Globalstar and SpaceX are jousting over SpaceX's request that the FCC reverse its August partial approval of Globalstar's plan to replenish its first-generation HIBLEO-4 non-geostationary orbit satellite system (see 2408190003). A reversal of that order and a loss of the HIBLEO-4 license "would destabilize the Big LEO regulatory environment, undercut investment, disrupt and delay Globalstar’s [mobile satellite service] offerings," the company said in an opposition filing Tuesday. A reversal also would raise questions about the future of Globalstar's MSS business, it said. Globalstar said the FCC Space Bureau order followed "well-established" agency precedent in determining that the Globalstar satellites qualify as replacements. In its application last month for review of the August approval, SpaceX said the Space Bureau actually signed off on an entirely new constellation for Globalstar, letting it cut in line ahead of other operators that applied first to use the same spectrum. The agency should treat Globalstar the same as other operators that have had their applications put on hold pending a rulemaking on sharing the 1.6/2.4 GHz band, it said.
Working with the Cybersecurity and Infrastructure Security Agency, the FCC and the Department of Education released a resource guide for helping schools and libraries “evaluate their cybersecurity risks and identify the most impactful cybersecurity solutions.” Issued Wednesday, the guide is intended to help potential applicants for the FCC’s new three-year, $200 million cybersecurity pilot program for schools and libraries, the FCC said. Commissioners approved the pilot program 3-2 in June. Commissioners Brendan Carr and Nathan Simington dissented (see 2406060043). “Given the budget and resource constraints facing schools and libraries, the resource guide highlights free and low-cost options and focuses on the most impactful initial steps,” the FCC said: “The guide also recognizes that specific cybersecurity needs may vary and provides a framework for schools and libraries to identify solutions that meet their unique needs.”
The sale of Dish Network and Sling to DirecTV, as well as the spectrum-backed debt deals that accompany that transaction (see 2409300009), will give EchoStar several years to scale its wireless business, but that scaling up won't be easy, Lightshed Management's Walter Piecyk noted Wednesday. Along with the $10 billion EchoStar is raising against its AWS-3 and AWS-4 spectrum, its 3.5 GHz holdings could unlock another $2.75 billion in borrowing, he said. The DirecTV and spectrum deals provide EchoStar money for existing leases while the FCC approval of longer milestones for its 5G network buildout (see 2409200049) focuses on areas where EchoStar would use co-locations instead of new tower builds, he said. It also provides funding for the AT&T and T-Mobile mobile virtual network operator agreements, he said. A stronger balance sheet puts EchoStar in a better position to invest in customer acquisition for its Boost wireless business, "though this remains an uphill battle due to the industry’s low churn rates."
China-based Hikvision USA provided the FCC with additional information about its proposed plan for compliance with agency rules (see 2308070047). Questions were posed during an August meeting with staff from the FCC Public Safety Bureau, Office of Engineering and Office of General Counsel, said a filing this week in docket 21-232. “Hikvision does not market, sell, or distribute component parts to the U.S. market,” the company said: “Nor does it intentionally make available Hikvision-manufactured component parts for inclusion in products marketed, sold, or distributed in the United States.” Hikvision said Hangzhou Hikvision Technology “or one of its subsidiaries or affiliates, such as Ezviz or HikRobot, contracts directly” with original equipment manufacturers. It’s Hikvision’s understanding “that the OEM entity will apply for and obtain the applicable equipment authorization from the Commission,” the filing said.
FCC Commissioner Anna Gomez, who led U.S. preparation for last year’s World Radiocommunication Conference before she was confirmed to the FCC (see 2309120074), warned that the U.S. must prepare now for WRC-27. “Overall, we did very well, but it’s complicated,” Gomez said of WRC-23. “We succeeded in maintaining the 6 GHz band as the home for unlicensed innovation,” though other countries “also claimed victory because they received designations that allow them [to] use parts of the band” for international mobile telecommunications, she said. Gomez spoke Tuesday at the Americas Spectrum Management Conference. The U.S. also won on new allocations for satellite use of the 17 GHz band, she said. “Some countries were seeking to place new restrictions on the ability of countries to authorize satellite systems to provide commercial services in frequencies that have not been allocated internationally for satellite use,” she said: “That did not happen and that is a big win for the U.S. and innovation.” She also discussed the importance of the sharing model offered by the citizens broadband radio service band, developed through “intentional collaboration” between the FCC, the NTIA and DOD. “CBRS has demonstrated that shared spectrum schemes are not only possible but successful and can scale up to incorporate developments, protect incumbents, create more access and encourage new market entrants.” Gomez also stressed the importance of Congress restoring FCC auction authority. Currently, “our agency cannot begin the lengthy preparatory work to hold an auction” and “we are even limited in how we can use staff time for auction planning.” Gomez warned of a talent drain at the commission. “Bright, talented attorneys, economists, engineers and staff that have built years of expertise in spectrum auctions are having to pivot to other work,” she said. “The robust, expert team that we developed and grew in preparation for more auctions is slimming down.”
