The FCC Office of Engineering and Technology rejected petitions seeking changes to the commission’s 5.9 GHz rules filed by the Alliance for Automotive Innovation and the 5G Automotive Association. The alliance urged the FCC to reconsider its 2020 order opening 45 MHz of the band for Wi-Fi, while allocating 30 MHz for cellular vehicle-to-everything technologies. The 5GAA sought revised out-of-band emissions limits for unlicensed devices in the band. The response was mixed to both reconsideration petitions (see 2107230033). “In making the lower 45 megahertz available for more flexible unlicensed use, the Commission found that, when added to U-NII spectrum in the adjacent 5.725-5.850 GHz … band, the 45 megahertz of spectrum from the 5.850-5.895 GHz … band would provide for increased high-throughput broadband applications in spectrum that is a core component of today’s unlicensed ecosystem, thereby providing the American public with the most efficient and effective use of this valuable mid-band spectrum,” OET said in an order this week. In 2022, the U.S. Court of Appeals for the D.C. Circuit upheld the order (see 2208120035). OET noted the decision rejects alliance claims the agency “exceeded its legal authority” in issuing the order: “The court rejected the argument that the change in administration requires the Commission to revisit its decision.” 5GAA’s coexistence analysis “does not convince us to reconsider the OOBE limits decision for indoor unlicensed operations adopted” in the order, OET said. “We conclude that the indoor unlicensed device OOBE limits the Commission adopted … will sufficiently protect C-V2X communications in the upper 30 megahertz from harmful interference,” OET said.
An FCC rule extending the number of monthly minutes a communications assistant may handle video relay services while working at home takes effect April 22, said a notice for Thursday's Federal Register. Commissioners approved a waiver extending its call handling rule in December (see 2312200072).
USTelecom asked the FCC to ensure providers have flexibility to comply with any new call blocking rules (see 2309110060). The group told Consumer and Governmental Affairs Bureau staff that many providers rely on the USTelecom-led Industry Traceback Group's do-not-originate (ITG DNO) list and expanding the DNO requirement "could force providers to inefficiently allocate resources to measures that will not have the highest protective impact for their customers and networks," said a filing posted Wednesday in docket 17-59. USTelecom also warned "any signal from the commission" that the ITG DNO list doesn't meet a provider’s "applicable reasonable DNO requirement" would "call into question whether it makes sense for the ITG to continue to maintain its DNO list" and "whether providers could continue to rely on it."
The House Commerce Committee unanimously advanced the Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513) and three communications equipment security measures Wednesday, as expected (see 2403190062). Also on the agenda: the Foreign Adversary Communications Transparency Act (HR-820), Countering CCP Drones Act (HR-2864) and Removing Our Unsecure Technologies to Ensure Reliability and Security Act (HR-7589). HR-820 would require the FCC to publish a list of communications companies with agency licenses or other authorizations in which China and other foreign adversaries’ governments hold at least a 10% ownership stake (see 2210250067). HR-1513 would direct the FCC to establish a 6G task force that provides recommendations about ensuring U.S. leadership in developing that technology’s standards. HR-2864 would add Chinese drone manufacturer Da-Jiang Innovations (DJI) to the FCC’s covered entities list. HR-7521 would direct the Commerce Department to “specify what transactions involving routers, modems, or devices that combine a modem and a router are prohibited” under a 2019 executive order by then-President Donald Trump’s that barred transactions involving information and communications technologies that pose an “undue risk of sabotage to or subversion of” U.S.-based communications services (see 1905150066). “China poses a serious threat to America's national security across the board, including to our critical communications infrastructure,” said House Commerce Chair Cathy McMorris Rodgers, R-Wash., during the committee meeting. “We know that the [Chinese Communist Party] will utilize every tool at its disposal to exploit vulnerabilities in our communications networks, which is why this committee has taken decisive action in these areas. Failure to address these exceedingly complex threats not only jeopardizes our economic competitiveness and national security, but also risks ceding ground to an adversarial power intent on undermining American leadership.” The four bills “will help protect American networks from security threats, while also allowing our country to remain a global leader in communications technology,” said panel ranking member Frank Pallone, D-N.J. He singled out HR-1513, which “will help us understand the potential risks to best protect our networks and strengthen the technologies designed.”
