FCC's Next Agenda Includes NPRM on Upper C-Band Auction and CALEA Order Reversal

Also on November's agenda, which was announced Wednesday, is an NPRM asking about telecommunications relay services modernization, an order rolling back a previous declaratory ruling that the agency made about the Communications Assistance for Law Enforcement Act (CALEA), and another "Delete" direct final rule.

The commission said the upper C-band NPRM "will consider all options" for the 3.98-4.2 GHz band. Carr's proposal "aims to maximize the amount of spectrum available for 5G and 6G services," he said. An auction -- with robust carrier participation -- is widely expected (see 2509120049).

The draft NPRM would generally apply the existing 3.7 GHz service rules to new terrestrial wireless operations and largely ape the 2020 lower C-band transition's rules and requirements, the FCC said. The NPRM seeks comment on ways to make 100-180 MHz of the upper C band available for terrestrial wireless use and asks about how much of the band beyond the 100 MHz minimum could be repurposed and how the transition could work. The agency said it also seeks comment on issues including ways to promote coexistence with adjacent-band radio altimeters, competitive bidding procedures for the eventual auction, and licensing and technical rules for any new wireless services.

In a statement, CTIA President Ajit Pai said the NPRM is "swift, decisive action to unlock upper C-band spectrum, a vital step toward securing America’s wireless leadership." The spectrum "is essential to expanding network capacity, driving innovation, and powering next-generation applications across the country, all to the benefit of consumers of fixed and mobile broadband services."

Telecommunications Relay Services and CALEA Items

Since TRS was first required by the Americans With Disabilities Act in 1990, "a lot has changed," Carr said. “It’s time to take a first principles approach to these services.” The item will seek comment on how TRS can be delivered efficiently in “an IP environment” and on deleting or updating obsolete rules, “like those the FCC has never enforced or govern an obsolete market structure,” Carr said.

The CALEA order, meanwhile, will “reverse an eleventh hour CALEA declaratory ruling reached by the prior FCC,” he said, likely referring to a January ruling to address the Salt Typhoon cyberattacks by requiring carriers to secure their networks from unlawful access and interception. CTIA, NCTA and USTelecom have repeatedly pressed the current administration to rescind the ruling, once again reiterating their request last week (see 2510230044). They filed a petition for reconsideration in February.

In a news conference Tuesday, Carr said the prior FCC’s ruling was based on “an unlawful reading of the statute,” and a better defense would be for the agency to push carriers to implement cybersecurity best practices. In Wednesday’s blog post, he said the ruling “exceeded the agency’s authority and did not present an effective or agile response to the relevant cybersecurity threats." Commissioner Anna Gomez voted for the January declaratory ruling, while Carr dissented.

The commissioners will also vote on an order deleting outdated Public Safety Bureau regulations, Carr said. The item will likely use the agency’s new direct final rule process, as previous “Delete” items have. “We’re looking to clear out rules that have since expired, haunt events of the past, or govern ghostly technologies,” Carr wrote. The proposed deletions include “a rule referencing a board that hasn’t existed in more than a decade, and another rule that was rendered moot back in 2012, when FirstNet was established.” Gomez has dissented from every previous DFR proceeding, including one at the October meeting Tuesday (see 2510280024).