WifiForward called on the FCC to reject Axon's waiver request that would allow it to market three investigative and surveillance devices operating at higher power levels than allowed under FCC rules in the heavily used 5 GHz spectrum. Law enforcement agencies are the intended market for the devices. The proposal has proven controversial (see 2403080044). Axon should “re-engineer its devices with compliant technology readily available in the highly-competitive Wi-Fi equipment and module marketplace,” WifiForward said. “There is no reason why, in 2024, a vendor should come before the Commission with outdated technology that fails to meet the band rules, proposing to disrupt the successful coexistence environment that the Commission so carefully built,” a filing posted Thursday in docket 24-40 said.
Mongoose Works is entitled to an additional $69,686 in the C-band transition reimbursement, FCC Administrative Law Judge Jane Hinckley Halprin ordered Thursday (docket 21-333). Mongoose appealed a Wireless Bureau decision upholding the C-Band Relocation Payment Clearinghouse’s reducing Mongoose’s lump sum claim amount from $356,052 to $286,366 under the C-band relocation program (see 2309180019). In her 17-page order, the judge said Mongoose proved that its operations weren't restored to pre-reallocation capabilities and that the categorization of two of its antennas is inconsistent with the agency's C-band order.
The FCC on Thursday approved Nokia’s application to begin initial commercial operations as a spectrum access system administrator for the citizens broadband radio service band. Nokia has satisfied the commission’s SAS laboratory testing requirements, a notice from the Wireless Bureau and Office of Engineering and Technology said. Nokia must file at the FCC information on the beginning date of its initial commercial deployment and specific geographic areas covered, the notice said.
FCC Chairwoman Jessica Rosenworcel had “no comment" Thursday when reporters asked her about 16 House Democrats’ request that Inspector General Fara Damelin and federal watchdogs investigate Republican Commissioner Brendan Carr for potential ethics rules violations related to him writing the telecom chapter of the Heritage Foundation’s Project 2025 policy report (see 2407170061). During a news conference Thursday, Carr largely repeated an earlier statement that his Project 2025 writing didn’t run afoul of ethics rules. FCC ethics officials “signed off on me” writing the Project 2025 chapter “in my personal capacity, which I did,” Carr told reporters. He also pushed back against lawmakers’ claims that identifying himself as a sitting FCC commissioner violated the Hatch Act. FCC ethics officials found “you are allowed to list your current position” in a biography accompanying text written in a personal capacity “among the other sort of biographical details that would be in a bio,” Carr said: Many of the ideas included in the Project 2025 chapter come from “ideas that I’ve put forward in a lot of different contexts, including testimony and in speeches. It's pretty basic stuff,” which isn’t “that controversial.” He later declined to discuss whether he agreed with a Project 2025 proposal that the FCC exclude stations affiliated with PBS and NPR from being designated as noncommercial educational stations, saying he was speaking during the news conference in his personal capacity. That proposal is included in a CPB chapter of the Project 2025 book that Carr did not write.
FCC commissioners adopted a series of items implementing the Martha Wright-Reed Act of 2022 during their open meeting Thursday (see 2407140001). A report and order reduces the permanent per minute rate caps for audio calls and for the first time establishes interim rate caps for video calls for incarcerated people. The law also clarified the FCC’s authority to also set rate caps for intrastate and international calls.
The FCC Thursday unanimously approved, as expected (see 2407160048), an NPRM that proposes industry-wide handset unlocking rules, requiring all mobile wireless providers to unlock handsets 60 days after they’re activated, unless a carrier determines the handset “was purchased through fraud.” The only change of note was an edit on handset and fraud issues added at Commissioner Brendan Carr's request, an FCC official said.
FCC commissioners approved 3-2 a draft order and Further NPRM at their Thursday open meeting that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. The FCC Republicans issued dissents as expected (see 2407170035). In a lengthy dissent, Commissioner Brendan Carr questioned whether the order would survive a legal challenge.
Congressional GOP leaders demanded Thursday that the FCC and other independent agencies adhere strictly to its narrowed leeway of interpreting federal laws following the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other recent rulings that rein in federal agencies (see 2407080039). House Commerce Committee Chair Cathy McMorris Rodgers of Washington and Oversight Committee Chairman James Comer of Kentucky pressed the FCC, FTC and Commerce Department to understand the “limitations” Loper “set on your authority” given it overruled the Chevron doctrine. Meanwhile, FCC Commissioner Brendan Carr pooh-poohed critics of Loper who argue it hamstrings regulatory agencies. Communications-focused lawyers at an Incompas event eyed a range of legal challenges to recent FCC actions that could face improved prospects because of Loper.
Small wireless carrier Smith Bagley urged the FCC to approve a waiver that Carolina West Wireless sought allowing it to receive supplemental high-cost USF support. Carolina West highlights a problem that many small carriers face, Smith Bagley said. “In many sparsely populated areas, new cell towers deliver high-quality voice and data services, both fixed and mobile, to citizens who are among the last in the nation to receive them,” a filing posted this week in docket 09-51 said: “Small wireless carriers like Carolina West are carrying out the task that the FCC, by way of Congress, seeks to complete -- providing rural citizens with advanced voice and data services that are reasonably comparable to those available in urban areas.”
FCC Chairwoman Jessica Rosenworcel circulated for a commissioner vote a long-awaited order (see 2404180050) finalizing rules for cellular vehicle-to-everything use of the 5.9 GHz band, the agency said Wednesday. The order wasn’t circulated in anticipation of a vote during the commissioners' Aug. 7 open meeting. Accordingly, the FCC did not release the order's text. The order codifies “C-V2X technical parameters in the Commission’s rules, including power and emission limits and message prioritization,” a news release said. The rules provide flexibility for the auto industry “to use three 10-megahertz channels either separately, in combination as a 20 megahertz channel or as a single … channel” and would “establish prioritization of safety-of-life communications,” the release said. Licensees operating under C-V2X waivers wouldn’t need to change already deployed systems. The order also provides a two-year timeline for sunsetting existing dedicated short range communications technology, the FCC said. Under the rules, geofencing could be used to allow higher equivalent isotopically radiated power limits for on-board C-V2X units, as NTIA proposed. The proposal received broad support in comments just filed at the FCC (see 2407080024). “The evolution of the 5.9 GHz band advances new car safety technologies in an efficient and effective way while also growing our wireless economy,” Rosenworcel said: “This is sound spectrum management at work.” The order was circulated Tuesday, the FCC said. Rules for the band were changed late in 2020, allocating 45 MHz for Wi-Fi and 30 MHz for C-V2X technology (see 2011180043). “This is a very positive development -- and something we’ve been urging the FCC to greenlight for nearly four years,” emailed Hilary Cain, senior vice president-policy at the Alliance for Automotive Innovation. “C-V2X is an exciting safety technology and a perfect example of the sort of spectrum-enabled innovation that’s possible when the FCC and [the] auto industry work together,” she said.