Education in 2024 “bears very little resemblance to education in previous decades,” and advances in technology have “transformed the pattern of classwork and homework,” said the Schools, Health & Libraries Broadband Coalition in a 5th U.S. Circuit Appeals Court amicus brief Tuesday (docket 23-60641). The brief backs the FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040).
Aides to Senate Commerce Committee supporters of the Spectrum and National Security Act (S-4207) say revisions that the Commerce Department and military leaders endorsed Tuesday night will sway enough Republicans to ease the bill's path forward in the chamber. Senators told us much will depend on the language in a new substitute version of S-4207 that was still under development Wednesday afternoon. The bill would restore the FCC’s spectrum auction authority for five years, allocate $7 billion to the expired affordable connectivity program during FY 2024 and fully pay for the Secure and Trusted Communications Networks Reimbursement Program.
The FCC and NTIA are working together as well as Ira Keltz has seen in his 30 years of government service, but the deputy chief of the FCC’s Office of Engineering and Technology said finding consensus on spectrum issues remains difficult. Keltz spoke Wednesday at the International Symposium on Advanced Radio Technologies (ISART) conference in Denver. Echoing Keltz was Derek Khlopin, NTIA deputy associate administrator in the Office of Spectrum Management.
The FCC must recognize that public TV stations are separate and distinct from commercial stations, and the proposed definitions of locally originated content in the agency's local content application processing prioritization proceeding should reflect that, America's Public TV Stations said in a docket 24-14 filing Tuesday. Recapping a meeting with Commissioner Brendan Carr's office, APTS warned that the definitions in the NPRM don't align with the local programming of public TV stations. It said those definitions could have implications in future rulemakings for what's considered local broadcast programming.
The FCC Wireless Bureau on Tuesday approved revised performance plans by Bristol Bay Cellular Partnership (BBCP), TelAlaska Cellular and Windy City Cellular under the Alaska Plan. BBCP’s revised plan commits to providing a minimum of 10/2 Mbps service to 5,454 Alaskans and offering 1,277 customers with 25/15 Mbps 4G LTE, said a bureau public notice. TelAlaska committed to upgrade many of its 2G and 3G areas to 4G, the order added. In Nome, “it commits to upgrade to 4G LTE at a minimum of 10/1 Mbps.” Windy City’s revised plan upgrades customers on Adak Island from 2G to 4G, the bureau said.
The FCC Office of Engineering and Technology Tuesday sought comment on using geofencing in the 5.9 GHz band, which would allow higher power limits while protecting federal radiolocation service sites. Comments are due July 5 in docket 19-138. NTIA recently suggested that geofencing could allow higher equivalent isotropically radiated power limits for cellular vehicle-to-everything on-board units (see 2406100032). OET noted that filing and asked for comments on NTIA's proposal.
Boston became the latest opponent of the Public Safety Spectrum Alliance’s (PSSA) proposal that effectively gives the FirstNet Authority control of the 4.9 GHz band (see [Ref:2405240048). Local control of the band “is crucial for future preparedness and providing network resiliency to first responders,” said a filing at the FCC posted Tuesday in docket 07-100: “One of the most valuable aspects of the 4.9 GHz band is the flexibility it affords public-safety communications at the local level. Many local and regional authorities, including those in the Greater Boston area, currently operate point-to-point communications on the 4.9 GHz band during natural disasters, recovery efforts, and other emergencies.”
Securus urged the FCC to let providers of incarcerated people's communications services (IPCS) recover the cost of safety and security features. In a meeting with an aide to Commissioner Brendan Carr (see 2307130070), the IPCS provider said that including such features as recoverable costs is "a long-standing precedent in the commission's IPCS rulemaking." Ending recoverable costs, Securus warned, has the potential of affecting budgets and practices at correctional agencies, according to an ex parte filing Tuesday in docket 23-62. In addition, it said shifting costs will "put further strain on the budgets for providing services to incarcerated people" and cause providers to "compete for scarcer funding."
CTIA, the Ohio Telecom Association, USTelecom, NCTA, the Wireless ISP Association and other ISP groups asked the 6th U.S. Circuit Appeals Court to stay the FCC’s net neutrality order (see 2406100044). The FCC wants to move the case to the D.C. Circuit and has declined to stay the order, which takes effect July 22. The agency “has asserted total authority over how Americans access the Internet,” according to a joint motion filed Monday (docket 24-3450). “That is not hyperbole,” the groups said. The order “is only the latest jolt in a decade of regulatory whiplash for ISPs,” the associations said. After nearly 20 years of a light-touch approach to regulating the internet, in 2015 the FCC asserted for the first time authority over high-speed internet access service under Title II of the Communications Act, the filing said: Before the U.S. Supreme Court “could weigh in, a new Administration reverted to the traditional light-touch approach. Now, after another change in Administration, the Commission is back to a heavy hand, promising to make even more aggressive use of its claimed powers.” The court should stay “the latest flip-flop pending judicial review” since “petitioners are overwhelmingly likely to succeed on the merits,” the ISPs said. They argue that the order should be rejected under the Supreme Court’s evolving major questions doctrine. “Because the Commission cannot point to clear congressional authorization for applying common-carrier regulation to the Internet, the Order is unlawful,” they said.
The U.S. Supreme Court denied the Jan. 5 cert petition of Consumers’ Research challenging the FCC's method for determining the USF quarterly contribution factor (see 2401100044), a docket entry Monday said (docket 23-743). The petition asked SCOTUS to review a Dec. 14 decision of the 11th U.S. Circuit Court of Appeals upholding the Q4 2022 contribution factor (see 2312140058).