Almost all commenters agree, the FCC should reconsider a decision to adopt more stringent limits for out-of-band emission (OOBE) for operations in the 5.8 GHz band, the Utilities Telecom Council said in reply comments filed at the FCC (http://bit.ly/1pYJRc7). The FCC sought comment in July on seven petitions for reconsideration of its March 31 order that opens up the parts of the 5 GHz band for Wi-Fi and other unlicensed use (http://fcc.us/XffL9d). Cisco opposed several of the changes urged by the recon petitions (CD Aug 15 p1). The OOBE limits are not needed to protect Terminal Doppler Weather Radar systems, contrary to Cisco’s arguments, UTC said. “Moreover, these OOBE limits would dramatically impair the performance and increase the cost of deploying of fixed point-to-point and point-to-multipoint systems in the 5.8 GHz band,” the group said in comments posted Monday by the FCC in docket 13-49. UTC, which represents electric utilities, said utilities and other critical infrastructure industries make use of the band for point-to-point communications.

The Copyright Office is amending its regulations on cellphone unlocking so consumers can circumvent their network connections, said a Federal Register notice Monday (http://1.usa.gov/YVLmOc). Cellphone owners can also circumvent their networks when “authorized by the operator of the network,” it said. President Barack Obama signed the Unlocking Consumer Choice and Wireless Competition Act (S-517) Aug. 1, which allows for such circumvention (http://1.usa.gov/1olIjUh) (CD Aug 4 p15). The House and Senate approved the bill in July (CD July 28 p11).

Net neutrality for mobile broadband is especially critical given the reliance of young, low-income, minority and rural populations on mobile devices and networks for their main Internet access, said representatives of the New America Foundation’s Open Technology Institute and the National Hispanic Media Coalition in an FCC ex parte filing. The public interest group officials reported on a meeting with Priscilla Delgado Argeris, aide to Commissioner Jessica Rosenworcel (http://bit.ly/1p8REoD) in a filing in docket 14-28. “While the Commission should reclassify broadband Internet access over both fixed and mobile networks as a Title II service, the Commission can also rely on its concurrent authority under Title III to impose open Internet protections as public interest obligations on carrier use of spectrum,” the groups said.

Tablet and smartphone users should take caution when using “factory resets” to erase personal data before trading, reselling or donating their devices, said software erasure and reuse company Blancco in a news release Friday (http://bit.ly/1q4Yolh). The London-based company cited a recent BBC article on factory reset flaws (http://bbc.in/1rdkMN2). Factory resets sometimes “simply remove indexes to the data, rather than deleting it, so that researchers using relatively simple tools could gain access,” said Blancco. “Consumers and businesses alike should make sure that a complete overwrite is performed with proven software, meaning they should research what processes their phone carriers or buy back and return programs are using,” said Kim Väisänen, Blancco managing director.

Rumors were rampant Friday about production delays for the iPhone 6 on accounts from supply chain sources. According to a Reuters report (http://reut.rs/1q0Nr5f), Apple suppliers are scrambling to get enough screens ready for the new iPhone 6 because a redesign of a “a key component” disrupted panel production. Some accounts speculate that the thinness of the iPhone 6 is causing manufacturing headaches. An Apple news conference scheduled for Sept. 9 has many industry watchers pegging availability for Sept. 19, based on previous Apple roll-out schedules. A delay could threaten the number of phones available at launch, reports say, but rumors of delays for upcoming iPhones are as much a part of the annual runup to a new launch as “exclusives” about design and features. Retailers, meanwhile, continue to clear shelves of the soon-to-be-dated iPhone 5s.

Four in every five Americans associate privacy concerns with wearable Internet of Things connected devices, said Accenture’s Acquity Group e-commerce subsidiary Thursday in a survey report (http://bit.ly/1ohHf3C). But when the company canvassed 2,000 consumers this summer, it found that half would be willing to share personal data collected on wearables with third-party retailers, as long as they're offered some sort of “compensation,” such as a coupon or discount toward the purchase of fitness gear or healthier foods, it said. Only 9 percent said they would be willing to share data with brands for free. “As the connected technology opportunities within the market continue to grow, it’s important for businesses to understand ways to overcome barriers to adoption and create digital device strategies,” the company said. “Brands that do not evolve strategies to mirror consumer expectations will fall short and miss major revenue opportunities moving forward. While incentives are part of the answer, companies must create an understanding among consumers that their devices and personal data are well-protected from security threats. This is where firms can most effectively differentiate their business models."

