The FCC Public Safety Bureau refused to give Miami-Dade County, Florida, more time to complete the 800 MHz rebanding of its public safety radios. The county asked the FCC to the extend the June 26, 2008, deadline to return equipment to Sprint and remove pre-banding channels from about half its 15,000 subscriber units, the bureau said. The retuning there has been otherwise complete since 2014, the bureau said. Sprint “speculates” Miami-Dade wants an extension because it doesn’t want to compensate the carrier for the value of 1,799 radios the company paid Harris to provide to the county, the bureau said. “According to Sprint, Miami-Dade neglected to return the surplus radios to Harris on schedule, and Harris consequently declined to accept the radios for return or to refund their cost to Sprint.” The bureau said in docket 02-55 it need not address such claims. “Miami-Dade has fallen short of justifying its waiver request as required,” the bureau ruled. “It has neither exhibited the diligence that the Commission requires before a waiver request can be granted nor justified the extent of the delay it requests.” The order requires "Miami-Dade and Sprint to fulfil all of their remaining rebanding obligations" within 90 days. The county didn't comment.

Chattanooga uses the 4.9 GHz band for point-to-point microwave connectivity for a regional public safety communications system, it told the FCC. Comments are due Friday on a Further NPRM on the public safety band, approved by commissioners in March (see 1803220037). Chattanooga said in docket 07-100 it relies on what the FCC says is an underutilized band. “The loss of this band in our operations would present a financial hardship to us and the other counties that currently use the band,” the Tennessee city said. “This band has been instrumental in allowing us to provide connectivity to public safety answering point and RF sites.” In comments last week, the Public Safety Communications Council said the FCC should preserve use of the band for public safety agencies. “Major population centers including New York, Boston, Chicago, Seattle, and other cities are making extensive use of the 4.9 GHz band,” the council said. “Oregon has developed a statewide system of traffic control using 4.9 GHz as the backbone of the system. California uses 4.9 GHz statewide for support of the Intelligent Transportation System to monitor and control traffic flow.”

Commissioners dismissed a petition for reconsideration by the Competitive Carriers Association and upheld a Wireless Bureau decision approving transfer of 514 39 GHz licenses from a subsidiary of FiberTower to AT&T. The commission said CCA didn’t have standing to make the challenge. “CCA has not made any allegations of specific competitive harm that was the direct result of the Commission’s consent to the subject Transaction and has not established that it is aggrieved or injured by the Consent Order,” the FCC said. “It makes generalized statements about ‘expense to taxpayers, consumers and 5G competition’ and ‘unjust enrichment’ to FiberTower, neither of which demonstrates how it, or its members, are aggrieved or injured by the consent to the Transaction.” The bureau authorized AT&T to take control of high-band licenses as part of its buy of FiberTower in February (see 1802080055). In April, CCA asked the FCC to overturn the decision (see 1804030032). “Today’s decision is disappointing, and makes it even more important that the FCC continues work to make millimeter wave spectrum available to all carriers at auction as soon as possible,” CCA President Steve Berry told us. “High-frequency millimeter-wave spectrum provides a real opportunity for competitive carriers to utilize valuable, limited spectrum to deploy the advanced telecommunications services that consumers want and demand, especially those living in rural and remote areas.”

Ebsco Sign Group agreed to pay a $55,000 penalty and Cirrus Systems $21,000 to end investigations of RF violations, the FCC Enforcement Bureau said. Both agreed to put in place compliance plans. The bureau has pursued fines against several other billboard companies alleging similar violations (see 1805180068). “Cirrus admits that it marketed LED signs without the required equipment authorization, labeling, and user manual disclosures,” the bureau said. The EBSCO order contained similar language. The companies didn’t comment.

A near-field charging transmitter based on Energous' WattUp RF power-at-a-distance wireless charging technology is available through IDT International, said Energous, which has been getting FCC OK for such products (see 1804110034). It's designed to charge low-power devices including fitness trackers, smartwatches and wireless earbuds.

