FCC rules changes intended to expedite processing of satellite and earth station applications and new spectrum allocations for space launches go into effect Sept. 4, said a notice for Monday's Federal Register. The commissioners adopted the changes and allocations at their September 2023 meeting (see 2309210055). The application processing order among other things sets time frames for placing satellite and earth station applications on notice for public comment and lets non-geostationary orbit licensees have more than one unbuilt system without facing the possible dismissal of applications. The spectrum order sets an allocation in the 2025-2110 MHz band and makes the 2200-2290 MHz band available for launch telemetry.
The FCC updated the Licensing and Management System (LMS), making major change applications for Class A, low-power TV and TV translator stations available in advance of the Aug. 20 lifting of the 14-year freeze on channel change filings (see 2405290068), a public notice in Friday’s Daily Digest said. “Effective immediately, applicants are permitted to input information in their major change application, but should not submit their application prior to August 20, 2024,” the PN said. Applications filed before Aug. 20 “will be dismissed and applicants will need to re-file once the freeze is lifted.” The PN also included a reminder that after updates to the FCC’s TVStudy software, all TV broadcast applications filed after Aug. 1, must use 2020 Census Data for conducting interference analyses. “Failure to do so will require amendment and may result in dismissal of applications as defective,” the PN said.
Communications Workers of America supports a Public Safety Spectrum Alliance (PSSA) proposal that assigns the 4.9 GHz band to FirstNet, a hotly contested FCC issue (see 2407230045). Doing so would ensure public safety makes use of the band, a filing posted Friday in docket 07-100 said. “CWA is deeply invested in the success of FirstNet, which was built and is maintained by AT&T, the only wireless carrier with a union-represented workforce,” the union said: Allocating the band “to a single nationwide licensee rather than multiple commercial users would facilitate rapid and efficient nationwide deployment and stop the slow and fragmented approach that has led to prolonged underutilization of the band in the last 20 years.”
Anterix representatives spoke with an aide to FCC Commissioner Geoffrey Starks seeking action on a rulemaking authorizing 5/5 MHz broadband deployments in the 900 MHz band (see 2405210041). "Adoption of rules consistent with the Petition would advance” the FCC’s “commitment to promote the availability of broadband technology in rural areas along with its efforts to maximize the technologically advanced use of available spectrum resources,” a filing posted Thursday in docket 24-99 said.
The Senate Appropriations Committee's report on its Financial Services Subcommittee FY 2025 funding bill “urges” that the FCC move forward on revamping the Universal Service Fund. The Senate Appropriations Financial Services bill, which the panel approved Thursday, would increase annual funding for the FCC and FTC for FY25 (see 2408010059). Senate Appropriations said in the report, released Thursday night, that it wants the FCC to “seek public comment this fiscal year on any reform proposals that have been submitted to the commission or otherwise previously considered that would promote the sustainability and viability of [USF] and resolve inequities in the current contribution structure.” The FCC should “act as soon as possible following review of that record to adopt reforms to achieve” revamp objectives, Senate Appropriations said: The commission “should also provide specific recommendations to Congress regarding additional authority it believes it may need to enact any reforms that are found to be prudent, advisable, or necessary.” Members of a congressional working group are grappling with whether the 5th U.S. Circuit Court of Appeals’ July ruling that the FCC's USF contribution factor is unconstitutional will affect their work on a revamp framework (see 2407300053).
