The FCC Wireless Bureau sought comment aimed at gaining a better understanding of “the reliability of the delivery of safety-related information carried on the two shared, narrowband maritime Automatic Identification System (AIS) frequencies,” channels AIS 1 and AIS 2. Comments are due July 18, replies Aug. 2, in docket 22-232, said a notice in Friday’s Daily Digest. AIS “uses shared channels to exchange navigation safety-related information to properly-equipped vessels and shore stations, including vessel identification, position, navigation status (to reduce the risk of collisions), and Application-Specific Messages (ASMs), which convey weather and other maritime safety announcements,” the notice said: “Concerns have been raised that AIS may experience reduced reliability in areas with high vessel traffic, as more vessels become equipped with authorized AIS equipment and as usage of ASMs and other AIS applications and services increase.”

The Wireless ISP Association is encouraging members to write to governors and members of Congress objecting to NTIA’s definition of reliable broadband service unveiled last month for its broadband, equity, access and deployment program (see 2205130054), a spokesperson said Friday. “Many small ISPs like mine have for decades provided reliable, predictable and evolutionary broadband service to hard-to-reach communities,” says a prototype letter from the group: “Our customers were left behind by larger companies who long ago abandoned efforts to serve rural and disadvantaged communities because the economics just did not make sense for them. … Simply put, we have always used the right tool for the job to connect our neighbors who previously had no other options.”

The FCC appointed Donald Stern of Affiliated Monitors as the independent compliance officer overseeing Verizon’s buy of Tracfone “to address the potential harms posed and to confirm certain benefits offered.” The FCC’s order (see 2111230038) required the appointment of the officer “who will have the power and authority to review and evaluate Verizon’s compliance with the Order,” said a Friday order from the Wireless Bureau.

The Wireless Infrastructure Association tapped Patrick Halley, USTelecom general counsel, as its new president and CEO, replacing Jonathan Adelstein. Halley takes over Aug. 1. He's a veteran of the National Emergency Number Association, the FCC and Wilkinson Barker and is the former executive director of the Next Generation 911 Institute. “Patrick’s broad regulatory, legal and trade association experience in telecommunications makes him the ideal person to lead WIA into the future,” said WIA Chairman Jeffrey Stoops, CEO of SBA Communications, Thursday: “He has deep knowledge of, and experience in, advocacy, which is the primary mission of WIA, and is a proven manager and motivator of his team members.” WIA said Halley was picked following a national search by search firm Odgers Berndtson. Adelstein, a former FCC commissioner, left WIA in June after 10 years at the helm.

Gogo Business Aviation told the FCC that representatives of the company met to discuss APCO's concerns on Gogo’s requested waiver of effective radiated power limits for air-to-ground operations in the 849-851 MHz and 894-896 MHz bands (see 2206070067). “The APCO Letter suggested that Gogo BA’s proposed waiver conditions did not align with ‘the requirements for interference notification and remediation in the Commission’s rules,’” said a filing posted Thursday in docket 21-282: Gogo “has and would continue to abide by those rules (including on-site visits to complete timely interference analysis), even after Commission grant of the instant waiver request.”

SNR Wireless and Northstar Wireless asked the U.S. Court of Appeals for the D.C. Circuit for a rehearing or rehearing en banc of a panel's decision last month to reverse a dismissal of fraud claims by Vermont National Telephone in the 2015 AWS-3 auction (see 2205170026). The appellate court's reversal of a lower court's dismissal of VTEL's suit goes against Supreme Court precedent, they said Thursday in a docket 21-7039 rehearing petition. They said it also could "undermine critical limitations" Congress set for qui tam litigation, when a private party brings action on the government's behalf. Dish Network designated entities SNR and Northstar separately challenged the FCC's 2020 rejection of the AWS-3 bidding credits -- the second time the agency did so (see 2011230062).

The FCC got a mixed response to a Competitive Carriers Association petition seeking FCC clarification that broadband data collection (BDC) filings can be certified by a qualified engineer who isn't a licensed professional engineer (PE) accredited by a state licensure board (see 2205170073). Replies were posted Thursday in docket 19-195. Many commenters support CCA but “they fail to show that a declaratory ruling is warranted or provide support for the argument that the public interest is served by relaxing the certification requirement,” the Rural Wireless Association said. CCA asked the FCC “to adopt a brand new definition” and “such a request must be made via a petition for rulemaking, which is subject to its own requirements and governed by the Administrative Procedure Act,” RWA said. Leave the requirement in place, said the Nebraska National Society of Professional Engineers. Similar government programs have similar requirements, the group said: “This is done to ensure that … projects are constructed in a manner that meets all local, state, federal and in some cases international, regulations and requirements. It also ensures that the networks are designed in such a way as to meet the speed and data rate performance requirements that the service provide[r]s are advertising.” NCTA supported CCA. NCTA said it “appreciates the need to ensure the accuracy of the mapping data submitted to the Commission [but] the individual most familiar with the preparation and development of that data and thus in the best position to certify to its accuracy may not have the requisite professional designation.” Most groups representing providers support CCA, the Wireless ISP Association said. Opponents “ignore the realities of the marketplace and conflate the requirements of building infrastructure with the more routine task of certifying network coverage based on parameters established by the Commission,” WISPA said. The current PE shortage “will result in many providers being unable to get the required engineering certification, and, consequently, being unable to make their BDC filings timely, if at all; or, incurring unduly burdensome costs to enlist a PE,” ACA Connects said. “The response to CCA’s petition by trade associations, broadband service providers, and individual commenters reflects widespread support for the Commission’s policy objectives, and a shared commitment to accurate and granular data collection as a crucial component of broadband deployment,” CCA said.

