Comments are due Oct. 17, replies Nov. 1, on whether to require a winning bidder in the 5G Fund Phase I auction to show during the long-form application process that it has obtained the consent of the relevant tribal government for any necessary access to deploy network facilities using funds from the program, said a notice for Tuesday’s Federal Register. FCC commissioners approved 4-1 a Further NPRM on tribal issues along with an order on the fund in August (see 2408290041). Commissioner Brendan Carr dissented. “In seeking comment on this issue, the Commission asks commenters to provide input on how it can best assess an applicant’s eligibility to be authorized to receive 5G Fund support for the purpose of deploying network facilities that would enable 5G mobile broadband service located on Tribal lands, while incorporating Tribal government consent into the Commission’s approval process,” the notice says.

The FCC Wireless Bureau on Monday rejected a Competitive Carriers Association’s request for a 15-day delay in the deadline for filing reply comments on proposed handset unlocking rules. Replies remain due Sept. 23 in docket 24-186. T-Mobile, CCA’s largest member, supported the extension, but Incompas, Consumer Reports and Public Knowledge opposed it (see 2409130017). “We do not find persuasive," the bureau said, "CCA’s argument that an extension of time to file reply comments is necessary to ensure the record is ‘complete and robust.’” The bureau noted the NPRM was released July 19 and “all interested parties had adequate notice that reply comments would be due 15 days after the comment deadline.” Initial comments were filed last week (see 2409100048).

Various consumer groups filed Monday in support of the FCC’s proposed handset unlocking mandate (see [Ref:2407180037). “A uniform approach applied across the industry will address this inconsistency, enhance competition, and create regulatory parity,” said a letter in docket 24-186: “A standard should be set after a close review of the record in this matter and with careful consideration of the impact of any obligations adopted by the Commission on various wireless industry segments.” Among the groups endorsing the filing were the 60 Plus Association, the American Consumer Institute, the Institute for Policy Innovation and the Institute for Technology and Network Economics. They called for a “common-sense” approach.

The FCC's out-of-band emissions (OOBE) limits in the PCS G Block will particularly hurt direct-to-device (D2D) real-time communications, making them unreliable in emergency situations, SpaceX said in a docket 23-135 filing posted Monday. The filing was a response to numerous questions the agency asked SpaceX about its proposed supplemental coverage from space service (see 2409100042). It said its design and operational strategies for orbital debris haven't changed since its previously submitted orbital debris mitigation plan. Moreover, SpaceX said it will ensure its operations won't hurt those of crewed space stations because it will avoid ongoing, nominal operations between altitudes of 385 km and 430 km. SpaceX said it can comply with the agency's OOBE limits only by suppressing its satellites' in-band transit power "and by extension the coverage, throughput, and reliability of supplemental coverage for American people." It said the limits "'will also needlessly delay deployment of realtime emergency communications -- including 911 calling" and necessitate deployment of more capacity to make up for the throughput and coverage limits. The OOBE limits are "nearly ten times more restrictive than necessary for operations in the PCS G Block," SpaceX said, noting it has deployed more than 190 D2D satellites.

T-Mobile and UScellular made the case why T-Mobile’s proposed buy of “substantially all” of the smaller carrier’s wireless operations, including some of its spectrum (see 2405280047), makes sense for customers. In a public interest statement on the proposed transaction, they wrote, “The Transaction will increase competition across the UScellular footprint and not result in any competitive harm.” T-Mobile has “a well-established track record of using improvements in network performance and increased capacity to deliver greater value to consumers and enhance competition." The statement was posted Monday in docket 24-286, which the FCC created last week (see 2409110059). “Customers of both companies will experience significant benefits from increased network capacity, higher speeds, and reduced congestion within the UScellular footprint,” the companies said: “UScellular customers will have the choice to switch to a lower-cost T-Mobile plan or remain on their current UScellular rate plan, all while enjoying a world-class 5G network.” The filing said the deal won’t affect T-Mobile pricing, “which is generally lower than prices for comparable UScellular plans.” It emphasizes that about 40% of UScellular subscribers live in rural markets and the buy “will result in an enhanced user experience and faster and better 5G service for the rural customers of both companies.” Nearly all of UScellular’s customer devices are compatible with T-Mobile’s network and “migration of the vast majority of UScellular customers can be accomplished almost immediately after closing via an over-the-air software update,” the filing said. Much of the data was redacted from the public filing, including estimated monthly savings for UScellular customers, the combined capacity of the network that will be available to those subscribers and the number of households expected to gain access to T-Mobile’s Home Internet service. The companies told the FCC they don’t “have an overlapping competitive presence” in 74 of the cellular market areas (CMAs) affected, which is 37% of the markets involved in the transaction. “Both before and after the Transaction, at least three nationwide facilities-based carriers (including T-Mobile) will provide competition in almost all CMAs in the UScellular footprint.” The filing comes ahead of T-Mobile’s Capital Markets Day, scheduled for Wednesday.

