Reply comments largely tracked initial comments on an FCC NPRM on proposed rules for making the emergency alert system and wireless emergency alerts more secure (see 2212270048). FCC commissioners approved an NPRM 4-0 in October (see 2210270058). Replies were due Monday in docket 15-94. “As demonstrated throughout the record, the Commission should not adopt the cybersecurity proposals in the NPRM,” said CTIA: Participating carriers “implement WEA-specific technical standards and have robust cyber risk management plans that cover WEA operations, making the proposed certification requirement unnecessary.” The Competitive Carriers Association agreed with CTIA that the record is clear. “Instead, the Commission should promote the success and security of the WEA program in other ways including through collaborative multistakeholder security improvement processes,” CCA said: “Imposition of onerous new regulatory burdens that make WEA less flexible, more difficult, and disproportionately more costly for smaller and regional carriers to administer may potentially undermine participation in the WEA program.” USTelecom also urged a light-handed approach by the FCC. “Rather than create a new regime, the Commission should find ways to achieve its goals within the context of a harmonized, whole-of-government approach, in coordination with the Department of Homeland Security Cybersecurity and Infrastructure Security Agency and other government partners, as well as industry,” USTelecom said. The group noted CISA is already looking at when incidents should have to be reported: “Additional requirements, at this time, before the dust has settled, risk further fragmenting reporting requirements across the federal government, frustrating the Commission’s interest in working with its federal partners.” Opposition wasn't unanimous. The FCC won’t impose a significant burden on providers by requiring annual security certifications, said the Center for Internet Security. “The required risk management plan consists of nothing more than implementing [security standards] in a timely manner as part of normal operations,” the center said: “There is essentially no cost associated with implementing these controls, and a requirement for annual self-certification to the FCC would likely involve at most an on-line submission or completion of a two-page template with check-off boxes.” Broadcasters and cable companies also raised concerns. “It is imperative … that any changes to the EAS rules are proportionate to the needs of the EAS ecosystem and consistent with evolutions in broadcast infrastructure,” said Gray Television: “Gray shares the concern of several commenters that many of the proposals in the NPRM are not justified and could prove counter-productive by imposing unnecessarily burdensome obligations on broadcasters. At the same time, Gray wholeheartedly endorses the proposal of the National Association of Broadcasters (NAB) to permit EAS Participants to virtualize certain elements of their EAS operations.” As comments show, “the Commission should take care when creating any new EAS monitoring or reporting requirements to ensure that the new rules are clearly necessary and that EAS Participants continue to have sufficient time to evaluate any potential issues regarding failure of, or unauthorized access to, their EAS system and facilities,” said Altice USA: “Any new rules also should allow the greatest possible flexibility in cybersecurity policies and practices so that Participants can tailor them to the unique needs of their networks.”

Communications attorneys and FCC staff emphasized thorough research and open communication with the FCC, speaking at an FCBA virtual event on The Nuts and Bolts of Telecom and Media Transactions Thursday. While working on transactions, attorneys must verify their clients' standing with the FCC and ownership of FCC licenses, said J.G. Harrington of Cooley. “Independent diligence is really essential,” he said. “People forget about [FCC] authorizations all the time.” Attorneys need to fully understand what their clients are buying or selling, said Elizabeth Park of Latham Watkins. Communicating with the FCC early about a proposed deal is the best way to avoid unexpected obstacles, attorneys said. “I highly encourage people to give us a call,” said Dennis Johnson of the Wireline Bureau. “It is much easier to talk through how to file something properly than to correct a misfiled application.” Ex parte rules won’t yet apply before a transaction is filed, so FCC staff and parties can talk more freely, said Jim Bird, who oversees transactions for the agency's Office of General Counsel. He said the FCC works closely with DOJ on transactions, sharing confidential information on major deals. “It has been a very fruitful cooperation,” Bird said.

Former President Donald Trump urged the federal government Wednesday to “enact aggressive new restrictions on Chinese ownership of any vital infrastructure” in the U.S., including telecom. “We should stop all future Chinese purchases in these essential industries, and we should begin the process of forcing the Chinese to sell any current holdings that put our national security at risk,” he said in a video release through his campaign for the 2024 Republican presidential nomination. “If we don't do this,” the U.S. “will be owned by China which would make them very happy. When I'm president, I will ensure that America's future remains firmly in American hands just as I did when I was president before. It'll happen again, and our country will be stronger than ever.” China “has been spending trillions of dollars to take over the crown jewels of the” U.S. economy, Trump said: “And they are doing that. China is buying up our technology.”

