Parties on both sides declared some victory from the U.S. Court of Appeals for the D.C. Circuit's decision Tuesday on appeals of the FCC 2018 Communications Act Title II broadband service regulation rollback. Backers of the order cheered most of the decision, while critics pointed to the court rejecting pre-emption of state and local regulations. There was partial dissent from Judge Stephen Williams and concurring opinions from Patricia Millett and Robert Wilkins. See our bulletins: 1910010016 and 1910010013.
Parties on both sides declared some victory from the U.S. Court of Appeals for the D.C. Circuit's decision Tuesday on appeals of the FCC 2018 Communications Act Title II broadband service regulation rollback. Backers of the order cheered most of the decision, while critics pointed to the court rejecting pre-emption of state and local regulations. There was partial dissent from Judge Stephen Williams and concurring opinions from Patricia Millett and Robert Wilkins. See our bulletins: 1910010016 and 1910010013.
FCC Commissioners differed along party lines about the strength of the agency's relationship with local government. Republican members noted areas of commonality and work the regulator has done with municipal and other non-federal counterparts. Democrats said the agency needs to improve. The commissioners were answering our questions at a news conference after their monthly meeting Thursday.
FCC work on 6 GHz has hit an apparent bottleneck at the Office of Engineering and Technology, which is working through the engineering analysis of potential threats to incumbent users by radio local access networks (RLAN), said industry officials on both sides. Sharing with Wi-Fi has broad support at the commission, but OET has lots on its plate so a final order could take time, officials said. Meanwhile, the first Wi-Fi 6 devices are hitting stores. The band is considered the most promising to provide broad channels for a new generation of Wi-Fi.
FCC work on 6 GHz has hit an apparent bottleneck at the Office of Engineering and Technology, which is working through the engineering analysis of potential threats to incumbent users by radio local access networks (RLAN), said industry officials on both sides. Sharing with Wi-Fi has broad support at the commission, but OET has lots on its plate so a final order could take time, officials said. Meanwhile, the first Wi-Fi 6 devices are hitting stores. The band is considered the most promising to provide broad channels for a new generation of Wi-Fi.
The FCC proposes eliminating access arbitrage in a 43-page draft order for docket 18-155 updating the intercarrier compensation regime. Commissioners are scheduled to consider that and four other proposals at the Sept. 26 commissioners' meeting. They are USF funding for Puerto Rico and the U.S. Virgin Islands; auction procedures for the 3.5 MHz band; public notice simplifications for broadcast filings; and direct broadcast satellite licensing rules (see 1909040073).
FCC Commissioner Brendan Carr is weighing next steps after the U.S. Court of Appeals for the D.C. Circuit reversed a key part of the FCC’s March 2018 wireless infrastructure order Friday (see 1908090021). The court said in United Keetoowah Band v. FCC, No. 18-1129, the FCC unlawfully excluded small cells from National Environmental Protection Act and the National Historic Preservation Act review. The court upheld other parts of the order. The 9th U.S. Circuit Court of Appeals hasn't heard oral argument in a challenge to other small-cell permitting rules the FCC approved last year (see 1906180022),
Both an FCC commissioner and critics of the agency's approval Thursday of a local franchise authority (LFA) order anticipate its being challenged in court. Commissioner Geoffrey Starks, who along with Commissioner Jessica Rosenworcel dissented in the 3-2 vote, said he has "no doubt" about litigation. Emailed NATOA General Counsel Nancy Werner, "There will be litigation over the final order."
Nokia officials urged the FCC to move forward on the C band for 5G, in a meeting with FCC Commissioner Jessica Rosenworcel. “While the planned 2.5 GHz band and 3.5 GHz band auctions are positive steps for mid-band spectrum in the U.S., they do not remove the urgency of moving forward with the 3.7 GHz band,” Nokia said in a filing posted Tuesday in docket 18-122. “Terrestrial wireless spectrum in the mid-band is critical to the United States keeping pace globally in the ‘Race to 5G.’ Nokia outlined the most recent international developments where spectrum allocation and product development and deployment planning in mid-band continue ahead of the U.S.”
Nokia officials urged the FCC to move forward on the C band for 5G, in a meeting with FCC Commissioner Jessica Rosenworcel. “While the planned 2.5 GHz band and 3.5 GHz band auctions are positive steps for mid-band spectrum in the U.S., they do not remove the urgency of moving forward with the 3.7 GHz band,” Nokia said in a filing posted Tuesday in docket 18-122. “Terrestrial wireless spectrum in the mid-band is critical to the United States keeping pace globally in the ‘Race to 5G.’ Nokia outlined the most recent international developments where spectrum allocation and product development and deployment planning in mid-band continue ahead of the U.S.”