In the wake of Hurricane Francine, the FCC Wireless Bureau on Friday approved Google's request for a waiver of rules that require environmental sensing capability systems to protect federal incumbents in the citizens broadband radio service band from harmful interference. Francine has weakened to a tropical depression, according to NOAA. However, “the risk of heavy rainfall and flooding will continue across large portions of the Southeast through Saturday,” the bureau said. Google’s request for a waiver was also posted Friday.

The FCC on Friday asked the 5th U.S. Circuit Court of Appeals to dismiss on procedural grounds Maurine and Matthew Molak's petition seeking review of a commission order from July that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). Lawyers defending the order had predicted the FCC would take that step because the agency hasn’t yet addressed a petition by the Molaks seeking reconsideration of the order (see 2408300027). “This Court’s jurisdiction to review FCC orders under the Hobbs Act is limited to specified ‘final orders’” of the FCC, the commission said in docket 24-604460. “For purposes of Hobbs Act review, it is well settled that ‘a motion to reconsider renders the underlying order nonfinal’ as to the party that sought reconsideration,” the agency said: That rule “avoids ‘wasting judicial resources’ … without compromising petitioners’ ability to seek judicial review of a subsequent final order.” The Molaks' son died by suicide aged 16 after he was cyberbullied. The couple previously challenged the FCC’s Oct. 25 declaratory ruling that authorizes school bus Wi-Fi, also in the 5th Circuit, widely viewed as the most conservative of the federal circuits (see 2312200051). It's expected that judges will hear the case in November.

NextNav received support from the California Fire Chiefs Association for its controversial proposal that would reconfigure the 902-928 MHz band, enabling a terrestrial “complement” to GPS for positioning, navigation and timing (PNT) services (see 2409060046). “We have firsthand experience with degradation of GPS due to the ‘urban canyons’ and dense environment we cover, a problem that is ideally resolved by a terrestrial PNT service of this type proposed,” the group said in a filing posted Friday in docket 24-240. Reply comments are due at the FCC this week.

Representatives of Alaska’s GCI asked the FCC not to wait until the end of Alaska Plan commitments in 2026 before revising the commission’s approach to 5G in the 49th state. “New requirements to deploy 5G technology cannot simply be appended to the current Alaska Plan commitments,” said a filing posted Friday in docket 23-328. 5G deployments have “different engineering and core network requirements” than older technology, GCI said: Hitting higher throughput speeds anticipated for 5G “results in a smaller coverage area than the lower throughput speeds for 4G, meaning that a provider may need to construct more towers to provide 5G service to the number of population reflected in its existing Alaska Plan commitments -- construction that has not been planned and was not considered in negotiating the original Alaska Plan commitments.” The GCI representatives met with staff from the Wireless and Wireline bureaus and Office of Economics and Analytics.

Incompas, Consumer Reports and Public Knowledge urged the FCC to ignore the Competitive Carriers Association’s request for a 15-day delay in the deadline for filing reply comments on proposed handset unlocking rules. The FCC heard little agreement this week in initial comments (see 2409100048). Absent extension, replies are due Sept. 23. “Given the importance of this proceeding” delaying the proceeding would be “harmful to consumers and competitive providers,” the three groups said in a filing posted Friday in docket 24-186: “This proceeding does not have an overwhelming number of comments or technical components to review, which makes the record here manageable to respond to by the current reply comment deadline.” T-Mobile, CCA’s largest member, supported the extension. “The proposed rule would have a significant impact on wireless providers’ business operations and impact important Commission policy objectives concerning digital equity and national security,” T-Mobile said. The “modest” extension that CCA is seeking “would facilitate a more robust round of reply comments that will allow the Commission to make a better-informed decision considering the potential significant impact of its proposed rules,” the carrier said. CCA said the FCC “should ensure all interested parties have sufficient time to meaningfully participate in this proceeding and extend the reply comment deadline to ensure the development of a fulsome and robust record.” If granted, the new deadline would be Oct. 8. Meanwhile, T-Mobile representatives met this week with FCC Commissioner Geoffrey Starks to raise legal objections to the proposed rules, the same questions that have permeated many FCC proceedings in the wake of recent U.S. Supreme Court decisions. Two years ago, SCOTUS elaborated on a new major questions test for weighing agency decisions in West Virginia v. EPA (see 2206300066). “While well-meaning, the proposed rule would hamper carriers’ ability to offer installment plans -- thereby harming competition and consumer choice, particularly for low-income consumers,” T-Mobile said: “Furthermore, the Commission fails to point to specific statutory authorization for an unlocking mandate," which "would have profound economic consequences, thus raising a ‘major question’ that would require clear statutory authority from Congress.”