FCC Releases November Drafts, Including C-Band NPRM and Salt Typhoon Recon Order

The FCC’s proposed upper C-band clearing could in many ways mirror its lower C-band clearing, with the agency suggesting a variety of similar steps. Among them, the NPRM proposes that the upper C band be auctioned in similar block sizes and that incumbent earth station operators have the same lump-sum or actual transition costs reimbursement choice.

The upper C-band NPRM asks about options for reconfiguring anywhere from the 3.98-4.08 GHz swatch of the upper C band to the 3.98-4.16 GHz swath. Regardless of how much spectrum gets reconfigured, the rest of the upper C band would be for repacked fixed satellite service operations, it said. The commission also is looking at a similar deadline for FSS operators to be out of the upper C band as it did in the lower C band -- about 5.5 years after adoption of the final rules. The NPRM seeks input on how quickly satellite and incumbent earth station operators can transition their upper C-band operations, asking them to propose an FSS transition deadline that they see as achievable.

The NPRM doesn’t propose incentives for early clearing of the band by incumbent satellite operators but instead asks whether that approach would be appropriate, given the different scope and scale of parties that may be seeking transition cost reimbursement, as well as the timing of any adjacent band altimeter retrofits. In addition, the item makes clear that any incumbent satellite operator seeking reimbursement for new satellites is going to get reimbursed for transition costs related only to continuing to offer C-band service to incumbent earth stations in the contiguous U.S.

The FCC will also vote on an order on reconsideration that would rescind the prior FCC’s cybersecurity declaratory rule -- approved in January in the wake of the Salt Typhoon cyberattacks -- and find it “unlawful and unnecessary.” The item would also withdraw an NPRM on cybersecurity requirements that was issued along with the declaratory ruling. The draft order would conclude that the prior FCC misinterpreted the Communications Assistance for Law Enforcement Act “and unnecessarily raised and purported to resolve issues that were not appropriate for consideration in the absence of public input,” said an FCC fact sheet. The item would also conclude that the ruling’s “broad and vague approach to cybersecurity is an ineffective response to the Salt Typhoon exploit, and that the Commission should instead continue to pursue an agile and collaborative approach to cybersecurity through federal-private partnerships.”

The commissioners will also vote on an NPRM on updating the telecommunications relay service (TRS) rules. The three analog relay services “have seen declining or minimal usage,” while the three internet-based forms of TRS “continue to advance and communication service providers and equipment manufacturers integrate accessible communications functionalities into their services and devices,” an FCC fact sheet said. The draft NPRM seeks comment on transitioning analog users to internet-based TRS services and on terminating the mandatory status of the analog TTY relay for state-based programs. It also proposes to recognize IP speech-to-speech (STS) “as a compensable form of TRS that would include video-assisted STS as an integrated or add-on component.” In addition, the fact sheet said the draft would seek comment on applying user eligibility, verification and other requirements to all TRS and on deleting outdated TRS rules.

Also up for a vote will be a new direct final rule order focused on repealing 21 public safety and homeland security rules that are outdated or obsolete, the FCC said. The targeted rules include references to outdated procedures or timelines that have already passed and entities that no longer exist, like the Joint Telecommunications Resources Board, said the draft item. As with previous DFR orders, the draft item gives the public 20 days after Federal Register publication to object to deletion of the rules.