The FCC may have to backtrack on proposed rules for the citizens broadband radio service band after getting essentially no support in the record for cellular market area-level bidding in June’s auction of priority access licenses (PALs). Only T-Mobile backed CMA-level bidding but not using the FCC-proposed scheme (see 1911130056). Commissioners approved a notice in September that proposes to allow bidding on a CMA-level basis, rather than just by counties, in the top 172 CMAs. Commissioners Jessica Rosenworcel and Geoffrey Starks voted for the notice, though with reservations on CMA-level bidding (see 1909260040).
Senate Judiciary Committee members weren’t swayed by intelligence officials Wednesday to reauthorize a controversial Patriot Act-related phone records program (see 1908160057). “I’m torn,” Chairman Lindsey Graham, R-S.C., told us after a hearing on USA Patriot Act Section 215 and other surveillance authorities set to expire in December. Graham generally agrees with ranking member Dianne Feinstein, D-Calif., that tools should be “taken off the table,” unless there’s good reason to reauthorize.
EchoStar appealed the U.S. Court of International Trade decision upholding denial by Customs and Border Protection of more than $276,000 in drawback claims from a video technology importer and exporter as untimely. The CIT said in June (see 1906180069) the date of filing was when a complete paper claim was submitted, not the electronic summary. The appellant/petitioner's brief is due Oct. 21, said docket 19-2299 for EchoStar v. U.S. in the U.S. Court of Appeals for the Federal Circuit. As of Friday, beyond a docketing notice (in Pacer), no additional documents were in that docket (in Pacer).
An interoperable video calling (IVC) advisory committee to the North American Numbering Council couldn't reach consensus between a plan to implement a telephone number database or to use a technology platform-based approach, said working group co-chair Matthew Gerst, vice president-regulatory affairs at CTIA. "We're asking for an extension of our charter." The group issued preliminary recommendations to the FCC in a report and a roundtable discussion at the agency's headquarters Thursday. The group was tasked with determining how to best facilitate point-to-point video calls using 10-digit phone numbers across video service boundaries.
The Court of International Trade upheld Customs and Border Protection denial Monday of EchoStar’s drawback claims as untimely. EchoStar filed the claims for duty refunds worth $276,275.12 in 2014 and early 2015, before new drawback procedures under the Trade Facilitation and Trade Enforcement Act, including fully electronic filing, took effect. EchoStar transmitted its filing via the automated broker interface within the three-year deadline, but its paper claim, including CBP Form 7551 and supporting documentation, was filed too late, causing CBP to reject the claims. “CBP is ultimately not responsible for EchoStar’s failure to timely file complete drawback claims because of either the Guidance or CBP’s ‘late’ notice to EchoStar to provide additional documents,” said CIT, referring to guidance documents that EchoStar believed meant no paper documentation was necessary. The company had no immediate comment Tuesday.
The U.S. likely will be headed to the 2019 World Radiocommunication Conference with an agenda that ranges from a possible fight over high-band spectrum to efforts again to reduce the problem of registration of nonexistent satellite systems, an FCBA event heard Wednesday.
The FCC, asked by the Commerce Department to pause its orbital debris proceeding (see 1904080033), is expected to comply. With Commerce also talking about interagency discussions on one federal authority for all things orbital debris related, some experts said single-agency oversight makes sense.
The Pennsylvania Public Utility Commission should wait to reverse pre-empt the FCC on pole attachments until the dust settles on two recent FCC infrastructure orders taking effect early next year, replied the Broadband Cable Association of Pennsylvania, posted Monday in docket L-2018-3002672. If the PUC must proceed, adopt all current and future FCC pole-attachment rules, it asked. Some want the state to adopt the FCC regulations including those orders and future ones, while others want the PUC to take parts of the federal rules, BCAP said. “To evaluate these proposals properly, the Commission would need to undertake a careful weighing of the costs and benefits,” it said. “Without data on the impact of the FCC’s recent amendments to its pole attachment rules, it would be premature for the Commission to attempt to resolve these disputes over the effectiveness of the FCC’s new regime overall or the benefits and drawbacks.” Reconsideration petitions and court appeals could mean the federal rules change again, the association noted.
Incoming Democratic-led House Commerce and Judiciary committees (see 1811280058) should hold hearings next year on T-Mobile's proposed purchase of Sprint, the American Antitrust Institute, Public Knowledge and 12 other groups wrote to the committees' likely incoming chairmen. House Commerce ranking member Frank Pallone, D-N.J., and House Judiciary ranking member Jerry Nadler, D-N.Y., are both near certain to lead their respective committees (see 1811070053 and 1811070054). The Senate Judiciary Antitrust Subcommittee probed the deal in June (see 1806270068). Pallone and House Communications Subcommittee ranking member Mike Doyle, D-Pa., wrote committee leaders in April urging a hearing (see 1804300057). The groups urged Pallone to “now announce your intent to schedule” a hearing that will “explore the merged entity’s foreign ownership; whether 5G deployment is helped by the proposed merger, despite the fact that both T-Mobile and Sprint have invested in 5G already; and the state of wireless competition.” The groups told Nadler that setting hearing “would be an excellent first step to implementing your vision for stronger antitrust enforcement, protecting consumers, promoting competition, and standing up for American workers.” Doyle signaled his interest in an interview ahead of the AAI-led letter. “It's not a bad idea to have a hearing and give members a chance to understand the merger better,” including “benefits and drawbacks,” he said. The FCC plans to restart the 180-day shot clock for review Dec. 4, at Day 55 (see 1811130051). DOJ and state regulators are continuing to review the deal. The companies didn't immediately comment.
By offering compelling IoT and machine-to-machine services, mobile satellite service operators can avoid an IoT connectivity price war with 5G, smallsat constellations and low-power wide area networks, Northern Sky Research's Alan Crisp blogged. Customers might at first be attracted to lower prices of competitors, but those options have drawbacks and those prices often are for very specific uses, he said. High-value applications in areas like maritime and energy will want full-featured M2M constellations, especially since their uses generally can't be replicated on other smallsat constellations, and there likely will be somewhat distinct market segments between MSS and smallsats, the analyst said Monday.