The law is clear the FCC can't make changes in a proposal for further changes to wireless infrastructure rules for collocations in an NPRM approved 3-2 in June (see 2006090060), said local and state governments. Industry urged moving forward. Replies were posted Tuesday in docket 19-250 (see 2007230070). “The record does not support” this interpretation of Section 6409(a) of the 2012 Spectrum Act, said NATOA, the U.S. Conference of Mayors, National League of Cities, National Association of Counties and National Association of Towns and Townships. “Comments supportive of this proposal fail to address the clear statutory limitations,” they said: “The programmatic agreements on historic preservation and environmental review are not related to Section 6409(a), and the desire for ‘consistency’ between these agreements and the Section 6409(a) rules cannot override the statutory limits.” If the commission adopts the proposed compound expansion rule, “Western Communities Coalition favors measuring the existing site only from the original site boundaries,” the coalition said: “This approach would be more consistent with both the statute and existing regulations, while also avoid penalizing local governments that have previously approved site expansions in their discretion.” Industry called for action. “By classifying site expansions of up to 30 feet as non-substantial, the Commission will streamline upgrades to existing sites, and advance its longstanding policy to promote more intensive use of existing infrastructure, which can reduce the need for new construction,” CTIA said. “The Commission has ample authority to adopt these clarifications to its rules implementing Section 6409,” the Wireless Infrastructure Association said: “Doing so will promote collocations, provide greater clarity, reduce costs and timelines for deployments, and promote the usage of the equipment necessary for 5G deployments and public safety operations.”

The FCC released new versions of its speed test app Monday, with updates for iOS and Android. “Like its predecessor, the updated app allows users to test their cellular and Wi-Fi network performance for download and upload speed, latency, jitter, and packet loss,” the agency said.

Duke Energy is onboard with installing 5G cell nodes on utility poles, executives told staff for FCC Chairman Ajit Pai and Commissioner Brendan Carr. Duke built 380 sites “utilizing a variety of multi-purpose structures to support both lighting and small cell collocation,” the utility said, posted Friday in docket 17-84. So far this year, Duke has constructed 400 sites “notwithstanding the challenges presented by COVID-19” and “is on pace to more than double the number of sites constructed in 2019.”

AT&T and Verizon face a tough challenge from T-Mobile, New Street’s Jonathan Chaplin told investors: “We haven’t seen what they plan do with their newfound assets yet, but we will soon with the relaunch of T-Mobile’s brand and the arrival of the first 5G iPhone. I suspect they will make things uncomfortable.” Both can narrow T-Mobile’s advantage in spectrum through the C-band auction, he said. “They won’t be able to rein T-Mobile in entirely, the magenta cowboys will have at least a two-year head start, but the auction will determine whether it is two years, or forever.” T-Mobile CEO Mike Sievert said Monday the Sprint brand is no more: “Yesterday, we unified the T-Mobile and Sprint brands to operate under the T-Mobile flagship."

Comments are due Aug. 18, replies Aug. 28 on incumbent C-band satellite operators' choice of RSM as C-band relocation coordinator, said an FCC Wireless Bureau public notice Monday. It's seeking comment in docket 18-122 on whether RSM satisfies such criteria as ability to coordinate the band-clearing schedule and determining when necessary migration actions for earth stations. It said the same deadlines apply to the suitability of the relocation payment clearinghouse -- CohnReznick and subcontractors Squire Patton and Intellicom Technologies -- selected by the search committee.

Wi-Fi advocates offered a compromise on 5.9 GHz unlicensed, proposing a more-conservative out-of-band emissions limit at the edge. They suggest -9 dBm/MHz at the 5925 MHz band edge for indoor and outdoor unlicensed operations, with -7 dBm/MHz in the remainder. “This limit will advance the Commission’s goal of ‘optimiz[ing]' the use of spectrum resources in the 5.9 GHz band by enabling valuable additions and enhancements to the unlicensed ecosystem,’” said Broadcom, CableLabs, Facebook and NCTA in a filing posted Monday in docket 19-138. Automakers discussed the band with acting Chief Ronald Repasi and others from the Office of Engineering and Technology, urging protections for vehicle-to-everything technologies. Representatives of the Alliance for Automotive Innovation, Toyota, Honda, General Motors and Volkswagen were among those on the call.

Groups urged the FCC to reject requests for a waiver of the June 30 deadline to offer real-time text instead of traditional text technology filed by the Competitive Carriers Association, U.S. Cellular and East Kentucky Network (see 2007010045). Comments were due Friday in docket 16-145. Telecommunications for the Deaf and Hard of Hearing, National Association of the Deaf, Hearing Loss Association of America and others filed joint comments, posted Monday. “When the Commission issued the RTT Order in 2016, it may have anticipated some deviation from the estimated transition timeline, and we acknowledge that the COVID-19 pandemic has introduced additional complexity,” they said: “But the Commission did not condone, and should not now permit, a poorly executed transition that risks Americans losing access to 9-1-1 services for an indefinite period of time.” As carriers retire TTY “without RTT access to 9-1-1, people will die,” they said. The groups filed the only comment.

CTIA disagreed with Berkeley, California, on legal standards for deferring to an FCC statement of interest (SOI) and for preempting localities, in filings Thursday at U.S. District Court in San Francisco. Judge Edward Chen asked at oral argument last week for legal citations on those subjects in the case about a Berkeley RF disclosure law (see 2007240063). CTIA said (in Pacer) the court should apply Auer deference to the FCC statement “because it sets forth the agency’s interpretation of its own regulations” including the December 2019 RF safety order. Auer says that interpretation is controlling unless plainly erroneous or inconsistent with the rule. Berkeley said (in Pacer) the SOI “is owed no more than Skidmore deference” because the statement “does not interpret a regulation -- that is a substantive legislative rule, the most basic predicate of Auer deference.” To overcome courts’ presumption against preemption of local police powers, the court “must find that the Agency has acted with ‘clear and manifest purpose’ to preempt state and local law,” said Berkeley. CTIA argued for a less strict standard.

The FCC is acting in response to a GAO report on wireless emergency alerts and other alerting issues, Chairman Ajit Pai said in a letter to Senate Commerce Committee ranking member Maria Cantwell, D-Wash., posted Friday in docket 20-14. “I share GAO's view on the importance of gathering and assessing specific performance information about the effectiveness of these systems' enhanced capabilities -- many of which have only recently become available,” Pai said: “The Commission has a pending rulemaking proceeding that specifically seeks comment on whether the Commission should adopt performance metrics, such as benchmarks regarding the extent to which these alerts have been received.” The Public Safety Bureau had been working with local jurisdictions to do end-to-end WEA tests of geotargeting effectiveness, but that was suspended due to COVID-19, Pai said. Once the agency has a better understanding of system performance, it will be able to make “better-informed” decisions on improving it, future tests, and resolving the pending rulemaking on WEA performance metrics, Pai said.

Verizon launched new LTE Home Internet service in Savannah; Springfield, Missouri; and the Tri-Cities area of Tennessee, Virginia and Kentucky. It's adding the offering to customers “outside the Fios and 5G Home footprints, expanding home connectivity options to rural areas,” the carrier said Thursday: “They’ll get unlimited data, and experience download speeds of 25 Mbps with peak Internet speeds of 50 Mbps.”