Caitlin Barbas, ex-FCC, and Morgan Schick, ex-Wilkinson Barker, join DLA Piper as associates in the firm’s Telecom Practice ... Information management software and services company OpenText appoints Fletcher Previn, Cisco Systems, to board.
Non-geostationary orbit startup Hubble Network is seeking authority for a four-satellite constellation that would operate in the UHF and S bands, providing Bluetooth Earth-to-space connectivity, according to an FCC Space Bureau application posted Tuesday.
SpaceX received the FCC Space Bureau go-ahead to provide commercial supplemental coverage from space services using its Starlink satellites, as expected (see 2410290033). In an FCC Space Bureau order issued Tuesday, the bureau said the direct-to-smartphone service -- in partnership with T-Mobile and using 1910-1915 MHz unlinks and 1990-1995 MHz downlinks on a secondary basis -- is unlikely to cause harmful interference with in-band terrestrial operations. In addition, the bureau said it's in T-Mobile's "best interest to ensure that SpaceX will not cause harmful interference." The bureau's "rigorous analysis" of SpaceX plans indicate the satellite company can adjust its equivalent isotropically radiated power in a way that won't cause interference with Omnispace, which had raised interference concerns with the agency (see 2410080045). The bureau said it also believes SpaceX can adequately protect adjacent-band users against interference from its downlinks. The bureau said it was deferring consideration of SpaceX's request for relaxed out-of-band power flux density limits (see 2408130008) but signed off on the company operating its second-generation satellites at a lower, 340-360 km orbital shell for D2D service (see 2403250003). And the bureau approved SpaceX's use of very high frequency beacons in that altitude range. The agency had signed off earlier this month on VHF beacons for second-generation Starlinks but not at those altitudes (see 2411210045).
Noting the lack of action on its 2019 applications for review (see 1905150057 and 1908020007), beIN Sports is urging that the FCC address the issue before the commission's January meeting. In a docket 13-384 filing posted Tuesday, it said carriage issues raised against Comcast that resulted in the applications for review still need addressing. The sports channel said the applications for review should be treated as reconsideration petitions, allowing the Media Bureau to make decisions about them.
The Wireless ISP Association asked the FCC to change how it characterizes the group’s stance on letter of credit issues in a draft order teed up for a commissioner vote Dec. 11 (see 2411200050). A footnote states “WISPA suggests that all letters of credit should be reduced to one year of support,” said a filing posted Tuesday in docket 10-90. “WISPA’s Comments can more fairly read to support the Commission’s proposed decision to allow RDOF recipients to reduce their letters of credit to one year of support if they have consistently met their deployment milestones,” WISPA said.
The FCC Wireless Bureau approved a waiver giving SiriusXM additional time to deploy satellite-based emergency communications for public safety agencies, in combination with AT&T. The order covers spectrum in the C and D blocks of the 2.3 GHz wireless communications service band, which the commission addressed in a 2017 order (see 1701180088). “Working with Sirius XM, AT&T has put forth a plan for the beneficial use of the C and D Blocks -- assigning the C and D Block licenses to Sirius XM so that Sirius XM could lease the bandwidth at no cost to one or more public safety agencies,” said an order in Tuesday’s Daily Digest. The service “would permit public safety agencies access to satellite communications services, using Sirius XM satellites, by pre-staging satellite receivers designed for WCS reception within the service area of each license to be deployed, as needed,” the order said. The bureau said AT&T tried developing a network for utilities in the spectrum: “Despite preliminary successes, according to AT&T, the service is no longer viable because of alternative spectrum available to utilities for smart grid operation.”
The FCC Wireless Bureau said it's examining carriers' numbering resource utilization and forecast (NRUF) reports and carrier-specific local number portability (LNP) data as it examines the T-Mobile/UScellular deal; it doesn't plan to disclose the data publicly. Consistent with past practices, "we will make such information available to participants in this proceeding, but limit such access to their Outside Counsel of Record and Outside Consultants whom they retain to assist them in this proceeding, and their Outside Counsel’s and Outside Consultants’ employees,” said a Tuesday order in docket 24-286. The bureau said in a separate notice providers have until Dec. 6 “to oppose the limited disclosure of their NRUF and LNP data pursuant to the protective order.” T-Mobile announced in May a plan where it will acquire “substantially all” of UScellular’s wireless operations in a deal valued at about $4.4 billion, including $2 billion in assumed debt (see 2405280047). Also Tuesday, the FCC referred the transaction to the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Service Sector. The agency wants a review of “national security or law enforcement concerns related to the applications." DOJ requested that step (see 2411200013). The committee is informally known by its former name, Team Telecom.
The FCC's 3-2 April decision (see 2404290044) fining T-Mobile for allegedly not safeguarding data on customers' real-time locations should be overturned, the carrier said in a brief filed Monday at the U.S. Court of Appeals for the D.C. Circuit. “The FCC concluded that essentially the entire wireless industry had violated the law by continuing to operate location-based service (LBS) programs” based on actions by a “single, rogue actor” who “misused those programs,” T-Mobile said in docket 24-1224. T-Mobile was assessed the largest fine of the major carriers, more than $80 million, plus $12 million for Sprint's violations, which it subsequently acquired. Republican Commissioners Brendan Carr and Nathan Simington dissented, even though the FCC four years ago, under Republican Chair Ajit Pai, approved the initial notice of apparent liability. T-Mobile noted that it and Sprint ended their LBS programs months after reports of potential abuse surfaced. Moreover, it argued that the FCC lacks authority over LBS data under the Communications Act: “The FCC based its retroactive punishment on an utterly novel construction of the governing statute, holding, for the first time, that the mobile-device-location information used in those LBS programs was ‘customer proprietary network information" (CPNI). T-Mobile said the “FCC’s unilateral imposition of tens of millions of dollars in civil penalties violates the Companies’ jury-trial rights under the Seventh Amendment and Article III.” It cited the U.S. Supreme Court’s decision in SEC v. Jarkesy, which questioned administrative penalties handed down absent a jury trial (see 2406270063). The fines also violate principles of fair notice, the brief said. “The FCC adopted its broad view of CPNI for the first time in these enforcement proceedings, after the conduct had already occurred.” The FCC’s “hindsight-based liability findings” are also “arbitrary and capricious,” the provider said. “Among other safeguards, the Companies limited the number of entities with direct access to device-location information, ensured that LBS providers were vetted before allowing them to participate in the LBS programs, and required express customer consent before sharing device-location information.” The government is scheduled to respond Dec. 26. Verizon challenged the FCC’s fine in the 2nd Circuit, AT&T in the 5th Circuit (see 2411060008).
Incarcerated people’s calling service providers and law enforcement groups want the FCC to reconsider provisions of its implementation of the Martha Wright-Reed Act, but a coalition of public groups said the industry arguments are incorrect and procedurally wrong, comments filed in docket 23-62 posted Tuesday show. Most of the filings focused on October petitions for reconsideration of the FCC’s order from NCIC Communications and HomeWAV, and aimed at the agency’s categorization of costs and fees, handling of provider expenses, and timing of the order’s changes to prison calling rules.
O3b is no longer seeking FCC OK for the low earth orbit component of its proposed medium earth orbit constellation. In an FCC Space Bureau application posted Monday, the company said it's modifying its pending U.S. market access application and eliminating the LEO component. Since the LEO satellites were proposed for satellite-to-satellite communications, it is no longer seeking satellite-to-satellite authority.