FCC Chairman Ajit Pai is “pleased to hear” Samsung “stepped up to unlock” FM chips in its Galaxy S9 smartphones, he tweeted Friday, citing an AndroidCommunity.com report. “When disaster strikes, FM-enabled handsets can help save lives,” said Pai. “Hope others take notice and follow Samsung’s lead.” Samsung didn’t comment, nor did representatives of NextRadio, the Emmis Communications FM-reception smartphone app.

The Dynamic Spectrum Alliance wants the FCC to thoroughly investigate satellite use of the C-band, President Kalpak Gude told aides to Chairman Ajit Pa. “For a more complete record of actual utilization of the band, it would be valuable to ask for additional information to what is currently included in the draft data request,” DSA said Friday in docket 12-354. “The draft asks for earth station licensees to provide the transponders that their earth stations are receiving. DSA suggests that given that many earth stations may be receiving signals for less than the full transponder, understanding the actual utilization is useful and without significant additional burden to the earth station operator.” Commissioners are expected to vote on a C-band item July 12, including a draft order that would collect data on earth stations and space stations operating there (see 1806260027).

AT&T questioned Commissioner Jessica Rosenworcel’s arguments that the FCC should share San Jose's 5G agreements with industry as a model code (see 1806280007) while the agency considers rules to lower what industry says are installation barriers from local governments. “The final agreements, which are not yet complete, are intricate, interdependent of each other, and unique to San Jose’s circumstances. They also demonstrate why Commission action is needed to prevent exorbitant fees and delays from impeding small cell deployment,” AT&T said in docket 17-79. AT&T reached agreement with the city that would let it deploy some 2,000 small cells “at rates and on timelines substantially better than previous city requirements, but still at rates and on terms that cannot be economically exported,” it said. The company wants recurring fees to place small cells on city structures to be less than $50: “The rate structure in the San Jose agreement runs up to $2,500 per site.” Rosenworcel didn't comment.

AT&T/Time Warner approval “bodes well” for T-Mobile/Sprint, though “probability and timing are still unpredictable,” Macquarie Research’s Amy Yong said after a Senate hearing on the wireless deal (see 1806270068). “There hasn’t been any indication from the DoJ/FCC to give us confidence on the deal,” she wrote investors. “T-Mobile filed its Public Interest Statement last week highlighting the benefits of a combo including: increased competition, rural broadband access and affordable 5G.” In the interim, “it’s business as usual for Sprint” with both average revenue per user and churn improving, Yong said. Wells Fargo’s Jennifer Fritzsche upgraded T-Mobile from market perform to outperform, noting its stock is down 8 percent since April 30. “While we still believe this deal will by no means be a layup, recent conversations with some of our D.C. contacts have made us more optimistic,” she said, “estimating a deal approval probability of 60 percent.”

The Supreme Court sent CTIA's complaint against a California city back to the 9th U.S. Circuit Court of Appeals to reflect on the high court’s Tuesday decision about crisis pregnancy centers. The high court vacated and remanded the appeals court’s decision upholding an RF disclosure ordinance in Berkeley, California, “for further consideration in light of National Institute of Family and Life Advocates v. Becerra,” said a Thursday notice in case 17-976. In that decision, the Supreme Court ruled that a 2015 California state law requiring crisis pregnancy centers to disclose all available medical options to pregnant women violated free speech claims. In the RF disclosure case, Berkeley argued it may compel truthful disclosure in commercial speech because it’s reasonably related to the FCC’s interest, while CTIA said the First Amendment precludes state and local governments from forcing retailers to convey a government message (see 1804180014). Remand to the 9th Circuit pleased CTIA, a spokesperson said. "We will continue to assert our position that the First Amendment prohibits state and local governments from forcing retailers to convey the government’s message, particularly where that message is misleading, contrary to science, and contrary to the retailers’ own views." Berkeley didn’t comment.