Industry is calling on the FCC to revise a robocall item, set for a commissioner vote Thursday, which codifies some robocall and robotexting rules while asking about applying protections in the Telephone Consumer Protection Act to communications from wireless carriers to their own subscribers (see 2401250068). Industry officials told us they’re not certain the FCC will make the changes they seek, though they expect tweaks.
Affordable Connectivity Program Extension Act (HR-6929) GOP co-sponsor Rep. Marc Molinaro of New York acknowledged Tuesday that Republican opponents of stopgap funding for ACP are an impediment, but one the bill’s backers can overcome. HR-6929 and Senate companion S-3565 would allocate $7 billion for ACP, keeping it alive through FY 2024 (see 2401100056). The FCC froze ACP enrollments last week in keeping with procedures for winding down the program absent more federal funding.
Ligado's federal complaint about its planned L-band use "rests in critical parts on a skewed, misleading narrative," satellite and aviation interests told the U.S. Court of Federal Claims Friday in an amicus brief (docket 1:23-cv-1797) backing the government's motion to dismiss Ligado's suit against the U.S., DOD, Commerce and NTIA (see 2401260003). Iridium, Aireon, the Air Line Pilots Association, Airlines for America and the International Air Transport Association said that their concerns about interference from Ligado's plans for a terrestrial L-band network "should inform the Court’s consideration." The concerns about "harmful interference arising from Ligado’s planned terrestrial operations are real and ongoing, not pretextual or resolved," they said. The brief said the U.S. argument that Ligado doesn't have a property interest in its L-band license, and thus the Constitution's takings clause isn't implicated, "is underscored by the fact that Ligado’s license remains subject to substantial contingencies," including ones stemming from multiple reconsideration petitions before the FCC and from the possibility of judicial review if the agency denies the petitions.
The in-space servicing, assembly and manufacturing NPRM on the FCC's February agenda (see 2401250068) gives the agency far too broad authority, SpaceX said Monday in docket 22-271. Recapping meetings held with all five commissioners' offices and the FCC Space Bureau, SpaceX said the draft NPRM provides no limiting principle for agency authority over orbital debris mitigation or the cost, reliability and safety of ISAM craft. The draft also proposes assessing planetary protection plans of all spacecraft, including non-ISAM vehicles, it said. "Such broad interpretations of the Commission’s statutory authority ... would needlessly test the bounds of the Commission’s jurisdiction," it said.
A draft order on collecting broadcaster and cable workforce diversity data using form 395-B is off the FCC’s circulation list. Removing an item is usually an indication that it was voted on and will be released soon. The item was circulated at the end of December and quickly received three votes -- likely from the agency’s Democrats -- but then was held up under the agency’s must-vote procedures, waiting for the remaining two votes. FCC Republicans Nathan Simington and Brendan Carr were expected to oppose the item. The draft order would reinstate form 395-B and require broadcasters to upload diversity data forms to online public files. It's accompanied by a Further NPRM that seeks comment on expanding the same rules to cable, FCC and industry officials told us (see 2401260075). The FCC declined to comment.
The FCC released an updated user guide for carriers seeking funding through the Secure and Trusted Communications Networks Reimbursement Program. The program is intended to partially support removal of Chinese gear from U.S. networks. The guide was posted in Monday’s Daily Digest. The document “provides informal guidance intended to assist Recipients as they proceed with this Reimbursement Program process and does not constitute legal advice,” it notes.
The FCC and DOJ seek a six-day extension, to Feb. 22, to reply to Maurine and Matthew Molaks’ Friday opposition to the commission’s motion to dismiss their petition for review to vacate the agency’s declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2402090048), said the government’s motion Monday (docket 23-60641) at the 5th U.S. Circuit Court of Appeals. The extension is necessary "to allow coordination of the reply between the agencies," it said. Counsel for the Molaks have “represented” that they won’t oppose the extension, it said. The Schools, Health & Libraries Broadband Coalition, an intervenor on behalf of the FCC, supports the extension, it said.
The recipient of a similar waiver in July, Midland supported Garmin International’s request for a waiver of FCC rules to allow certification of hand-held general mobile radio service (GMRS) devices (see 2310060031). Midland said its GMRS customers include off-roading and outdoors enthusiasts “who often rely on GMRS radios for communications in remote areas.” Relaxing the restriction on digital data transmissions "enhances the ability of these users to connect with each other and track their respective locations, leading to a better outdoors or off-roads experience,” Midland said in a filing posted Monday in docket 24-7. Allowing more frequent data transmissions also “increases the public safety benefits of GMRS,” the company said.
The Fraternal Order of Police supported a proposal assigning the 4.9 GHz band to FirstNet (see 2401190067). “In recent months, there has been a concerted effort by organizations -- many of which are not public safety -- to sow doubt about public safety’s vision for how to reform the 4.9 GHz band,” the group said in a Friday letter to FCC Chairwoman Jessica Rosenworcel. These groups “shrouded their mission under the false banner of ‘local control’ and falsely claim incumbent licensees would lose access to the band if it is operationalized for nationwide 5G,” the letter said: Under their plan, a “fractured, decentralized approach would continue -- thus limiting the utilization of the band for the benefit of public safety.” Some of the strongest opposition has come from the recently formed Coalition for Emergency Response and Critical Infrastructure (see 2402060078). Members include the Major Cities Chiefs Association, the National Sheriffs’ Association, the Edison Electric Institute, T-Mobile, UScellular, Verizon and the Competitive Carriers Association.
CTA representatives met with FCC Public Safety Bureau staff about the proposed launch of a voluntary cyber-trust mark for consumer devices. CTA discussed “outstanding questions” and its draft approach that would enable evaluation of “a third-party Cybersecurity Label Scheme or manufacturer’s self-attestation process” in keeping with NISTIR 8425, the National Institute for Standards and Technology’s IoT core baseline. “The Draft Framework defines assessment outcomes, scheme requirements for assessment and manufacturer evidence, and component model implications for each of the technical requirements as well as manufacturer evidence needed for each of the non-technical requirements in NISTIR 8425,” said a filing last week in docket 23-239.