Verizon urged the FCC to move forward on a handset unlocking mandate, the focus of an NPRM commissioners approved 5-0 in July (see 2407180037). Some commenters question whether the FCC has legal authority to impose rules (see 2409240038). A 60-day locking period for postpaid phones “is the minimum necessary to help providers combat handset fraud and theft, but a longer, 180-day locking period for prepaid is necessary to enable wireless providers to continue offering subsidies that make phones affordable for prepaid customers,” Verizon said in a filing this week in docket 24-186. Regardless of the time period commissioners agree to, “a uniform unlocking policy that applies to all providers is paramount; the record is replete with evidence that uniformity will benefit both consumers and competition,” the carrier said. Verizon met with staff from the Wireless Bureau and the Office of Economics and Analytics.
The FCC Wireline Bureau wants comments by Nov. 4, replies by Nov. 18, in docket 23-62 on proposed revisions to its annual reporting and certification requirements for providers of incarcerated people's communications services, per a public notice Thursday.
The FCC rejected Securus' petition seeking a delay in implementation of an order from August on incarcerated people's communication services pending the outcome of the company's challenge before 5th U.S. Circuit Court of Appeals (see 2409050034). “To show likelihood of success on the merits, a petitioner must make a ‘strong showing’ that they are likely to succeed; a ‘mere possibility of relief’ is insufficient,” said an order in Thursday’s Daily Digest. Securus “likewise fails to demonstrate that it would suffer imminent and irreparable harm without a stay,” the FCC said. “Bare allegations of what is likely to occur," the agency said, "are of no value” under legal precedent.
Cellular service in the areas affected by Hurricane Helene improved Wednesday, according to the FCC’s most recent Disaster Information Reporting service update. It showed 11.3% of the cell sites in all the affected counties down, an improvement from the 21.7% reported out of service in Tuesday’s update. The most affected state in the DIRS coverage area is North Carolina, with 38.3% of cell sites without service in its affected counties. There are 654,220 cable and wireline subscribers without service, as compared to 750,761 in the previous update. The DIRS update shows 6 TV stations out of service and 38 radio stations down across the affected areas. FCC Chairwoman Jessica Rosenworcel will visit Asheville and Charlotte, North Carolina, Friday "to gain a firsthand account of communications recovery efforts in the aftermath of Hurricane Helene," said a release Thursday. Rosenworcel is scheduled to meet with FCC Public Safety and Homeland Security Bureau staff deployed to North Carolina, visit a federal assistance center and an emergency operations center, and go to a local library that serves as a community Wi-Fi hub, the release said.
The FCC's reclassification of broadband as a Title II telecom service under the Communications Act is a "straightforward" violation of the major-questions doctrine, ISPs told the 6th U.S. Circuit Court of Appeals in a reply brief filed Wednesday (docket 24-7000). USTelecom, NCTA, CTIA, ACA Connects, the Wireless ISP Association, and several state telecom groups argued the provision of internet access has "always been the core driver of the information-service classification and that function remains unchanged today" (see 2409120032). The FCC "offers little more than its say-so to support its contrary view," the coalition said, adding that its "forced forbearance and strained reclassification of mobile broadband" underscores "how poorly broadband fits into the Title II scheme." The groups argued that the FCC "lacks any good explanation from departing from its prior view" that the costs of reclassification outweigh any benefits and hasn't addressed the major questions doctrine's "obvious political salience." Congress didn't clearly authorize the FCC to classify broadband as a telecom service, the groups noted, adding it should remain a Title I information service because it includes domain name systems and caching, which are "integral information-processing components." The coalition also argued the FCC lacked statutory authority to classify mobile broadband as a commercial mobile service under Title II because it's not part of the public switched network, or the ten-digit telephone network, which is "distinct" from the public internet.
FCC Chairwoman Jessica Rosenworcel on Thursday appointed Ira Keltz acting chief engineer, leading the Office of Engineering and Technology. Keltz, an electrical engineer, replaces Ron Repasi, who left the agency last month (see 2409160032). Deputy chief of OET, Keltz has worked on spectrum policy issues at the agency for 30 years, the FCC said. Repasi replaced longtime OET Chief Julius Knapp, initially in an acting capacity, in late 2019.
Fixed wireless access isn’t beating fiber, the Fiber Broadband Association told the FCC in a new filing, responding to a recent CTIA report (see 2409230020). Meanwhile, during a webinar iconectiv released Thursday, speakers said all signs indicate the FWA market is taking off, with continued growth likely.
Globalstar and SpaceX are jousting over SpaceX's request that the FCC reverse its August partial approval of Globalstar's plan to replenish its first-generation HIBLEO-4 non-geostationary orbit satellite system (see 2408190003). A reversal of that order and a loss of the HIBLEO-4 license "would destabilize the Big LEO regulatory environment, undercut investment, disrupt and delay Globalstar’s [mobile satellite service] offerings," the company said in an opposition filing Tuesday. A reversal also would raise questions about the future of Globalstar's MSS business, it said. Globalstar said the FCC Space Bureau order followed "well-established" agency precedent in determining that the Globalstar satellites qualify as replacements. In its application last month for review of the August approval, SpaceX said the Space Bureau actually signed off on an entirely new constellation for Globalstar, letting it cut in line ahead of other operators that applied first to use the same spectrum. The agency should treat Globalstar the same as other operators that have had their applications put on hold pending a rulemaking on sharing the 1.6/2.4 GHz band, it said.
Working with the Cybersecurity and Infrastructure Security Agency, the FCC and the Department of Education released a resource guide for helping schools and libraries “evaluate their cybersecurity risks and identify the most impactful cybersecurity solutions.” Issued Wednesday, the guide is intended to help potential applicants for the FCC’s new three-year, $200 million cybersecurity pilot program for schools and libraries, the FCC said. Commissioners approved the pilot program 3-2 in June. Commissioners Brendan Carr and Nathan Simington dissented (see 2406060043). “Given the budget and resource constraints facing schools and libraries, the resource guide highlights free and low-cost options and focuses on the most impactful initial steps,” the FCC said: “The guide also recognizes that specific cybersecurity needs may vary and provides a framework for schools and libraries to identify solutions that meet their unique needs.”
The sale of Dish Network and Sling to DirecTV, as well as the spectrum-backed debt deals that accompany that transaction (see 2409300009), will give EchoStar several years to scale its wireless business, but that scaling up won't be easy, Lightshed Management's Walter Piecyk noted Wednesday. Along with the $10 billion EchoStar is raising against its AWS-3 and AWS-4 spectrum, its 3.5 GHz holdings could unlock another $2.75 billion in borrowing, he said. The DirecTV and spectrum deals provide EchoStar money for existing leases while the FCC approval of longer milestones for its 5G network buildout (see 2409200049) focuses on areas where EchoStar would use co-locations instead of new tower builds, he said. It also provides funding for the AT&T and T-Mobile mobile virtual network operator agreements, he said. A stronger balance sheet puts EchoStar in a better position to invest in customer acquisition for its Boost wireless business, "though this remains an uphill battle due to the industry’s low churn rates."