Tribal-area wireless provider Smith Bagley told the FCC the Navajo Nation this week adopted a legislative resolution supporting the carrier’s April request for a waiver of Lifeline rules. The provider asked the FCC to temporarily provide expanded monthly tribal Lifeline benefits of $25 to $65.75 to make up for the loss of funding following the expiration of the affordable connectivity program (see 2404080030). During the COVID-19 pandemic, Smith Bagley “added 100 Gigabytes of data each month for Tribal ACP customers to use while their Tribal lands were closed down and they were forced to stay home,” said a filing posted Wednesday in docket 11-42. Now that ACP has lapsed, Smith Bagley “can no longer provide the additional 100 Gigabytes of data to Tribal homes,” the filing said: “With minor adjustments, it has returned to its pre-COVID rate plans, which means that high data use customers must purchase additional bundles of data when needed.”
A coalition of 14 states asked the 8th U.S. Circuit Court of Appeals to vacate an FCC order establishing per-minute rate caps for intrastate audio and video communications services for incarcerated people in a petition filed Monday (see 2409190061). Indiana, Arkansas, Alabama, Florida, Georgia, Idaho, Iowa, Missouri, Ohio, South Carolina, South Dakota, Tennessee, Utah, and Virginia filed the joint petition (docket 24-2983). A brief from the states is due Nov. 25.
FCC Chairwoman Jessica Rosenworcel considers fixed wireless access important to competition and 6G helping the wireless industry cope with growing data demands, she said in a recent interview with the San Francisco Examiner. “We’re going to see more activities in the [IoT], more monitoring of industrial equipment, opportunities for smarter cities and smarter services,” Rosenworcel said, adding that the business models are developing. 6G will help “when we get to a point where we’re capacity-constrained on 5G and need to start thinking about what new technologies can assist us with the new loads.” Fixed wireless “is providing some real competitive pressure on a lot of incumbent broadband providers today.” Asked if FWA is a “true alternative” to wired broadband, Rosenworcel said, “the numbers suggest it is” and “a lot of households are signing up.” She touched on some of her top priorities, including the importance of Congress renewing FCC auction authority. The FCC is trying to develop “a legal and social norm” for when AI is used in communications, she said: “You should expect to be told.” On the use of AI in political campaigns, she acknowledged that “there’s a whole world online that’s outside of our purview.” But “waiting for a law that’s perfect, that captures every platform and venue, is waiting too long,” she said. “When I look at the Communications Act, I see principles of competition, universal access, public safety and consumer protection,” Rosenworcel said: “Those values have stood the test of time. So how do we take this law and make sure it meets this moment?” Rosenworcel declined comment when asked whether she would stick around if Kamala Harris is elected president. “Let’s see how the election goes,” she said.
Cellular service in areas affected by Hurricane Helene worsened Tuesday, according to FCC outage reports, as communications companies and the FCC announced further relief efforts. Tuesday’s Disaster Information Reporting Service update showed 21.7% of cell sites down in the affected areas, an increase from the 9.1% reported Monday. Cable and wireline companies reported 796,999 subscribers without service, an improvement from the 886,139 Monday. The FCC voted Wednesday to temporarily waive some Lifeline program eligibility requirements to allow households receiving federal disaster assistance to also benefit from Lifeline assistance, said a release. "In the aftermath of Hurricane Helene, our thoughts are with the communities that need to rebuild and the residents who have lost loved ones or are enduring the unbearable wait to hear from family members," said Chairwoman Jessica Rosenworcel in the release. The FCC Public Safety and Wireless Bureaus also announced Wednesday that regulatory filing deadline extensions would apply in the additional Hurricane areas, which include Tennessee, Virginia and parts of South Carolina. The extension -- which moves regulatory deadlines between Sept. 23 and Oct. 28 to Oct. 29 -- already applied to numerous counties in South Carolina, North Carolina, Georgia and Florida. The Wireline Bureau also partially waived telephone number aging rules to make it easier for customers affected by Helene to disconnect or restore their service. The waiver will allow service providers to temporarily disconnect the customers' telephone service to avoid billing issues and then reinstate the same numbers when service is reconnected, according to a public notice. SpaceX’s Starlink said on its website homepage Wednesday that it was making service free for the first month in areas affected by Helene. Spectrum said it committed $250,000 in cash contributions to hurricane relief efforts and opened nearly 90,000 out-of-home WiFi access points across affected states. The access points will be available to all users at no cost through Oct. 7, Spectrum said. The company is also offering $750,000 worth of public service announcements for free to charities assisting with hurricane relief. Sinclair Broadcast launched a fundraising partnership with the Salvation Army at sinclaircares.com and pledged to donate up to $50,000, Sinclair said.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. Lawsuits added since the last update are marked with an *.