Expect 1,800 to 2,400 new low earth orbit satellites to come online this year, ABI Research predicted Wednesday. It said widespread satellite-to-handset adoption isn't imminent, though this year and next will have a role in priming consumer interest, and the economy will keep the smartphone market from bouncing back to its pre-COVID-19 pandemic level. ABI predicted outdoor use cases such as airfields and shipping ports will drive demand for private cellular networks, though indoor deployments will remain weaker. It said private 5G won't take off this year, as large-scale availability of Release 16-capable devices won't be available at scale until early 2024, and forecast that 4G LTE will remain the dominant cellular connectivity tech until at least 2027. This year should have widespread adoption of location-enriched mobility such as range optimization and intelligent speed assistance, ABI said. It said the industrial sector is well aware of cybersecurity threats, but cybersecurity spending will be moderate in the face of a moribund global economy. ABI said automated frequency control systems will allow lifting 6 GHz outdoor use limits starting this year, diminishing 5G's advantages over Wi-Fi in outdoor settings and giving Wi-Fi equipment vendors the confidence to incorporate standard power 6 GHz access points into their production road maps. But don't expect 6 GHz spectrum harmonization this year, it said.

Many questions remain on the FCC’s notice of inquiry on receiver standards (see 2208050044) and what will come next, experts said during an FCBA webinar Tuesday. Erin Boone, chief of staff to Commissioner Nathan Simington, who sought the NOI, said her boss believes the time has come for the FCC to do more. “Given the current controversies that we’ve seen recently with the C band, and with the Ligado matter, it’s pretty clear that spectrum, particularly valuable mid-band spectrum, is extremely encumbered and congested,” Boone said. “My boss thinks it’s crucial for policymakers to look for new solutions to the problem,” she said. Until now all efforts to manage interference in commercial spectrum have focused on regulation of transmitters “and through decisions to create large, and often wasteful guardbands … or just by adjudicating interference claims on a case-by-case basis through what has proven to be a rather clunky process said,” Boone said: “As a result, large amounts of valuable spectrum lie fallow, spectrum reallocations are unnecessarily contentious and spectrum users lack certainty for investment.” Looking at the issue is “trying to understand the problem,” Boone said. “What do we mean exactly when we’re talking about receiver performance characteristics, and sort of make this a little a more tangible … for lawyers like me that might not be as tech savvy,” she said. “The NOI is just one step in a many years-long marathon,” said Wilkinson Barker’s Kara Graves. The FCC received about 90 comments last summer, she said. Most commenters “generally agreed that receiver performance affects the spectrum environment, but they were divided on whether or not the FCC should actually take any of the actions that it has sort of outlined,” she said. “Many commenters, I think not surprisingly, did express particular views about specific services, so highlighting how well their service performs or how well the receivers in their service use case perform,” Graves said. Most agreed “the issue is complicated and that a one-size-fits-all solution may not be the most appropriate path forward,” she said.

The U.S. Court of Appeals for the D.C. Circuit unsealed and released its full December ruling upholding the FCC's revocation of China Telecom Americas’ domestic and international authorities (see 2111150025). The government supported unsealing the 24-page decision Thursday, but the provider opposed that (see 2301090051). “China Telecom argues that the Revocation Order is arbitrary, capricious, and unsupported by substantial evidence,” the unsealed opinion said: “It dismisses as speculative the Commission’s concern that China Telecom will be used as a vector of cyberwarfare against the United States and disputes the Commission’s conclusion that its conduct constituted breaches of the Letter of Assurances.” The court found “no merit in China Telecom’s claims.” The opinion, by Judge Harry Edwards, fully upheld the FCC (docket 21-5215). He was joined by Judges Karen Henderson and Greg Katsas. “The Commission’s determinations that China Telecom poses a national security risk and breached its Letter of Assurances are supported by reasoned decisionmaking and substantial evidence in the unclassified record,” the court said. “In addition, we hold that no statute, regulation, past practice, or constitutional provision required the Commission to afford China Telecom any additional procedures beyond the paper hearing it received.” The court said “contrary to China Telecom’s suggestion, the Commission need not wait for a risk to materialize before revoking a [Communications Act] section 214 authorization.” Nothing in the law, or regulation, required the FCC to do more than it did, the opinion said. “China Telecom insists that it is entitled to discovery, a live hearing before a neutral adjudicator, and an opportunity to demonstrate or achieve compliance,” Edwards wrote: “Given the record in this case, however, we hold that none of the additional procedures sought by China Telecom is required by statute, regulation, FCC practice, or the Constitution.” The FCC issued the first international authorization for the company to its parent China Telecommunications in 2001. “Since that time, the national security landscape has changed significantly, with the focus shifting from terrorism to Chinese cyber threats,” the court said. After a nearly yearlong process, the FCC voted 4-0 in October 2021 to revoke the company’s international authorizations (see 2110260060), which the company appealed to the D.C. court (see 2111150025).

