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.”

Alaska’s GCI asked the FCC to adjust the Alaska Population-Distribution Model used in mobile drive tests to conform to a version proposed in 2020 by the Alaska Telecom Association (ATA). “Without this change, GCI will needlessly drive test unpopulated areas that were never intended to be included within the Alaska Plan, and its coverage area will appear to serve less population than it actually does, understating GCI’s achievements in fulfillment of its Alaska Plan commitments," said a filing posted Tuesday in docket 16-271: “GCI also requested that all values necessary to calculate a provider’s compliance with its Alaska Plan deployment obligations be released or provided to the carriers subject to the drive test requirements.” The GCI representatives spoke with staff from the Wireless Bureau and Office of Economics and Analytics. In a second filing in the docket, representatives of ATA, GCI and other Alaska wireless providers “reviewed the status of testing" the use of low earth orbit satellites for wireless backhaul. They told FCC staff the cost is “approximately 84% of the cost of current C-Band backhaul service.”

The FCC should “act swiftly to authorize 5G operations” in the 12 GHz band, RS Access representatives said in a call with an aide to FCC Chairwoman Jessica Rosenworcel. “The engineering record is now complete with respect to the feasibility of 5G-[non-geostationary orbit] coexistence, and the Commission has the opportunity for a win/win whereby the 12 GHz band is unlocked for massive 5G opportunities while allowing for NGSO co-existence,” said a filing posted Tuesday in docket 20-443.

GSMA and FC Barcelona signed an agreement Monday to collocate the Sports Tomorrow Congress at Mobile World Congress in Barcelona starting next year. “As data-powered, innovative sports technology continues to deliver insights with a profound impact on athletes’ performance and fan engagement, the relationship between sports and technology has expanded the sports industry market,” said a news release.

Qualcomm Technologies bought Cellwize, a Singapore-based mobile network automation and management company, with the goal of speeding 5G adoption, it said Monday. Transaction terms weren’t disclosed. Adding Cellwize’s radio access network software to the Qualcomm portfolio “will accelerate the development of the connected intelligent edge through the deployment of 5G private and public networks by reducing network deployment time and simplifying network management,” said Qualcomm.

Executives from Helium and cryptocurrency company Emrit predicted a bright future for decentralized wireless networks, during a webinar Monday. Helium’s centrally managed IoT network offers more than 800,000 IoT gateways in some 52,000 cities around the world. Speakers said PlanetWatch, Dimo and Pollen are offering similar networks. “It’s commercial hardware,” said Alvaro Gracia, partner, Helium Funds at Borderless Capital. “There’s no real estate costs because people are placing them on their premises,” he said: “The blockchain automation makes the whole backend model very efficient -- you don’t need accounting departments, you don’t need a lot of processes.” Helium and similar companies are addressing “a problem that the IoT industry has tried to solve for a very long time,” said Pradhyum Ramkumar, Emrit head-IoT and 5G. Sensor data usage on the Helium network is growing 70% every month, he said: “The proof is in the pudding.” People are "finally realizing that there is a great, very low cost [long range] network available,” he said. “Very little capital was deployed by Helium to do this” with the costs paid by hosts, who are reimbursed by users, he said. Helium “laid the groundwork,” being followed by competitors, said Ryan Derouin, Emrit head-commercial. One example of the kind of network being built is a local coffee shop using citizens broadband radio spectrum, he said. “People need data, they’re in there streaming data … and they need the access,” he said. “The coffee shops want to drive traffic.” Carriers “can’t put a tower every 50 feet” as the demand for data grows, he said.

Applications to bid in the 2.5 GHz auction by AT&T, Dish Network, T-Mobile and UScellular were deemed to be complete (see 2206090073).