Congress appears unlikely to renew FCC auction authority this year, which makes prompt FCC action on approving fixed wireless use of the lower 12 GHz band even more important, former FCC Commissioner Mike O’Rielly said in a new blog post. O'Rielly called inaction on FCC auction authority “especially vexing" given the importance of spectrum to U.S. competitiveness and enabling new technologies. “Having served as an FCC Commissioner, I understand the agency’s limited options to make more spectrum available absent Congressional action on auction authority,” O’Rielly said: “Despite this challenge, there is a prime opportunity before the Commission in the pending lower 12 GHz proceeding that would enable more efficient use of spectrum even while Congress works to restore auction authority.” The FCC “should not wait to act on … and should move to adopt final rules to authorize the use of high-power two-way, fixed wireless service in the band.” The 12 GHz for 5G Coalition continues pressing for FCC action on the band (see 2407030061).

The FCC’s cyber trust mark program should remain focused on cybersecurity, based on NISTIR 8425, the National Institute for Standards and Technology’s IoT core baseline, CTA representatives said during a meeting with FCC Public Safety Bureau staff. “Ensure confidential treatment of both Cybersecurity Label Administrator and manufacturer applications,” a filing posted Thursday in docket 23-239 said. The program should also be “backed by a broad consumer education campaign that is led by the U.S. government,” CTA said.

The Schools, Health & Libraries Broadband Coalition, joined by public interest groups, and T-Mobile opposed a petition at the FCC seeking reconsideration of last month’s 3-2 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). They were the only filers in docket 21-31 as of Wednesday. Tuesday was the deadline for oppositions. Maurine and Matthew Molak, who sued the agency over its decision that authorized funding Wi-Fi on school buses, are seeking reconsideration (see 2408020035). The FCC should dismiss the Molak petition “as it relies on arguments that have been fully considered and rejected by the Commission within the same proceeding,” said SHLB. The Open Technology Institute at New America and the Benton Institute for Broadband & Society joined SHLB. “Petitioners fail to identify any material error, omission, or reason warranting reconsideration of their arguments alleging the Commission’s lack of statutory authority,” the groups said. The petition “merely asserts its claims and does not raise any additional argument purporting that the Commission had either erred in its reasoning that the above-mentioned statutory provisions grant[ ] it legal authority, or that the Commission omitted or failed to consider certain facts or reasoning when making its determination.” Even before the COVID-19 pandemic, “a majority of students required the Internet to complete their homework every single day,” T-Mobile said. “Progress made in addressing the Homework Gap during the pandemic by local school districts that provided students with Wi-Fi hotspots is now in jeopardy, and so the Wi-Fi lending program contained in the Order is crucial to sustaining pandemic-era connectivity gains and connecting students.” The FCC order contains appropriate safeguards, T-Mobile said: “It requires applicants to maintain acceptable use policies that clearly state that off-premises use must be primarily for an educational purpose.” The Molaks, whose 16-year-old son died by suicide after he was cyberbullied, argued that the school bus ruling would give children and teenagers unsupervised social media access.

During a meeting with an aide to FCC Chairwoman Jessica Rosenworcel, representatives of the 5G Automotive Association urged “expeditious adoption” of a long-anticipated order finalizing rules for cellular vehicle-to-everything use of the 5.9 GHz band. Rosenworcel circulated the order for a vote in July (see 2407170042). Based on Rosenworcel’s statement at the time, “the order appears to be generally consistent with 5GAA’s most recent advocacy concerning the rules” for C-V2X, said a filing posted Wednesday in docket 19-138.

The FCC Wireless Bureau on Tuesday approved a January request by PTC-220 for authority to operate 76 positive train control radio base stations, using automated maritime telecommunications system spectrum covering the Northern Atlantic region. “Today’s action will enable PTC-220’s member railroads to deploy Congressionally-mandated, interoperable PTC and related (non-PTC) rail safety systems on rail lines serving 53 counties in New Jersey, New York, and Pennsylvania,” the bureau said. Its order notes PTC-220 will use the upper portion of the spectrum block at 219.5-220 MHz, adjacent to its 220 MHz spectrum. PTC-220 member railroads “will use the AMTS spectrum to implement two additional PTC common channels, which will improve system reliability and safety,” the order said.

Apple representatives explained the company’s approach to a geofenced variable power (GVP) device class in the 6 GHz band and how its proposal differs from the FCC proposal for geofencing in the band (see 2407080024) during a meeting with top FCC Office of Engineering and Technology staff. “Our GVP proposal closely aligns with the FCC’s geofencing proposal but recommends a higher operating power limit,” said a filing posted Tuesday in docket 18-295. Apple proposes “two discrete power levels” at +1 dBm/MHz power spectral density (PSD) and +8 dBm/MHz PSD," both with an equivalent isotropically radiated power limit of 21 dBm. “We revised our initial dynamic power level proposal in response to the record to make the geofencing system even simpler,” the company said.

Anterix representatives spoke with an aide to FCC Commissioner Brendan Carr asking for action on a rulemaking authorizing 5/5 MHz broadband deployments in the 900 MHz band (see 2405210041). “The Petition is premised on the recommendation that all relocation from the current narrowband segments be on an entirely voluntary basis and that there be continued interference protection for incumbents,” said a filing posted Tuesday in docket 24-99.

The Rural Wireless Association supported the Competitive Carriers Association's arguments questioning the FCC’s proposed methodology for a 5G Fund (see 2408050037) in a filing posted Tuesday in docket 20-32. RWA members “are similarly concerned with the 5G Rural Fund framework and see the need for significant rule changes before final adoption,” the group said. “RWA also agrees with CCA that the FCC should: (1) increase the 5G Rural Fund budget to meet its statutory obligations; and (2) define 5G service at a 35/3 Mbps speed threshold for purposes of determining where 5G coverage exists,” the filing said.

NCTA criticized the FCC’s Paperwork Reduction Act analysis in its November order protecting consumers from SIM swapping and port-out fraud (see 2311150042). In addition, it asked the agency to reissue the notice “with more detailed burden and cost analysis.” NCTA said it “appreciates the important goals” and commission efforts “to protect mobile wireless customers from fraudulent schemes,” in a filing Monday in docket 21-341. NCTA said the agency should “reexamine information and evidence submitted by NCTA and other industry groups demonstrating the much greater burden these new rules place on providers.”

Determining whether fixed wireless access is capacity-limited is “perhaps the most critical question hanging over the mobile and broadband sector in the US,” New Street’s Jonathan Chaplin said in a Monday note to investors. “If capacity is limited at 10-20%, then 80-90% of the broadband market remains a duopoly, with pricing power and high returns on invested capital, and assets will ultimately trade at higher multiples,” Chaplin wrote: If capacity isn’t limited “the broadband market is as competitive as wireless with no pricing power, and broadband assets deserve to trade at the 6-7x that they are trading at today. Cable subscriber growth won’t recover anytime soon, and some investments in fiber that are predicated on high and rising ARPU may prove to be a bust.”