The FCC granted 2,431additional priority access licenses in the citizens broadband radio service band, the first awarded since December. The grants follow adoption of “consent decrees and subsequent amendments made by the Applicants consistent with those consent decrees” addressing concerns raised by the commission (see 2207150034), said a Tuesday order by the Wireless Bureau. The licenses were awarded to Cable One, NorthWestern, SAL Spectrum, Shenandoah and UScellular.

Northstar Wireless and SNR Wireless, faced with a straightforward U.S. Court of Appeals for the D.C. Circuit decision, are trying to rewrite that decision and the underlying False Claims Act itself, Vermont National Telephone (VNT) said Friday in a response to the defendant-appellee designated entities' petition for rehearing or rehearing en banc (docket 21-7039). They're challenging a D.C. Circuit panel's decision to reverse a dismissal of fraud claims by VNT for the 2015 AWS-3 auction (see 2206160075). The D.C. Circuit and the False Claims Act are clear that an FCC licensing proceeding where it can't levy monetary penalties isn't an administrative civil money penalty proceeding, VNT said. If Congress wanted every administrative proceeding to implicate the government action bar, it would have said so, VNT said. Counsel for the appellee didn't comment Monday.

T-Mobile reached a settlement with plaintiffs Friday of a class-action lawsuit in the U.S. District Court for the Western District of Missouri, the carrier said in a filing at the SEC. The breach a year ago included information from about 7.8 million current T-Mobile postpaid customer accounts and the records of more than 40 million former or prospective customers, the carrier said then (see 2108180062). T-Mobile agreed to pay $350 million to pay claims “submitted by class members, the legal fees of plaintiffs’ counsel and the costs of administering the settlement” and $150 million “for data security and related technology in 2022 and 2023.”

New Street cut growth estimates for Verizon Monday, saying “guidance for medium-term growth of 3-4% looks increasingly out of reach” after last week’s Q2 report (see 2207220061). “Verizon is in a difficult position, in large part due to their past success,” wrote analyst Jonathan Chaplin: “Market share of close to 40% will be tough to defend in a market with four well-resourced competitors. The Company’s position is made more untenable by the fact that they are priced at a substantial premium and the network differentiation that justified that premium in the past is waning. Verizon’s pricing will be still more difficult to sustain if we enter recession.” Chaplin said Verizon invested in promotions during Q2, which failed to “stem the loss of subscribers”, then raised prices for some customers “which will only widen the gap in value with T-Mobile and Cable, the two most prominent challengers.”

The Global mobile Suppliers Association said 5G fixed wireless customer premises equipment shipments more than doubled to 3.6 million in 2021, a year-on-year increase of 162%, and are likely to double again this year. Most shipments (84%) in 2021 remained LTE-only, said vendors surveyed. Among the 5G shipments, 160,000 were millimeter-wave-based devices, “an increase from 130,000 from the previous year; however, 88% of respondents indicated that they have, or plan to introduce, 5G mmWave products in the next few years,” said a Monday release. “The majority of respondents are expecting no or minor component shortages in 2023, at the same time most are expecting inflationary pressures to remain.”

Spoke Safety sought a waiver Friday of the FCC’s 5.9 GHz rules for a cellular vehicle-to-everything safety device that can be installed on bikes, electric scooters, electric skateboards, motorcycles and similar light vehicles to “enable real time proximity or location-based alerts to help prevent collisions and other accidents.” The company said in docket 19-138 it can’t market or sell the device “absent a waiver that permits such deployment.”

Gogo Business Aviation petitioned the FCC for a proceeding to amend parts of its rules to enable more flexible air-to-ground operations in the 849-851 MHz and 894-896 MHz bands. In June, the Wireless Bureau approved a waiver of effective radiated power limits in the bands sought by Gogo (see 2206210068). The order directed the company to “submit a petition for rulemaking ‘seeking rule changes that would permit more flexible use of the band,’” said Gogo said in a petition posted Friday. “Consistent with the Waiver Order, the adoption of updated rules will similarly ensure that Gogo BA can continue to upgrade its technologies to meet the broadband needs of aircraft operating throughout the United States,” the provider said: “Thus, Gogo BA requests that the Commission begin a rulemaking proceeding to amend or remove sections 1.929(e)(2), 22.165(f), 22.313, 22.853, 22.859, 22.861, 22.863, and 22.867 of the Commission’s rules and any other necessary Part 22 rule changes.” APCO sought reconsideration of the waiver order Friday. “Gogo’s proposal for modified operations can adversely affect incumbent public safety licensees,” the group warned: “Gogo should be required to take all steps to ensure that it does not add to the effects of ghost interference or an increased noise floor, as it becomes increasingly difficult for public safety licensees (and Enforcement Bureau personnel, as the case may be) to identify interfering sources.” APCO said it has been working with FCC staff, but all its concerns haven’t been addressed so it submitted the petition for reconsideration.

Representatives of Encinca Communications spoke with staff for all four FCC commissioners on “the compelling case for updating Part 101 rules to harmonize with Part 15 rules in the 6 GHz band.” The FCC’s 2020 6 GHz order “encouraged the formation of an industry-led multi-stakeholder group (MSG) to address the technical and operational issues associated with the automated frequency coordination system,” said a filing posted Friday in docket 18-295. MSG members have “essentially run into a brick wall” and failed to reach industry consensus, Encinca said: “The practical reality of this result means that, more than two years after the adoption of the [6 GHz order], over 290 million consumers are still being denied the features and benefits of the outdoor use of the 6 GHz band -- Wi-Fi 6E based equipment for mobile fixed wireless access use.”

CableLabs, NCTA and member companies spoke with FCC Office of Engineering and Technology staff about the 6 GHz band, urging the FCC to address a remand from U.S. Court of Appeals for the D.C. Circuit and make changes proposed in a 2020 Further NPRM. There have been reports OET started to draft an order further liberalizing rules for the massive Wi-Fi band (see 2207060036). Advocates presented a new report by CableLabs, “Enhanced 6 GHz Simulations Supporting the FCC’s Proposed Increase in LPI Power,” which they said “reflects updates to its probabilistic analysis of coexistence among 6 GHz LPI [low-power indoor] unlicensed services and Fixed Service (FS) users.” They urged action. “By adopting the 6 GHz FNPRM proposal to allow higher LPI power levels, the Commission can quickly deliver expanded benefits to consumers,” said a filing posted Thursday in docket 18-295: “Many 6 GHz LPI devices that currently are being deployed are tunable up to those higher power levels, and more than 338 million Wi-Fi 6E devices will enter the market this year.” Comcast, Cox Enterprises, Charter Communications and Midcontinent Communications were among the companies represented on the call.

Fixed-wireless provider Starry became the latest company to join the 5G for 12 GHz Coalition, the coalition said Wednesday. “Spectrum is an important and finite natural resource, and we believe the Commission should always be proactive in its efforts to open bands for new services,” said Starry CEO Chet Kanojia: “Opening up this band for two-way terrestrial service can foster technological innovations, enhance competition and lead to more affordable consumer access to connectivity.” The coalition said it now has 37 members. Advocates hope the FCC will soon complete an analysis on interference in the band and propose revised rules (see 2207130031).