, when Republican Commissioner Brendan Carr is expected to replace her as chair.
CTA urged President-elect Donald Trump's administration to move with care on proposals for imposing higher tariffs on imports, warning they could result in sharp declines in the purchases of smartphones and other devices. With CES beginning in Las Vegas, CTA also projected retail revenue in the consumer tech industry of $537 billion this year, up 3.2% over 2024.
The FCC commissioners' unanimously adopting a retransmission consent blackout reporting requirement for multichannel video programming distributors (MVPD) likely doesn't mean the agency will also mandate rebates for subscribers due to those blackouts anytime soon, pay-TV and broadcast experts tell us. The blackout reporting order was released Friday. The FCC is unlikely to push rebates during the last days of outgoing Chairwoman Jessica Rosenworcel's administration and incoming Chairman Brendan Carr is unlikely to consider rebates, some pay-TV watchers say. Neither Rosenworcel's nor Carr's offices commented Monday.
The U.S. Court of Appeals for the D.C. Circuit should consider the 6th Circuit’s recent ruling against the FCC’s net neutrality rules as it weighs Radio Communications Corporation’s legal challenge against the agency’s implementation of the Low Power Protection Act (see (2411180040), RCC said in a letter filed in docket 24-1004 Thursday. The ruling, in Ohio Telecom v. FCC, said that the agency can’t alter a statutory definition by adding to it when trying to determine what the best reading is, RCC said. The FCC “altered the LPPA, which on its face protects Low Power Licensees, to protect full-power licensees who are not even referenced in the statute,” said RCC. The low-power broadcaster has argued that the FCC’s implementation of the LPPA protects full-power stations by limiting upgrades to Class A status to a narrow selection of low-power TV stations in small markets. The limits on market size in the FCC’s rules directly mirror the language of the LPPA, the agency has said. A previous attempt by RCC to add to the record in the case after oral argument led to dueling letters between the broadcaster and the FCC and a motion to strike (see 2411250053).