The Association of Public-Safety Communications Officials warned that dispatchable location of wireless calls to 911 may not happen. APCO representatives met with an aide to FCC Chairwoman Jessica Rosenworcel. “The promise of dispatchable location has substantially faded since it was heralded by the industry and identified as the gold standard for public safety” in an FCC order “nearly 10 years ago,” said a filing last week in docket 07-114. “While wireless carriers may be delivering dispatchable locations for a small number of wireless 9-1-1 calls, the methods being used and whether/how any testing has been conducted are unknown,” APCO said. There is also “a lack of uniformity among the reports produced by the carriers, which makes it difficult to compare and evaluate their efforts.”
The American Consumer Institute (ACI) questioned whether the FCC has legal authority to impose handset unlocking rules on carriers, as proposed in an NPRM that commissioners approved 5-0 in July (see 2407180037). “The FCC relies on dubious legal authority to justify unsupported economic assertions, which threaten to undermine the pro-competitive consumer benefits the Commission seeks to achieve,” said a filing posted Monday in docket 24-186. “Instead of empirically validating its claims with a cost-benefit analysis about pro-competitive market conditions from the rule, it simply asserts its conclusions as fact and then works backward from preordained outcomes to justify its decision,” ACI said.
Industry groups repeated in reply comments their earlier arguments that addressing tribal issues shouldn’t slow the awarding of funds through the $9 billion 5G Fund that FCC commissioners approved in August (see 2410180036). Replies were posted on Monday in docket 20-32. Commissioner Brendan Carr dissented on the 5G Fund item, which included a Further NPRM on tribal issues (see 2408290022). Tribes and their associations have stressed the importance of collaboration with tribal governments (see 2410170045). The record shows “that any 5G Fund Tribal consent requirements need to account for the time and uncertainties involved in obtaining Tribal consent,” CTIA said. The commission “should also consider whether Tribal entities’ consent may be presumed after a certain period of good-faith efforts by the 5G Fund applicant,” the group said: “In no event, … should a winning bidder be placed in default or otherwise subject to penalties if the winning bidder demonstrates good-faith efforts to obtain consent in accordance with the rules.” The Rural Wireless Association said the rules should mirror the tribal land bidding credit framework used in other FCC programs. “Obtaining Tribal consent during the long-form application process can be unduly burdensome,” RWA said: “It is also unnecessary for the Tribal consent to be obtained prior to the filing of the long-form application as such consent can still be obtained and provided to the FCC before funding is received."
Senate Commerce Committee ranking member Ted Cruz of Texas and two other panel Republicans are claiming that the Commerce Department’s Project Local Estimates of Internet Adoption is “manipulating census data to suppress the number of American households connected to high-speed internet via wireless and satellite technologies,” an omission that appears “politically motivated to disenfranchise alternative satellite broadband providers.” The Project LEIA website “claims its estimates offer reliable data on internet adoption for all U.S. counties,” but “it fails to mention the exclusion of millions of American households who rely on wireless and satellite technologies for internet access,” Cruz and the other GOP senators said in a Thursday letter to NTIA Administrator Alan Davidson and Census Bureau Director Robert Santos. Cruz and the other senators, Marsha Blackburn of Tennessee and Cynthia Lummis of Wyoming, said the Project LEIA omissions are aimed at hurting SpaceX’s Starlink. They compare the act to an earlier FCC decision to bar Starlink from the Rural Digital Opportunity Fund program (see 2312140048) to punish CEO Elon Musk. “This omission results in systemic undercounting and data bias. When the data are wrong, policy outcomes will inevitably suffer.” It “underscores the current administration’s prioritization of politics over sound policy -- an approach that has sabotaged” the Broadband Equity, Access and Deployment (BEAD) program “and perpetuates misinformation about broadband in America,” the senators said in the letter, released Friday. They want Davidson and Santos to respond by Nov. 14. NTIA has “received the letter and will respond through the proper channels," a spokesperson emailed. The Census Bureau didn’t comment.
SpaceX's petition seeking a revision of U.S. spectrum-sharing methodology between geostationary orbit (GSO) and non-geostationary orbit (NGSO) fixed satellite service downlinks (see 2408120018) is facing pushback from some satellite operators. It also gained support from a fellow mega constellation operator. Fights over equivalent power flux density (EPFD) limits arose during ITU's 2023 World Radiocommunication Conference and were expected to continue before the FCC and ITU up into the forthcoming WRC-27 (see 2402200005).
A panel of the 5th U.S. Circuit Appeals Court on Monday gave little indication how it would rule as its three judges heard arguments on overturning the agency's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040). Maurine and Matthew Molak of Texas brought the case, arguing that the ruling went beyond the commission’s authority to act under the Communications Act.
GPS spoofing and jamming, already at record levels, will only get worse, experts said Monday at a Hudson Institute event in Washington. Numerous available routes could ameliorate the problem, but there has been a lack of political and policy will, speakers said. FCC Commissioner Nathan Simington called for the agency to use its statutory authority to tackle spoofing and jamming.
U.S. Supreme Court justices Monday appeared divided on telecom industry arguments that reimbursement requests submitted to the Universal Service Administrative Co.-administered E-rate program can’t be considered “claims” under the False Claims Act (FCA). Justices peppered lawyers for both sides with questions during oral argument as they heard Wisconsin Bell v. U.S., a case from the 7th U.S. Circuit Appeals Court (see 2410070047).
FCC Commissioner Brendan Carr is calling for an FCC investigation into whether NBC violated the agency’s equal time rules by broadcasting an appearance by Democratic presidential nominee Kamala Harris’ Saturday Night Live over the weekend. However, the agency, communications attorneys and academics say the network appears to have complied when it provided free air time to Republican presidential nominee Donald Trump during major sports broadcasts Sunday. “I think the credibility and integrity of the FCC is on the line here,” Carr said Sunday in an interview on X. But a spokesperson for Chairwoman Jessica Rosenworcel in a post on X Monday said, “Our rules do not require that a network seek out opposing campaigns to offer the time,” adding, “the rival candidates have to request it. The requirements outlined under the FCC's ‘equal time’ rules here have been satisfied.”
The Tuesday congressional elections could lead to significant turnover on the Senate Commerce Committee even beyond ranking member Ted Cruz, R-Texas, with four other panel members facing tough or potentially competitive reelection fights. The outcome of Cruz’s reelection bid against Rep. Colin Allred, D-Texas, has the biggest potential to alter the Senate Commerce dynamic because Cruz is poised to become panel chairman if he's reelected and Republicans gain a majority in the upper chamber (see 2411040049). Late polls suggested both of these results are more likely than not. It's less likely there will be substantial turnover on the Senate Judiciary, House Commerce and House Judiciary committees, as only a handful of those panels’ members face competitive contests.