The 5th U.S. Circuit Appeals Court on Friday denied a U.S. government motion to hold in abeyance a challenge of the FCC's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses pending a U.S. Supreme Court decision in another case (see 2410090025). That case, U.S. Nuclear Regulatory Commission v. Texas, considers whether the Hobbs Act permits a “party aggrieved” by an agency’s “final order” to seek review in a federal court of appeals and “allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority.” The 5th Circuit denied the motion without commentary (docket 23-60641).

Representatives of the New York Metropolitan Transportation Authority (MTA) met with an aide to FCC Commissioner Geoffrey Starks on how rules changes for the 4.9 GHz band could alter construction of its communications based train control (CBTC) modernization project, which uses the spectrum. “MTA urged the Commission to ensure that the rules it adopts allow MTA to continue its CBTC deployment,” said a filing posted Thursday in docket 07-100. MTA asked whether it would be able to retain its existing geographic area license and authorization for sites currently operated under its license. “Bearing in mind that construction … may extend for decades, and the need for upgrades/changes to sites will be ongoing, will MTA retain authority for an indefinite time period to construct new sites and modify existing sites within the boundaries of its current license?” MTA asked. Meanwhile, the New Jersey Deputy Fire Chiefs Association supported giving the FirstNet Authority control of the band. “We strongly believe that this spectrum should remain dedicated solely to public safety, and we are opposed to any plans to share it with commercial users or to disperse its management to individual states,” the group said: “The most logical and efficient path forward is to place the 4.9 GHz spectrum under the stewardship of the FirstNet Authority.”

The Leech Lake Band of Ojibwe urged the FCC to increase the budget in Phase I of the 5G Fund, with a tribal set-aside, in a filing posted Thursday in docket 20-32. Commissioners approved a $9 billion fund in August on a 4-1 vote, with Commissioner Brendan Carr dissenting (see 2408290022). The Minnesota tribe also stressed tribal engagement. “Early engagement and inclusion is critical to reach 100% of … citizens residing in the Tribal lands,” the filing said.

The Intelligent Transportation Society of America met with aides to all the FCC commissioners, except Chairwoman Jessica Rosenworcel, asking that the commission finalize rules for cellular vehicle-to-everything use of the 5.9 GHz band. Rosenworcel circulated an order in July. It is still before commissioners (see 2407170042). “ITS America noted that waivers cannot facilitate scaled deployment and reiterated its support for the timely adoption and release of the Second Report and Order in this proceeding,” said a filing posted Thursday in docket 19-138.

American Tower was among the least-shorted companies on the S&P 500 last month, Seeking Alpha reported Wednesday. American Tower had a reported short interest of 0.77% as a percentage of stock float, the report said. Motorola Solutions also made the least-shorted list (0.82%). The least-shorted stock was engineering firm Amentum Holdings (0.24%), Seeking Alpha said.

GCI Communications filed a redacted letter at the FCC on its pursuit of a plan to pay for 5G deployment in Alaska (see 2407230013). GCI and the Brattle Group are developing a model that estimates the incremental cost of providing mobile broadband service to Alaska residents. “The results of the updated model continue to confirm that deploying 5G to all Broadband Serviceable Locations in Alaska at 35/3 Mbps (average) and 7/1 Mbps (edge) by the end of the Alaska Connect Fund term would require substantially more universal service support,” said a filing posted Wednesday in docket 23-238.

NTIA supports the FCC’s proposal for expansion of nonfederal use of the 13 GHz band, provided there are protections for in-band and adjacent federal operations, said a filing last week in docket 22-352. NTIA responded on behalf of NASA and the National Science Foundation. To ensure “in-band compatibility” with NASA’s Deep Space Network receiving ground station at Goldstone, California, and NSF-operated radioastronomy (RA) observatories, “NTIA and the Commission should develop a coordination process that would protect these important scientific endeavors while still permitting more intensive use of the band,” NTIA said. “Because the RA observatories are located in remote areas, successful coordination should be possible,” NTIA said. The FCC launched a notice of inquiry on the future of the 13 GHz band two years ago (see 2210270046).

Garmin International provided additional information to the FCC on its request for a waiver of rules for handheld general mobile radio service (GMRS) devices limiting them to one transmission every 30 seconds (see 2310060031). Garmin responded to a North Shore Emergency Association filing, which found an earlier filing on a September meeting of Garmin with FCC staff was inadequate (see 2407260036). “Garmin reiterated [during the meeting] that the data transmissions of its proposed GMRS device will have a reduced duty cycle and less practical effect on users of GMRS devices compared to the digital data transmissions currently permitted under the Commission’s GMRS rules, including by limiting data transmissions to interstitial channels,” said the latest Garmin filing, posted Tuesday in docket 24-7. “Specifically, Garmin is seeking to provide very short (50 milliseconds) digital data transmissions, such as GPS location data, once every five (5) seconds, provided that in non-emergency situations the channel being used has not been utilized for voice communications in the prior 30 seconds,” Garmin said.

Groups representing the deaf and hard of hearing opposed a CTIA request that the FCC indefinitely extend its September 2023 temporary waiver allowing use of the interim volume control testing method for hearing-aid compatibility (HAC) compliance. CTIA made the proposal as part of its FCC outreach on the draft GAC order, set for a commissioner vote Thursday (see 2409260047). The FCC’s waiver standard “dictates that the Commission should not act now to preemptively extend -- without imposing any time limits -- the September 2023 waiver allowing use of the interim HAC volume control testing method,” said a filing posted Tuesday in docket 23-388. The groups also raised concerns about the CTIA’s comments on labeling (see 2410090051). The FCC should “take into account that consumers with hearing loss must receive all the information they need to make an informed decision about any handset before purchase,” the filing said. Groups signing the filing were the Rehabilitation Engineering Research Center on Technology for the Deaf and Hard of Hearing, the Hearing Loss Association of America, Deaf Equality, TDIforAccess and Communication Service for the Deaf.

Consultant Whitey Bluestein argued in favor of the FCC adopting uniform handset unlocking standards. Current nonmandatory standards “were adopted 11 years ago" with “little or no consumer input,” said a filing Tuesday in docket 24-186: “Since then, industry structure, technology, networks, spectrum, devices, services, usage and regulations -- virtually everything comprising the mobile ecosystem -- have changed dramatically.” Among the changes, Bluestein cited smartphones are now “increasingly powerful” and their cost “has nearly doubled, averaging $823 in 2023, and expected to increase.” FCC commissioners approved an NPRM 5-0 in July proposing that all wireless providers unlock handsets 60 days after they’re activated, unless a carrier determines the handset “was purchased through fraud” (see 2407180037).