FCC Chairwoman Jessica Rosenworcel on Wednesday circulated for a commissioner vote an order that would launch a 5G Fund Phase I multi-round reverse auction, making $9 billion available to target 14 million homes and businesses lacking mobile 5G coverage. The fund includes up to $900 million in “incentives” for incorporating open radio access network technologies in fund-supported networks, said a news release. The fund will rely on the FCC’s updated broadband coverage map. The order “would take a number of steps to improve the program, including: modifying the definition of areas eligible for the auction and ensuring that areas in Puerto Rico and the U.S. Virgin Islands that meet the criteria would be included in the 5G Fund auction; increasing the budget for Phase I of the 5G Fund auction and the Tribal reserve budget -- a set-aside portion of the fund to support connecting Tribal communities; and requiring 5G Fund support recipients to implement cybersecurity and supply chain risk management plans as a condition of receiving support,” the FCC said. Commissioners unanimously approved a Further NPRM in November (see 2309210035). Commissioners initially approved a proposed $9 billion fund in 2020, over partial dissents by Rosenworcel and Commissioner Geoffrey Starks (see 2010230056). “For the first time in our history … this agency has comprehensive data about where service is and is not all across the country,” Rosenworcel said: “This will be the foundation of our plan to expand the 5G service in rural America to where it is needed most -- where people live, work and travel.” CTIA raised concerns in a filing posted Wednesday, before the order was announced. The FCC should schedule a 5G Fund auction only after final funding decisions are made in the broadband access, equity and deployment program, CTIA said in a meeting with staff from the FCC Wireless Bureau and Office of Economics and Analytics. “While BEAD will not directly fund mobile broadband deployment, it is likely to result in the deployment of fiber broadband backhaul facilities and fixed wireless services that will facilitate the expansion of unsubsidized 5G coverage in rural areas,” said a filing in docket 20-32. Even if the FCC adopts rules in the near term on issues raised in an FNPRM, “the Commission should wait to schedule the ... auction until the impact of BEAD deployments on 5G availability becomes clearer,” CTIA said.
The 8th U.S. Circuit Court of Appeals denied the motion of 20 industry and business groups for expedited briefing and oral argument on their 16 consolidated petitions to vacate the commission’s Nov. 20 digital discrimination order (see 2403140042), said the court’s order Wednesday (docket 24-1179). The 8th Circuit granted unopposed motions for leave of two petitioners -- the Media Alliance and Great Public Schools Now and of the Benton Institute for Broadband & Society -- to intervene on the FCC’s behalf to prevent the order from being completely vacated, though they do oppose portions of it. In their motion, the industry petitioners argued that an expedited briefing would ensure the 8th Circuit has adequate time to render a decision on the petitions for review before the digital discrimination order takes effect Sept. 22. The FCC opposed the motion, arguing that “accelerating this highly complex proceeding” prejudices the government (see 2403190041).
Trade groups critical of the FCC’s digital discrimination order disagreed Wednesday with members of its Communications Equity and Diversity Council about the order’s breadth. The order “covers every aspect” of an ISP’s service and could lead to companies slowing the rollout of service in some communities to avoid the appearance of discrimination, said Diana Eisner, USTelecom vice president-policy and advocacy, at an FCBA CLE. “Given the scope of the problem,” it was appropriate for the FCC to create a rule that could tackle multiple forms of discrimination, said Leo Fitzpatrick, policy analyst at The Utility Reform Network and a former CEDC member.
A Thursday Senate Commerce Committee hearing is likely to highlight stark differences between panel leaders’ competing proposals for a spectrum legislative package, including whether it should mandate sales of specific bands before NTIA completes studies of those frequencies in keeping with the Biden administration’s national spectrum strategy (see 2403120006). Lawmakers’ apparent failure to reach a deal allocating additional money for the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program (see 2403190062) as part of a FY 2024 still-unreleased “minibus” spending package also ratchets up the pressure for a spectrum bill to use future auction revenue to pay for multiple telecom priorities, officials and lobbyists told us.
Converged terrestrial and satellite connectivity is a given, but the path is strewn with unknowns and sizable technological and business stumbling blocks, according to satellite operator CEOs. For example, satellite operators must start thinking and acting like mobile network operators, creating an ecosystem that allows seamless roaming among them, Viasat CEO Mark Dankberg said during Access Intelligence’s Satellite 2024 conference in Washington Wednesday. Separately, space sustainability advocates urged a mission authorization regulatory framework and universal use of design features such as docking plates enabling on-orbit serving or towing. Meanwhile, conference organizers said event attendance reached 14,000.
The Further Consolidated Appropriations Act FY 2024 minibus spending bill released early Thursday morning doesn't include stopgap funding for the FCC's affordable connectivity program or the Secure and Trusted Communications Networks Reimbursement Program, as expected. The measure allocates almost $390.2 million to the FCC for FY24 and $425.7 million to the FTC. It also includes $535 million for CPB in FY 2026, turning back House Appropriations Committee Republicans' attempt to end that entity's advance funding.