Under the adopted FCC Space Bureau order (see 2301090062) released Monday, the bureau's purview would be "policy and licensing matters related to satellite communications and other in-space activities under the Commission’s jurisdiction." The Office of International Affairs would "handle issues involving foreign and international regulatory authorities as well as international telecommunications and submarine cable licensing," the order said. The FCC said the Space Bureau would be the contact point for coordination with other federal agencies on space policy and governance as well as backing OIA in international meetings involving space policy. Those organizational changes "will provide the FCC with the updated structure it needs to provide essential international leadership in the ever-evolving global telecommunications marketplace," it said. The International Bureau's Satellite Division will instead be three divisions within the Space Bureau: the Satellite Programs and Policy Division, the Satellite Licensing Division and the Earth Station Licensing Division, per the order. The FCC said the International Bureau's Global Strategy and Negotiation Division and the Telecommunications and Analysis Division will move to OIA. The order also makes some organizational changes to the agency's Consumer and Governmental Affairs Bureau and Office of Managing Director. The order also replaces the word "chairman" in agency rules to "chairperson." Asked about Space Bureau and OIA staffing issues, the FCC didn't comment Tuesday.

Federal Railroad Administration’s emergency notification system (ENS) is the key to getting information to the railroads in any emergency, FRA officials said Tuesday during a webinar by 911.gov. Blue ENS signs, with calling information and an 800-number to call, are located at every railway crossing in the U.S. with a unique number assigned to identify the crossing, explained Michail Grizkewitsch, FRA transportation specialist. “Everybody thinks they have to call 911,” Grizkewitsch said. “In reality, when we deal with railroads their dispatch centers can be 10 states away,” he said. CSX operates in 26 states, with a single dispatch center in Jacksonville, Florida, he noted. Grizkewitsch said when the ENS center is called, operators there can do everything necessary to stop trains from running to avoid an accident, stalled vehicle, or other emergency. ENS “is your quickest way to get to the railroad,” he said. FRA advises members of the public, in some cases, to call the ENS number before they dial 911, he said: “The reason being, calling this 1-800 number will get that train stopped in a matter of seconds. … It takes a mile or more to stop a train so our biggest and No. 1 priority is getting that train stopped.” Railroad emergencies are frequent, Grizkewitsch said. In the U.S., a vehicle is struck by a train every three hours and each year there are more than 3,000 railway crossing accidents and about 1,000 people attempt suicide by jumping in front of a train, he said.

Telecom and cable should "hold up reasonably well relative to other corporate sectors but it is still not completely insulated from an economic deceleration" and rising interest rates, S&P said Monday. It said wireless service revenue and subscriber growth will likely moderate in 2023. It said it had "a cautious outlook" for U.S. wireline operators, and issues including higher interest costs, elevated capital spending and supply chain constraints could mean higher debt, while capital market constraints could make it difficult to access funding for wireline. It said cable operators might need to cut back on shareholder returns.

President Joe Biden signed the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) into law, as expected (see 2212220075), the White House said Thursday. Congress passed both measures just before Christmas. S-1541 lead sponsor Sen. Tammy Duckworth, D-Ill., hailed signing of her bill, which requires the FCC to factor industrywide average costs for telephone and advanced communication services, along with safety and security costs, in new correctional facility rate-setting cycles (see 2203220077). It will “help families stay connected with their incarcerated family members, reduce recidivism rates and save taxpayers’ money,” she tweeted. NAB CEO Curtis LeGeyt praised Biden Friday for signing S-3405, which requires the FCC to open a window to allow low-power television stations to upgrade to better-protected Class A status (see 2206220070). It "will allow these local broadcasters to better serve their millions of viewers by hiring more journalists, investing in new equipment and transitioning to the ATSC 3.0 standard," LeGeyt said. S-3405 lead sponsors now-former Sen. Roy Blunt, R-Mo., and Sen. Ron Wyden, D-Ore., in December lauded passage of their measure.