Maurine and Matthew Molak, who sued the FCC for its decision authorizing funding of Wi-Fi on school buses (see 2406260006), filed a petition at the agency seeking reconsideration of last month’s 3-2 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). Pleading cycle deadlines will come in a Federal Register notice, a Friday notice from the FCC said. “Petitioners urge the FCC to reconsider and rescind the Report and Order because it is contrary to law,” the petition said. The Molaks argue that the Telecom Act didn’t provide the FCC authority to use the E-rate program to pay for internet service and connections, “such as the Wi-Fi service and equipment at issue.” An agency “cannot exercise authority it does not have,” the petition argued: “If the FCC wishes to move forward with this proposal, it must first obtain proper authority from Congress.” The Molaks, whose 16-year-old son died by suicide after he was cyberbullied, argued that the school bus ruling would give children and teenagers unsupervised social media access. That case is before the 5th U.S. Circuit Court of Appeals. Meanwhile, Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen told us the group is mostly pleased with the Wi-Fi order and Further NPRM that the FCC posted last week. Windhausen saw no big surprises. “We're glad the FCC clarified a few issues and teed up additional questions in the further notice,” he said. SHLB's webinar on Wednesday “showed that there is a high level of interest in this new initiative, so we're excited to see how schools and libraries use this opportunity,” he said. SHLB plans additional webinars to answer questions about the program. Several changes were made between the draft and final version of the item, based on our side-by-side comparison. One question before the vote was whether the item would be tweaked to address fixed wireless access and partnerships with nontraditional providers (see 2406270068). The order clarifies that Wi-Fi hot spots “must be for use with a commercially available mobile wireless Internet service, rather than for use with [citizens broadband radio service] or other private network services.” The FNPRM adds language, as sought by Commissioner Geoffrey Starks, on cybersecurity issues. The final order includes a new paragraph on cybersecurity risk management. “Recognizing the critical needs of schools and libraries to protect their broadband networks and sensitive student, school staff, and library patron data, we seek comment on how to ensure that using E-Rate support for Wi-Fi hotspots does not introduce additional vulnerabilities or risks to cyberattacks,” the FNPRM says: “Specifically, we seek comment on whether service providers … should be required to implement cybersecurity and supply chain risk management plans.”
The FCC’s draft order that would create an additional alert code for missing and endangered adults will gain unanimous approval during Wednesday’s open meeting, agency officials told us. The item received widespread support from alerting officials, industry trade associations and indigenous groups. The final order is expected to have changed little from the draft version, an FCC official said. While the new alert code will be used for any missing person older than 17 with special needs and circumstances or who is endangered, abducted or kidnapped, it's aimed at addressing the rising problem of missing and murdered indigenous people, the FCC has said. Speaking at an indigenous women’s event Wednesday, Rosenworcel said the item will gain approval and credited Native groups for the proposal. “The action the FCC is taking next week is in direct response to a call sent out by Native communities after enduring a crisis of the missing for far too long,” she said. The code will be “a really powerful tool," said Loris Taylor, president of Native Public Media (NPM) and an advocate of the new code.
FCC Commissioner Brendan Carr’s Project 2025 ties likely won’t damage his chances of becoming the agency's chair if Donald Trump is elected president in November, even though the Trump campaign has distanced itself from the project (see 2407110054). Commissioner Nathan Simington is listed as a project adviser but didn’t write a chapter, as Carr did, or play a more public role.
FCC Chairwoman Jessica Rosenworcel vowed she will continue fighting for the commission's net neutrality order following the 6th U.S. Circuit Court of Appeals' decision that stayed the rules Thursday (see 2408010065). "The American public wants an internet that is fast, open and fair," and Thursday's decision "is a setback, but we will not give up the fight for net neutrality," Rosenworcel said.
Protected status for federal earth stations using commercial satellite services is "overdue," NTIA said this week in docket 24-121 as the FCC sought comment on expanded federal use of commercial satellite spectrum bands (see 2406280034). NTIA said the FCC should move quickly on an NPRM that lays the path for that protected status for federal earth stations using commercial satellite services. It suggested a regime where federal agencies would submit information to the commission for notice and comment, and then entry into the FCC’s earth station database, akin to the process some FAA-operated C-band earth stations in Alaska use. Warning of the possible hindrance of 5G’s rollout, CTIA said any sweeping allocation of spectrum to federal users on a primary basis “would exacerbate the existing imbalance between federal and non-federal spectrum allocations.” It said the FCC and its Office of Engineering and Technology need to clearly define the spectrum bands not already allocated for federal fixed satellite service (FSS) and mobile satellite service (MSS) that might be looked at for expanded federal use. It said adding federal allocations to the lower C band and to the 13 GHz band could complicate investigation of the bands for commercial mobile use. The Satellite Industry Association said FSS and MSS allocations should be added to the federal portion of the Table of Frequency Allocations for nonfederal spectrum bands, while also making clear federal operations under the allocation are limited to federal earth stations communicating with nonfederal space stations. It said federal users should have to follow the same rules and procedures as nonfederal users. SIA's comments were similar its 2021 advocacy, when the agency also looked at the issue (see 2110180066). The 10.7-11.7 GHz band is “critical” for mobile wireless traffic backhaul and a “safe harbor” band for fixed service systems relocating out of the 6 GHz band, said Comsearch. Fixed service use of the band has almost tripled in the past decade, it said. Comsearch said that extensive use of the band points to how it must be preserved for nonfederal terrestrial operations.