The commercial space industry widely objects to the FCC's proposed "object-years" approach for space safety, with numerous operators in comments last week calling it ineffective and more than one deriding it as "simplistic" (docket 18-313). Those comments were part of a record refresh in the FCC's orbital debris mitigation docket (see 2405020048). The FCC's object-years proposal would cap at 100 the number of years failed satellites in a constellation could remain in orbit. It has placed 100 object-years conditions on several non-geostationary orbit (NGSO) constellations in the past year (see 2406120006).
The U.S. Supreme Court’s conservative majority surprised no one Friday, issuing a decision decided on ideological lines that overrules the Chevron doctrine. Chevron gave agencies like the FCC and FTC deference in interpreting laws that Congress approved. On the penultimate day of its term, the court released a decision that wraps together Loper Bright Enterprises v. Raimondo and Relentless v. Commerce. Both cases concern fishing regulations but were used as a vehicle for overturning Chevron.
With SpaceX acknowledging its proposed G-block supplemental coverage from space (SCS) operations can't comply with the required aggregate out-of-band emissions limit, there is no reason for waiving the aggregate emissions limit, EchoStar said Thursday in docket 23-135. Even if the agency isn't ready to dismiss SpaceX's noncompliant application, the waiver at the very least necessitates a new public notice and pleading cycle because the amended waiver request is a major amendment, the filing argued. In its amended waiver request, filed earlier this month, SpaceX said the emissions limit set in the FCC's SCS order "is not practically achievable on an aggregate basis." SpaceX said the waiver, allowing for a different power flux density than the rules specify, would still protect adjacent band networks from harmful interference. The waiver also "would avoid placing artificial caps on the number of satellites that an operator may use to provide supplemental coverage," it said.
FCC Chairwoman Jessica Rosenworcel asked nine telecom companies how they will prevent politically motivated "fraudulent robocalls" that use AI (see 2204220051). A Thursday news release said Rosenworcel sent letters to AT&T, Charter, Comcast, Cox, Dish, Frontier, Lumen, T-Mobile and Verizon. The letters come after the agency responded to an AI-assisted fraudulent robocall campaign that targeted New Hampshire voters (see 2402060087). "This is just the beginning," Rosenworcel said. "We know that AI technologies will make it cheap and easy to flood our networks with deepfakes," she said: "As AI tools become more accessible to bad actors and scammers, we need to do everything we can to keep this junk off our networks."
The FCC extended through the end of the year an arrangement with NTIA, DOD and the Navy allowing citizens broadband radio service users to operate in the 3550-3650 MHz band in Hawaii before environmental sensing capability sensors are locally deployed. “After that time, federal operations near Hawaii will be protected by certified ESCs,” a Wednesday order said.
CTIA reminded the FCC that a July 8 deadline for carriers to implement new rules protecting consumers from SIM swapping and port-out fraud is fast approaching and urged the commission to act on its request for a temporary waiver (see 2401090026). Commissioners approved the rules 5-0 in November (see 2311150042). CTIA representatives met virtually with aides to Chairwoman Jessica Rosenworcel. Representatives of AT&T, T-Mobile, Verizon and UScellular joined them, a filing posted Thursday in docket 21-341 said. “Although providers have been attempting to expedite implementation as much as possible the rules are complex and require several interconnected technical changes and process updates that necessitate sufficient time to implement the comprehensive compliance solutions that will benefit consumers,” CTIA said. CTIA also joined NCTA and the Competitive Carriers Association on a petition seeking expedited action. “The robust record in this proceeding makes this clear: since before the Commission adopted the Order, the Petitioners, their member companies, and other stakeholders throughout industry consistently emphasized the complexity of this undertaking and urged that ample time is needed to complete that effort,” the petition said.
CTIA weighed in on the broadband data collection (BDC) process (see 2402200073), seeking tweaks to a proposed order, declaratory ruling and Further NPRM, in calls with staff for all five FCC commissioners. Expand the FNPRM “to encourage more robust stakeholder engagement on the processes and evidence used to restore fixed broadband locations to the map,” CTIA urged in a filing posted Thursday in docket 19-195. The group “encouraged the Commission not to adopt changes to the BDC process that could unnecessarily and disproportionately burden all fixed wireless providers, undermining the goal of technology neutrality.” There is “no basis in the record for imposing additional requirements that target one technology,” CTIA said. While not a focus of the item on circulation, CTIA "has suggested improvements to the mobile challenge process to help prepare for an expected increase in challenges related to the 5G Fund," the filing said.
The FCC Public Safety Bureau said in a report Thursday the Oct. 4 test of wireless emergency alerts and the broadcast emergency alert system appeared to be mostly a success, though there’s room for improvement. The report called for further FCC action addressing some of the problems uncovered. At the time of the tests, a Federal Emergency Management Agency official described (see 2310040071) them as “extremely successful." Based on survey data shared with the commission, “most respondents reported successful receipt of the WEA test message,” the report said: “The test also highlighted areas where WEA delivery can be improved, such as ensuring more consistent delivery and resolving issues concerning alert message audio tone and vibration cadence.” Meanwhile, “the large majority” of EAS participants “reported successful receipt and retransmission of the nationwide test” and “demonstrated that the national EAS distribution architecture is largely effective as designed.” The bureau found signs of progress compared with a similar test two years earlier. The message was received by 96.6% of EAS participants, compared with 89.3% in 2021, and the overall retransmission success rate was 93.6%, compared to 87.1%. The improvement is likely due to initiation of the 2023 test alert using common alerting protocol, “which introduced additional resiliency that was not available during the over-the-air-only 2021 nationwide test,” the bureau said. One negative was that more test participants reported equipment configuration issues and equipment failures than in 2021, the report said: “At the time of the test, approximately 23% of EAS equipment units, representing over 4,500 EAS Participants, were either using outdated software or were using equipment that no longer supported regular software updates.” Fully up-to-date gear had the highest receipt and retransmission rates. The Northern Mariana Islands, with a 20% retransmission success, and Guam, at 33.3%, had the worst success rates in the U.S. The bureau urged the FCC to consider rules “to improve the operational readiness of EAS Participants and Participating [wireless carriers], as well as ensure that EAS Participants are installing software updates in a timely manner and have plans for replacing equipment that is no longer supported by the manufacturer.” The bureau called on Congress to require all wireless carriers to support WEA and said industry can also take steps to make alerting more effective.
Contrary to some expectations, a draft order and Further NPRM allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services wasn’t expanded to include fixed wireless access and partnerships with nontraditional providers, based on the text of the draft released Thursday. Commissioners will vote July 18.
Thursday’s 6-3 U.S. Supreme Court decision in SEC v. Jarkesy could have large implications for future FCC enforcement actions, with academics, FCC attorneys and the three dissenting justices saying they expect it to prompt a storm of litigation for federal agencies.