Wireless Internet Service Providers Association Executive Director Rick Harnish sought changes to a March 31 FCC order that opens up the 5 GHz band for Wi-Fi and other unlicensed use (CD Aug 15 p1), in a meeting with Brendan Carr, aide to Commissioner Ajit Pai. WISPA is one of several parties that sought changes to the rules. The record reflects “overwhelming support” for the group’s petition for partial reconsideration, said an ex parte filing by the group in docket 13-49, posted by the FCC Friday (http://bit.ly/1tzY9PD). “The new restrictions on out-of-band emissions would have severe consequences for consumers and businesses that rely” on the band, Harnish said. “WISPs use the 5725-5850 MHz band for point-to-point links of up to 65 miles, a distance that cannot be achieved in other unlicensed bands.”

Spectrum sharing is a better incentive for government spectrum use than market-based user fees, said Freedom Technologies President Janice Obuchowski and Vice President Mary Greczyn, a former Communications Daily editor, in an article in the August issue of IEEE Wireless Communications. When market-based user fees have been used as an incentive in the U.S. and elsewhere, they either have not been widely adopted or have achieved mixed results, the executives said. The U.K.’s Administered Incentive Pricing program began operating in 2005, but the nation is only now set to hold an auction of spectrum belonging to its Ministry of Defence, Obuchowski and Greczyn said. Governments can get the hoped-for results of the fees, including federal agencies reducing their spectrum footprint and increasing accountability for spectrum, through more spectrally efficient technology, commercial substitutes or improved sharing techniques, the Freedom Technologies executives said. Government spectrum users are also going to mainly respond to non-market-based factors for reducing their spectrum footprint, rather than the revenue-based factors that commercial users prioritize, they said. To be effective, user fees have to better address agencies’ opportunity costs, such as how they will meet future spectral needs, Obuchowski and Greczyn said. Spectrum sharing provides a “near-term” option that encourages spectral efficiency, efficient technologies and transparency, they said. Sharing also ensures underutilized spectrum is “put to use” and better aligns the incentives public and private users seek, the executives said.

The 8th U.S. Circuit Court of Appeals affirmed a U.S. District Court ruling that the city government in North Platte, Nebraska, had not violated the Telecommunications Act of 1996 when it voted to deny NE Colorado Cellular’s request to constrict a 100-foot wireless tower and related support structures in city limits. NE Colorado Cellular, doing business as Viaero Wireless, had claimed North Platte violated the Telecom Act because its decision wasn’t “in writing” nor “supported by substantial evidence.” North Platte said its city planning commission had conducted a public hearing on Viaero’s request in 2012, including live testimony and letters from property owners on sites adjoining the proposed tower site, the 8th Circuit said in its ruling. The commission subsequently issued a summary report on that testimony and submitted it to the North Platte City Council. The council also conducted a public hearing on Viaero’s request and issued the hearing minutes before it denied the tower siting request because it “would not be in harmony with the character of the area,” the 8th Circuit said. The U.S. District Court in Lincoln, Nebraska, ruled in North Platte’s favor but said federal courts are split on what the Telecom Act’s “in writing” requirement means. The U.S. District Court said it agreed with the interpretation used by the 6th U.S. Circuit Court of Appeals, in which a decision and written record don’t need to be separate writings as long as the record allows the reviewing court to “focus with precision” on a governing body’s action and its reasons for that action. The district court also said North Platte had denied Viaero’s request based on “substantial evidence.” The 8th Circuit said it agreed with the rule used by the 4th and 11th U.S. Circuit Courts of Appeals, which had also said the Telecom Act doesn’t require that a governing body’s decision and the written record be separate documents. The 8th Circuit also said the testimony given at the North Platte City Council’s public hearing was sufficient evidence for the council to render a decision (http://1.usa.gov/VI8EFb).

Sprint unveiled an unlimited wireless plan. The Sprint $60 Unlimited Plan provides consumers with unlimited talk, text and data for $60 per month, Sprint said Thursday in a news release (http://bit.ly/1tpR6tN). To qualify for the plan, customers must buy their device through Sprint Easy Pay, and pay full retail price, or bring their own compatible device, it said. The price point is $20 less than T-Mobile’s comparable unlimited plan, a Wells Fargo analyst said. Sprint has an abundance of capacity with its spectrum pipe, “and it has now the best value in data,” Wells Fargo analyst Jennifer Fritzsche said in a research note. “While we understand the concern about pricing pressure, by our estimates Sprint’s plans are not overly destructive to cash flow trends."