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).
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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.”
After a prolonged negotiation, DOJ reached agreement with T-Mobile/Sprint and Dish Network (see 1907260021). Justice got five attorneys general onboard from states that hadn't tried to block the multibillion dollar transaction. Industry officials said getting some support from states was important to the department and delayed an announcement by a day, though opposing states are expected to continue their lawsuit in federal court in New York. The California Public Utilities Commission also hasn't approved the deal. DOJ’s consent decree with the companies did little to mollify most critics.
After a prolonged negotiation, DOJ reached agreement with T-Mobile/Sprint and Dish Network (see 1907260021). Justice got five attorneys general onboard from states that hadn't tried to block the multibillion dollar transaction. Industry officials said getting some support from states was important to the department and delayed an announcement by a day, though opposing states are expected to continue their lawsuit in federal court in New York. The California Public Utilities Commission also hasn't approved the deal. DOJ’s consent decree with the companies did little to mollify most critics.
The FCC moved a step closer to a three-year, $100 million telehealth pilot, with an NPRM issued Thursday, a day after unanimous approval, in docket 18-213. The OK was expected (see 1907090034). Commissioner Jessica Rosenworcel hopes the pilot will include projects to study how broadband-enabled monitoring can help curb the growing incidence of maternal mortality by tracking blood pressure, weight and other metrics in women with preeclampsia. She would like to see patients studied in every state and territory. Commissioner Geoffrey Starks said the program could help remotely connect veterans, adolescents and others to mental health professionals outside their own states. Comments are due 30 days after Federal Register publication, replies 30 days later.
The FCC moved a step closer to a three-year, $100 million telehealth pilot, with an NPRM issued Thursday, a day after unanimous approval, in docket 18-213. The OK was expected (see 1907090034). Commissioner Jessica Rosenworcel hopes the pilot will include projects to study how broadband-enabled monitoring can help curb the growing incidence of maternal mortality by tracking blood pressure, weight and other metrics in women with preeclampsia. She would like to see patients studied in every state and territory. Commissioner Geoffrey Starks said the program could help remotely connect veterans, adolescents and others to mental health professionals outside their own states. Comments are due 30 days after Federal Register publication, replies 30 days later.
The FCC voted along party lines Wednesday for partial pre-emption of San Francisco's Article 52 open-access rule, with dissenting Democratic commissioners complaining of regulatory overreach. Geoffrey Starks called the declaratory ruling “not sound law and not good policy." Jessica Rosenworcel said it's "an affront to our long history" of local control. The Republicans and Starks backed a related NPRM on other ways the FCC could boost broadband deployment in multi-tenant environments (MTE), though Mike O'Rielly said he did so with reservations. Chairman Ajit Pai said Article 52 is rife with ambiguity and chilled broadband investment. He said if the city's correct that Article 52 doesn't require sharing of in-use wiring (see 1907010023), there's no reason to object to the agency's narrow ruling banning such required sharing. Wireline Bureau Chief Kris Monteith told us pre-emption doesn't require FCC notification to San Francisco, and it becomes effective on the ruling's release. Mayor London Breed (D) didn't comment Thursday. With broadband deployment inherently interstate commerce, O'Rielly said after the meeting he anticipates the agency taking further pre-emptive steps on other state or local broadband deployment regulations. "I'm sorry they feel upset about that or their authority is being restricted -- it's our authority," he told us. "Sorry, not sorry." When we asked directly, none of the regular commissioners pointed to other state or local regimes that could be an agency target.