Federal Communications Commission (FCC)

Protected status for federal earth stations using commercial satellite services is "overdue," NTIA said this week in docket 24-121 as the FCC sought comment on expanded federal use of commercial satellite spectrum bands (see 2406280034). NTIA said the FCC should move quickly on an NPRM that lays the path for that protected status for federal earth stations using commercial satellite services. It suggested a regime where federal agencies would submit information to the commission for notice and comment, and then entry into the FCC’s earth station database, akin to the process some FAA-operated C-band earth stations in Alaska use. Warning of the possible hindrance of 5G’s rollout, CTIA said any sweeping allocation of spectrum to federal users on a primary basis “would exacerbate the existing imbalance between federal and non-federal spectrum allocations.” It said the FCC and its Office of Engineering and Technology need to clearly define the spectrum bands not already allocated for federal fixed satellite service (FSS) and mobile satellite service (MSS) that might be looked at for expanded federal use. It said adding federal allocations to the lower C band and to the 13 GHz band could complicate investigation of the bands for commercial mobile use. The Satellite Industry Association said FSS and MSS allocations should be added to the federal portion of the Table of Frequency Allocations for nonfederal spectrum bands, while also making clear federal operations under the allocation are limited to federal earth stations communicating with nonfederal space stations. It said federal users should have to follow the same rules and procedures as nonfederal users. SIA's comments were similar its 2021 advocacy, when the agency also looked at the issue (see 2110180066). The 10.7-11.7 GHz band is “critical” for mobile wireless traffic backhaul and a “safe harbor” band for fixed service systems relocating out of the 6 GHz band, said Comsearch. Fixed service use of the band has almost tripled in the past decade, it said. Comsearch said that extensive use of the band points to how it must be preserved for nonfederal terrestrial operations.

The FCC approved on a 3-2 party line vote an NPRM seeking comment on requiring disclosures for political ads that use AI-generated content. The proposal, which was approved July 10 on circulation but not released until Thursday, doesn’t specify the timing of an eventual order. Commissioner Brendan Carr and Federal Election Commission Chair Sean Cooksey condemned it as an attempt to interfere with the 2024 election. The FCC declined to comment on the intended timing of a final rule, or the delay in the item’s release.

The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.

The 5th U.S. Circuit Court of Appeals in a 9-7 decision sided with Consumers' Research following an en banc rehearing of the group's challenge of the FCC's Universal Service Fund contribution methodology. Calling the contribution factor a "misbegotten tax," the court in a Wednesday ruling in docket 22-60008 held that as a "practical matter," the Universal Service Administrative Co. "sets the USF tax" that's "subject only to FCC's rubber stamp" (see 2406180055). In a statement, Chairwoman Jessica Rosenworcel said the agency will "pursue all available avenues for review."

Telecom companies argued for more flexible speed testing rules in comments Tuesday at the Nebraska Public Service Commission. Some Nebraska requirements are too challenging, and the state should avoid duplicating FCC-mandated tests, they said. Sometimes the "costs of conducting testing exceed the benefits" of it, Nebraska Rural Independent Companies (RIC) said.

The future of telecom regulation is fraught with uncertainty post-Chevron, Mintz lawyers concluded during a webinar Wednesday, focusing primarily on four recent U.S. Supreme Court Cases: Loper Bright (see 2406280043), Ohio v. EPA and SEC v. Jarkesy (see 2407220048) and Corner Post (see 2407010035).

The FCC should proceed with caution or reconsider entirely a proposal that imposes on the nine largest ISPs specific reporting requirements on their border gateway protocol (BGP) security practices, ISPs and industry groups said in comments posted through Thursday in docket 24-146 (see 2406060028). The Biden administration "supports properly implemented and narrowly constructed" BGP reporting requirements, NTIA said. "The FCC's action should be appropriately tailored to preserve the highly successful multistakeholder model of internet governance."

The global outage of Microsoft systems caused by a software update from cybersecurity company Crowdstrike grounded airplanes globally and affected some broadcasters and 911 systems but spared others, reports from multiple companies and state agencies said.

FCC commissioners approved 3-2 a draft order and Further NPRM at their Thursday open meeting that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. The FCC Republicans issued dissents as expected (see 2407170035). In a lengthy dissent, Commissioner Brendan Carr questioned whether the order would survive a legal challenge.

Congressional GOP leaders demanded Thursday that the FCC and other independent agencies adhere strictly to its narrowed leeway of interpreting federal laws following the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other recent rulings that rein in federal agencies (see 2407080039). House Commerce Committee Chair Cathy McMorris Rodgers of Washington and Oversight Committee Chairman James Comer of Kentucky pressed the FCC, FTC and Commerce Department to understand the “limitations” Loper “set on your authority” given it overruled the Chevron doctrine. Meanwhile, FCC Commissioner Brendan Carr pooh-poohed critics of Loper who argue it hamstrings regulatory agencies. Communications-focused lawyers at an Incompas event eyed a range of legal challenges to recent FCC actions that could face improved prospects because of Loper.