Howard Buskirk

The U.S. Court of Appeals for the D.C. Circuit will decide, without oral argument, a case alleging that the FCC has an “affirmative legal obligation” under Sections 552 and 553 of the Administrative Procedure Act “to make its proposed and final rules readily available to the public without charge,” despite the process known as incorporation by reference (IBR), the court said Friday (docket 23-1311). IFixit, Public Resource and Make Community brought the challenge (see 2406050031). They charged that the FCC violated the APA when the commission failed to provide proper notice and comment protocol as it amended rules incorporating four equipment-testing standards (see 2311090002). “When IBR was adopted in the pre-Internet era, its purpose was to save the cost of reproducing in the Federal Register what are often voluminous technical standards that have been adopted by federal agencies as substantive rules, and hence are the law, apparently on the assumption that most of those who needed the standards already had access to them,” plaintiffs said in a June reply brief (see 2406050031): “Now that the FCC and every federal agency has a website on which they can, and do, post all of their rules not subject to IBR, there is no longer a cost justification rationale for IBR.” The court decided on its own motion, that oral argument will not assist … in this case,” the order said. “Accordingly, the court will dispose of the petition for review without oral argument on the basis of the appendix submitted by the parties and the presentations in the briefs.”

The FCC is getting lots of advice on potential changes to its draft order tackling robocalls and robotexts, set for a vote on Thursday (see 2409050045). Republican Commissioners Brendan Carr and Nathan Simington have mentioned concerns about the order but aren't necessarily expected to dissent on what is usually considered a top consumer priority, industry officials said Friday.

Telecom network operations worldwide are moving to the cloud, though not without challenges, experts said Wednesday during a TelecomTV webinar. “We’re seeing ... momentum,” said Mark Longwell, Redhat director-telco and edge alliances: “It’s real. It’s happening. Is it moving as fast as everyone wanted? Probably not.”

The FCC urged that the 5th U.S. Circuit Appeals Court reject Maurine and Matthew Molak's challenge of the commission’s October declaratory ruling clarifying that the use of Wi-Fi on school buses is an educational purpose and eligible for E-rate funding (see 2408300027). In a brief Wednesday, the agency argued the Molaks lack standing to bring the challenge and the agency acted within the law when it addressed school bus Wi-Fi.

T-Mobile anticipates having 12 million home internet customers by 2028, CEO Mike Sievert said Wednesday during the company’s Capital Markets Day. The company added 406,000 fixed wireless subscribers in Q2 (see 2407310040) and plans to cover as many as 15 million homes with fiber, based on its current agreements with other companies. It will cover more homes if it makes additional investments, he said. Sievert noted this was the company’s first such event since March 2021, when it was virtual because of the COVID-19 pandemic. In 2018, when T-Mobile announced its buy of Sprint, it was “dead last in the 4G LTE era without a lot of runway for growth,” he said. But T-Mobile was the first of the major carriers to recognize the importance of mid-band spectrum for 5G. T-Mobile has the most and highest-quality spectrum of any U.S. carrier “and will have for years to come,” he said. Sievert noted that T-Mobile also has the densest network as a benefit of the Sprint buy and an after-effect of the days when the carrier didn’t have low-band spectrum and needed more towers. “The next three or four years will not only continue but actually extend and accelerate our success,” Sievert said: “This is an entrepreneurial team that acts very quickly.” T-Mobile expects it will generate $80 billion in cash between now and 2027. The first $10 billion will pay for already announced transactions and $50 billion will be returned to shareholders. That leaves $20 billion, some of which could go to further investments. “That’s incredible flexibility.” Among the announcements T-Mobile made Wednesday (see 2409180018), the carrier said it's using its 5G stand-alone network to offer first responders priority access through network slicing under a new T-Priority offering. “The network slice ensures first responders get lower latency and faster 5G speeds more consistently, and it also gives them the highest priority across every single 5G band, even in times of extreme congestion,” said a news release. T-Mobile said its first major customer is New York City.

Scott Jordan, FCC chief technologist when the commission approved the 2015 net neutrality rules, defended the latest version in an amicus brief filed Tuesday at the 6th U.S. Circuit Court of Appeals in docket 24-7000. Petitioners “consistently conflate” three different kinds of internet access service -- dial-up, cable modem and broadband, Jordan said: “Petitioners use this conflation as the basis for their assertions that all forms of Internet access service were classified as information services prior to 2015. These assertions are incorrect as a matter of fact.” Now a computer science professor at the University of California, Irvine, Jordan was an advocate of the 2023 rules (see 2404160055). Capabilities listed in the definition of information service aren't offered by broadband internet access service, Jordan said. “They are offered by applications (information services) that utilize broadband Internet access service to transmit and receive data.” Jordan drew a comparison with the era when Netflix offered movies on DVD, sent through the mail. “Petitioners’ analogies would have the Court believe that not only was Netflix an information service, but that the US Postal Service was also an information service, and that the US Postal Service offered movies ‘in conjunction with’ Netflix.”

