New America’s Open Technology Institute and Common Cause told aides to acting FCC Chairwoman Jessica Rosenworcel conditions proposed on Verizon’s planned buy of Tracfone are helpful (see 2108120029), but enforcement remains a concern. “Any conditions must be strictly enforced,” said a filing posted Tuesday in docket 21-112: “Behavioral conditions are notoriously difficult to monitor, and the antitrust community has increasingly looked skeptically upon such remedies.” Verizon’s commitment to offer Lifeline for three years isn’t long enough, they said. “Violations can take years to detect, investigate, and litigate, and Verizon would have a strong incentive to drag out procedural timelines if the enforcement window is three years or less.” The groups also cited concerns about potential loopholes in the conditions and increasing wireless consolidation.

The FCC defended revised rules for over-the-air reception devices, approved by commissioners in January (see 2101070068), against a petition by Children’s Health Defense and four individuals asking the U.S. Court of Appeals for the D.C. Circuit to overturn the rules. The order provides protections already afforded to OTARD devices to “hub and relay” antennas used for the distribution of broadband-only service to multiple customer locations. “The FCC explained” in the order “that the multi-purpose nature of modern antennas makes the exclusion obsolete and that its repeal will encourage the deployment of fixed wireless networks that provide high-speed Internet access and other services to consumers,” the agency said in a Tuesday brief in docket 21-1075 (in Pacer): Plaintiffs “see this modest update as a sea change.” Petitioners lack standing to bring the case, the FCC said. They “do not show that the FCC’s modest amendment substantially increases the risk of alleged harm from exposure to radiofrequency emissions when compared to the preexisting rule, or that the injuries to Children’s Health’s organizational interests can be attributed to the rule change,” the FCC said. The change “falls easily within the FCC’s broad authority to regulate radio communications,” the brief said. Oral argument hasn’t been scheduled. The court earlier declined to stay the order (see 2104010064).

The FCC Wireless Bureau granted six licenses to tribes in Alaska to use the 2.5 GHz band for broadband. That brings to 270 the number of licenses granted to tribal entities, the FCC said Monday.

Customers on select Sprint and T-Mobile wireless plans are eligible for a free year of Apple TV+, said the carrier Monday. Beginning Wednesday, new and existing customers on Magenta or Magenta Max, Magenta 55+, Magenta Military, Magenta First Responders, Sprint Unlimited Plus, Sprint Premium and small T-Mobile for Business can redeem the 12-month free Apple TV+ offer, it said.

Revised rules for the $1.9 billion program for removing Huawei and ZTE equipment from carrier networks, approved 4-0 in July (see 2107130058), take effect Oct. 22, said a Monday Federal Register notice. The FCC has an Oct. 29 target date for opening the reimbursement application window.

The FCC Public Safety Bureau OK’d a waiver Monday for the Minnesota Department of Public Safety to do a wireless emergency alert test in Ranier, Minnesota, 10-11 p.m. CDT Thursday. The department “seeks to simulate a day-long hazardous material incident … during which U.S. federal, state, and county personnel, plus some Canadian representatives, will practice assessing and remediating a simulated incident of a derailed train carrying hazardous materials” on the Canadian border, the bureau said Monday: “Ranier wireless subscribers may be on a Canadian wireless network in one location and a United States network in another location across the street in close proximity. … This alerting exercise would help emergency personnel collect data and determine the extent to which a WEA issued on the U.S. networks only would reach those in the Ranier area or would reach only some residents sporadically depending on their location.”

The FCC Office of Economics and Analytics and Wireless Bureau released a protective order providing industry access to controlled unclassified information on DOD systems and operations in the 3.45-3.55 GHz band, before an October auction. DOD is working with the Department of Homeland Security’s National Coordinating Center for Communications to “share sensitive information regarding DoD’s incumbent operations, and NCC distributed this information to its industry members,” said a notice in Monday’s Daily Digest, in docket 21-62. The protective order “will allow appropriate representatives of auction applicants to view this sensitive information subject to certain safeguards even if the auction applicant is not an NCC member,” the notice said.

The FCC Wireless Bureau is seeking to refresh the record on use of the 5030-5091 MHz band by drones, after taking comment in 2019 (see 1912270039). Last month, Commissioner Geoffrey Starks urged the FCC to focus on the band (see 2108050056). The Aerospace Industries Association (AIA) asked the FCC to develop rules for using the spectrum for unmanned aircraft system controls (see 1909120073). The bureau seeks to “update the record to reflect operational, technical, and regulatory developments that have occurred over the last three years in the rapidly growing and evolving area of UAS operations and that are relevant to this proceeding,” said a notice in Monday’s Daily Digest: “We also seek to explore certain aspects of the AIA proposal in greater detail than is reflected in the current record.” The focus has been on direct radio-line-of-sight communications between controller and drones, but “we seek comment on whether the Commission should consider licensing alternatives in this band to support the growing interest in beyond radio-line-of-sight … operations,” the bureau said. Comment deadlines are to come in a Federal Register notice. “While the issues are complex and will require careful work with our federal partners at the FAA and NTIA, I’m hopeful that the new round of comments will allow the Commission to address the full spectrum needs of UAS and enable this important industry to fulfill its full potential,” Starks said.

The National Safety Council, the Institute of Transportation Engineers and Mothers Against Drunk Driving told the U.S. Court of Appeals for the D.C. Circuit they plan to file briefs in support of ITS America and the American Association of State Highway and Transportation Officials in their challenge of the FCC’s reallocation of the 5.9 GHz band (see 2106020076), in a notice posted Friday, (see here, here and here, in case 21-1130 in Pacer). The FCC moved away from dedicated short-range communications, the former allocation for the entire 75 MHz, dividing the band with 45 MHz for Wi-Fi and 30 MHz for cellular vehicle-to-everything technology.

Shure fired back at Microsoft for urging the FCC to reject Shure's petition for reconsideration of amended white spaces rules (see 2108100054). Shure sought recon of the 16-watt effective isotropic radiated power level for mobile white spaces devices and the nationwide scope of the authorization for narrowband devices. “Microsoft opposes Shure’s request on procedural and substantive grounds but fails to present sufficient reasons for the Commission to disregard Shure’s reasonable request for reconsideration,” said a filing posted Friday in docket 20-36. “Shure is concerned that the mitigation and protective measures chosen by the Commission are inappropriate for mobile services because they are designed to address interference from fixed-devices -- a fact that is not in dispute,” Shure said: “The portable and dynamic nature of mobile [white space devices] makes them vastly more difficult to anticipate and plan for compared to fixed devices.”