The net neutrality draft order on the FCC's April 25 open meeting agenda (see 2404030043) will face much the same legal arguments as the 2015 net neutrality order did, with many of the same parties involved, we're told by legal experts and net neutrality watchers.
House Communications Subcommittee Chairman Bob Latta (Ohio) and Health Subcommittee Chairman Brett Guthrie (Ky.) are highlighting reaching a deal on an expansive spectrum legislative package as a top communications policy priority if they succeed retiring Commerce Committee Chair Cathy McMorris Rodgers (Wash.) as the panel's lead Republican in the next Congress. Both contenders separately told us their spectrum focus wouldn’t waver if Rodgers and other congressional leaders reach a deal this year that restores the FCC’s lapsed auction authority and other airwaves-related priorities. Talks on spectrum legislation have largely stalled since early 2023, but Senate Commerce Committee Chair Maria Cantwell, D-Wash., and others are shopping new proposals (see 2403210063).
The FCC Wireless Bureau Wednesday denied a waiver request by Lincoln County, Maine, to operate a travelers’ information station (TIS) that deploys equipment not certified for Part 90 use, using AM radio spectrum. “Since the County did not include an engineering analysis in its … request, we cannot determine whether operation of the proposed transmitter at its maximum output power of 500 watts would interfere with incumbent AM broadcast stations,” the bureau said. The bureau also denied a similar request by Waldo County, Maine. The county argues it's “a coastal jurisdiction and is susceptible to severe summer and winter storms, in the form of blizzards, nor-easters, ice storms, tropical storms and hurricanes,” and it “can experience out-of-control forest fires that can burn into neighborhoods and cut off escape routes,” the bureau said: “Though these circumstances may be factual, and though [we] do not downplay the severity of such threats, we find that these do not constitute unique or unusual circumstances, as these circumstances could apply to other areas of the country."
The 5th U.S. Circuit Appeals Court should reverse the FCC's ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) by interpreting the Communications Act “in accordance with its ordinary meaning,” Senate Commerce Committee ranking member Ted Cruz (Texas) and six other Republican senators wrote in an amicus brief Tuesday (docket 23-60641). The brief supports Maurine and Matthew Molak's petition to defeat the Oct. 25 declaratory ruling (see 2404030010).
NCTA officials and members spoke with aides to all five FCC commissioners about Samsung Electronics America’s request for a waiver for a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see 2309130041). Cable companies objected earlier (see [Ref:2401050052). Technical analysis demonstrates that Samsung’s multiband radio “and others sure to follow based on its theory would increase the median noise in the CBRS band by roughly 11 dB, harming the services existing CBRS users are providing to consumers,” said a filing posted Tuesday in docket 23-98. Approval of the waiver “would set a troubling precedent by allowing future parties to disregard emissions limits and other protections, undermining the Commission’s ability to manage interference.” Among those represented on the calls were Comcast, Charter Communications and Cox Enterprises.
Multichannel video programming distributors (MVPDs) redoubled their arguments against a proposed requirement that gives subscribers a rebate when a retransmission consent talk impasse results in a blackout. Arguments were made in reply comments filed in docket 24-20 this week. Initial comments were in March (see 2403110057). Localities and broadcasters jabbed at MVPD contentions. Also, broadcasters and MVPDs are at odds over a proposed blackout reporting mandate (see 2402270044).
The FCC will take a series of steps to reestablish the commission's net neutrality framework and reclassify broadband internet access service (BIAS) as a Communications Act Title II telecom service in a declaratory ruling and order (see 2404030043). A draft of the items to be considered during the agency's April meeting, released Thursday, would establish "broad" and "tailored" forbearance for ISPs. The draft doesn’t make a final determination on how network slicing should be treated under the rules.
Comparisons of 5G spectrum allocations and investments in China, the U.S. and Europe often lack detail or rely on data with different definitions, Dean Bubley of Disruptive Analysis wrote in a LinkedIn post Wednesday. Such comparisons "are mostly political and competitive." In addition, those who make such comparisons are often seeking more stringent regulation of a perceived competitor, he said. Claims that China has more midband spectrum allocated than the U.S. ignore that the 3.3-3.4GHz is dedicated for shared, indoor use by multiple mobile network operators, while 200MHz in the lower 6 GHz band is for "localised enterprise private networks," he said. Citing wireless interests seeking additional spectrum for fixed wireless access, Bubley said it is "rather disingenuous ... to complain about traffic volumes on mobile networks ... and then specifically promote services that they know will use 20x more data per subscriber."
DOD on Wednesday released a redacted version of the Emerging Mid-Band Radar Spectrum Sharing Feasibility Assessment (EMBRSS), which DOD and NTIA forwarded to Congress in September (see 2309280087). The report examines military systems located in lower 3 GHz spectrum, with an eye on potential sharing but not on clearing as sought by CTIA and carriers.
FCC commissioners will vote on restoring net neutrality rules during the agency's April 25 meeting, Chairwoman Jessica Rosenworcel announced Wednesday (see 2403290057). Commissioners will consider a declaratory ruling, order, report and order, and order on reconsideration. "A return to the FCC’s overwhelmingly popular and court-approved standard of net neutrality will allow the agency to serve once again as a strong consumer advocate of an open internet," Rosenworcel said. Also on April's agenda is a draft NPRM about georouting 988 calls (see 2404030051).