The successful deployment of open radio access networks will require international cooperation, speakers said Wednesday during NTIA’s first International ORAN Symposium in Golden, Colorado. On day one, conference attendees heard U.S. officials highlight the Biden administration’s commitment to open networks (see 2409170061).

The industry still lacks an agreed-upon “common definition” for cloud native, Beth Cohen, Verizon advanced networking and security product strategist, said during a TelecomTV webinar Tuesday. The definition that “makes the most sense” is applications designed and optimized to work in the cloud, Cohen argued. “That can be containerized applications; it can also be virtual, machine applications.” The application should be “built and designed, from the ground up, to work in a virtual environment, whatever that virtual environment may be,” she said. “There are a number of definitions, and they’re all right.” Containerization uses software that bundles an application's code with all the files and libraries it needs to run on any infrastructure. Michele D’Agostino, director-product management at software company Wind River, said cloud native must be built on “microservices and container orchestration.” In addition, “It needs to support dynamic scaling based on demand” and “needs to have automation and resiliency in case there are failures.” Cloud native, D'Agostino said, also must include analytical tools based on AI and machine learning. Automated software updates and zero-touch deployment are “critical to scale the types of networks we have within telecom.” For Joan Triay, manager and network architect, Docomo Communications Lab, cloud native isn’t a specific technology or solution. “It’s not even about containers,” Triay said: “It’s very difficult to define” cloud native “precisely, and I doubt that we will ever achieve that.” Part of the confusion comes from using the term liberally as a marketing tool. The telecom industry shouldn’t let cloud service providers “hijack the definition” of cloud native, Cohen said. “Telco cloud is different, and we need to keep that in mind.” The top benefit of cloud native is lowering the cost of running a network, said Sidd Chenumolu, head-product management at VMware by Broadcom. “The ability for a service provider to do life-cycle management in an automated manner … is definitely a huge cost savings,” he said. With cloud native, “you can adopt the best tool sets out there.”

Work remains before open radio access networks are viable worldwide, Sarah Morris, deputy NTIA administrator, warned Tuesday. Among the gaps are “consistent, repeatable and open RAN testing and speeding the pace of commercial-scale deployments,” Morris said during the opening NTIA’s first International ORAN Symposium, taking place this week in Golden, Colorado.

T-Mobile and UScellular made the case why T-Mobile’s proposed buy of “substantially all” of the smaller carrier’s wireless operations, including some of its spectrum (see 2405280047), makes sense for customers. In a public interest statement on the proposed transaction, they wrote, “The Transaction will increase competition across the UScellular footprint and not result in any competitive harm.” T-Mobile has “a well-established track record of using improvements in network performance and increased capacity to deliver greater value to consumers and enhance competition." The statement was posted Monday in docket 24-286, which the FCC created last week (see 2409110059). “Customers of both companies will experience significant benefits from increased network capacity, higher speeds, and reduced congestion within the UScellular footprint,” the companies said: “UScellular customers will have the choice to switch to a lower-cost T-Mobile plan or remain on their current UScellular rate plan, all while enjoying a world-class 5G network.” The filing said the deal won’t affect T-Mobile pricing, “which is generally lower than prices for comparable UScellular plans.” It emphasizes that about 40% of UScellular subscribers live in rural markets and the buy “will result in an enhanced user experience and faster and better 5G service for the rural customers of both companies.” Nearly all of UScellular’s customer devices are compatible with T-Mobile’s network and “migration of the vast majority of UScellular customers can be accomplished almost immediately after closing via an over-the-air software update,” the filing said. Much of the data was redacted from the public filing, including estimated monthly savings for UScellular customers, the combined capacity of the network that will be available to those subscribers and the number of households expected to gain access to T-Mobile’s Home Internet service. The companies told the FCC they don’t “have an overlapping competitive presence” in 74 of the cellular market areas (CMAs) affected, which is 37% of the markets involved in the transaction. “Both before and after the Transaction, at least three nationwide facilities-based carriers (including T-Mobile) will provide competition in almost all CMAs in the UScellular footprint.” The filing comes ahead of T-Mobile’s Capital Markets Day, scheduled for Wednesday.