Dish Network said Wednesday it’s now offering 5G broadband service to more than 20% of U.S. POPs. Dish faced a Tuesday deadline to satisfy an FCC requirement tied to the company’s AWS-4, PCS H-block and 700 MHz-E block licenses. Chairman Charlie Ergen said last month Dish would hit the target and wouldn’t need an extension from the FCC (see 2205060036). “This marks a major milestone in building the world's most advanced cloud-native 5G Open [radio access] network,” said a news release. Dish said the Samsung Galaxy S22 and NetGear 5G hot spots are being offered to early subscribers. The network launched in Las Vegas in May (see 2205040057). “DISH already offers the Motorola Edge+ for purchase in Las Vegas and will expand the sale of this device to more markets in the coming months,” the company said. “Additional compatible devices will become available throughout the year." New Street’s Jonathan Chaplin told investors Tuesday the only market where Dish has formally launched is Las Vegas. “They announced 26 other major metro markets and another 110 smaller cities and towns that they would cover ahead of the 20% deadline,” he said: “Assuming they cover the urban and suburban region of each [partial economic area], the 27 metro markets capture about 17% of national POPs and the remaining 110 markets should easily cover the 3% required to get to the 20% target.”

The 3rd U.S. Circuit Court of Appeals weighed in on the use of automatic telephone dialing systems (ATDS), upholding the dismissal of a Telephone Consumer Protection Act lawsuit against debt collector Navient, though on different grounds than those cited by a lower court in the Eastern District of Pennsylvania. Elizabeth and Joshua Panzarella sued Navient, claiming the company called their cellphones without prior express consent using an ATDS, in an attempt to collect a student loan held by a family member. The district court granted summary judgment for Navient, concluding “Navient’s dialing technology did not qualify as an ATDS under section 227(a)(1) of the TCPA because it viewed a particular component of Navient’s dialing technology as separate from its dialing system,” said the Tuesday decision by Judge Marjorie Rendell. The lower court “erred by failing to consider whether Navient’s dialing ‘equipment’ as a whole qualified as an ATDS,” she wrote: “Even though we do not decide whether Navient’s dialing equipment qualified as an ATDS, we find that Navient did not use an ATDS in violation of the TCPA when it called the Panzarellas. Thus, we will affirm the District Court’s order on this alternative ground.” In Facebook v. Duguid decided last year the Supreme Court sided with Facebook (see 2104010063), favoring a narrow definition of what constitutes an ATDS.

FCC Chairwoman Jessica Rosenworcel circulated a draft order Wednesday designed to make wireless networks more resilient during disasters. Last month, FCC Commissioner Brendan Carr proposed that wireless providers be required to participate in the previously voluntary wireless network resiliency cooperative framework, and that roaming arrangements be required before disasters. The order would adopt those changes, said a news release. "While wireless providers have worked hard to prevent outages and restore service during recent disasters, there were times when communications fell short and recovery took too long -- which put lives at risk,” Rosenworcel said. “Last fall, after Hurricane Ida wreaked its devastation, Commissioner Carr and I travelled to Louisiana and heard firsthand where communications resiliency needs improvement. The Commission then sought comment on proposals to strengthen communications. Now it’s time to act on what we’ve learned.” Rosenworcel thanked Carr for his work on the issue. “The rules would codify the Framework and expand its applicability to all facilities-based wireless providers,” the release said: “Among other changes, the rules would require facilities-based wireless providers to enter into mutual aid arrangements that enable them to request, or receive a request, for assistance during emergencies. The rules would also require that facilities-based wireless providers enter into bilateral roaming agreements in advance of disasters to help the public communicate.” The FCC would also “expand the triggers for activation of these provisions, and provide for critical testing and reporting on wireless roaming implementation during disasters.” Carr listed the groups that already support the proposal. “If adopted by the full Commission, this approach would build on the successful actions that America’s wireless providers have been taking to improve network resiliency,” he said: “I have been very pleased to see the broad support that this approach has been receiving from public safety and first responder groups.”