The U.S. Chamber of Commerce said the FCC should avoid taking the steps proposed in an AI NPRM. Commissioners approved the NPRM 5-0 in August. Conversely, consumer groups supported the proposed rules. Comments were due last week and posted Thursday and Friday in docket 23-362.
With Hurricane Milton recovery efforts continuing, the FCC extended the Lifeline program to storm victims, telecom companies expanded efforts to restore service, and NAB pointed to AM radio as an antidote to online misinformation about relief efforts.
Financier BIU can't show any FCC error in how the agency handled a private contractual dispute between BIU and satellite company Spectrum Five, the respondent commission said Thursday as it urged denial of BIU's petition for review (see 2409100005). In a docket 24-1189 brief Wednesday to the U.S. Court of Appeals for the D.C. Circuit, the FCC said its Enforcement Bureau's denial of BIU's request that the agency reopen Spectrum Five's complaint against Intelsat was in line with the agency's "long-standing practice of non-involvement in private contractual disputes." The FCC said BIU has given no reason why it can't pursue its contract claims in state court, which is the proper forum. The commission said that while BIU alleges that Spectrum Five's Intelsat complaint was withdrawn due to fraud, the fraud allegations "hinge on the contested interpretation of loan agreements that the Commission properly refrained from resolving."
The 11th U.S. Circuit Appeals Court this week scheduled oral argument for Dec. 18 in Atlanta on a case that a group representing lead generators and their clients brought seeking to overturn the FCC’s robocall and robotext order (see 2407230036). That date is exactly one year after the FCC approved the order 4-1, with Commissioner Nathan Simington dissenting (see 231208004). The 11th Circuit said it will identify the three-judge panel that will hear the case in early December (docket 24-10277).
Groups representing the deaf and hard of hearing urged the FCC to add a paragraph to the draft hearing-aid compatibility order teed up for a vote at the commissioners' open meeting Oct. 17 (see 2409260047). Representatives also spoke with an aide to FCC Chairwoman Jessica Rosenworcel about the draft order, according to a filing posted Thursday in docket 23-388. The order should say the agency “will continue to monitor consumer and technology trends for Bluetooth and telecoil coupling to reevaluate their benchmarks, taking into consideration consumer preferences and trends, changes in the marketplace, and developments in research and technical standards pertaining to hearing aid compatibility.” The order should also commit to update benchmarks “as needed to reflect changes,” beginning “four years from the effective date of this order, and continuing on a regular basis thereafter,” the groups said. “The addition of the proposed language to the Report and Order would underscore the Commission's commitment to a forward-looking, flexible policy that impacts people with hearing loss.” Those 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.
The National Coalition on Black Civic Participation supported a uniform handset unlocking mandate for wireless carriers, proposed in an FCC NPRM, which has proven controversial (see 2409240038). “Adopting a uniform, industry-wide unlocking requirement for all service providers would advance digital equity, lessen consumer confusion, and provide consumers with the unencumbered ability to choose a service provider that best suits their needs,” said a filing posted Thursday in docket 24-186. “This is particularly important in Black communities that are more dependent on smartphones to access the internet and often experience greater financial constraints that limit their ability to purchase a new device if they want to change service providers,” the group said.
Industry officials continued questioning AT&T’s Wednesday proposal that calls for major changes in how 3 GHz, including the citizens broadband radio service band, is configured (see 2410090037). Monisha Ghosh, University of Notre Dame engineering professor and former FCC chief technologist, said AT&T's proposal leaves some questions unanswered. While in principle it’s “desirable to have high-power and low-power users separated by one boundary, the AT&T proposal doesn’t address how the existing Navy radars in the CBRS band will be protected” or “relocated and how spectrum sharing in 3.1-3.45 GHz will be implemented,” Ghosh told us, noting there are now 120 different kinds of radar in the band. Ghosh warned against drawing conclusions before the administration completes its study of the lower 3 GHz band called for in the national spectrum strategy. Moreover, Ghosh disagreed with AT&T that CBRS is "underutilized.” Relocating CBRS devices into another band that’s not an existing 3rd Generation Partnership Project band wouldn’t be a “trivial” problem, she said. Meanwhile, Public Knowledge Senior Vice President Harold Feld wrote in an email, “When you have a hammer, everything looks like a nail,” and when you’re a carrier “everything looks like it should be optimized for mobile broadband.” Feld added, “CBRS was designed to permit new kinds of innovation by different actors, such as stadiums, large warehouses, ports, or enterprise customers looking to run their own private networks.”
The Schools, Health and Libraries Broadband (SHLB) Coalition urged that the FCC grant Sonic Telecom's petition for reconsideration of portions of the FCC's 2020 order on unbundled network elements (UNEs) rules (see 2210170079). Competitive ISPs "should be able to access existing dark fiber transport on an unbundled basis so that they can control the services they offer consumers" and bid on E-rate services, SHLB said in a filing posted Thursday in docket 19-308. The group said the FCC should "act with haste" to reinstate the provision for such access that was "dramatically curtailed" in the 2020 order.
Pay Tel Communications asked the 4th U.S. Circuit Court of Appeals to hold unlawful certain portions of the FCC's order covering incarcerated people's communications services in a petition filed Tuesday (docket 24-1984). Pay Tel said parts of the order are "arbitrary" and "an abuse of discretion within the meaning of the Administrative Procedure Act." A coalition of 14 states petitioned the 8th Circuit on similar grounds (see 2410020039). Last month, the 1st Circuit was selected to hear consolidated challenges of the order (see 2409190061).
House Appropriations Committee Chairman Tom Cole, R-Okla., urged the FCC Wednesday night to close its Further NPRM eyeing dynamic sharing in the 12.2-12.7 GHz band and “adopt final rules authorizing high-powered two-way fixed broadband service” on the frequency. “The FCC updating its rules to authorize” fixed broadband service on the lower 12 GHz band “will allow for more continuous spectrum, especially in tribal and rural communities,” said Cole, whose congressional district includes a significant tribal population, in a letter to Chairwoman Jessica Rosenworcel. “Ensuring that tribal communities are connected is a key priority for me. This expanded broadband service will help close the longstanding digital divide for underserved and hard to reach areas and foster economic development.” Incompas CEO Chip Pickering praised Cole for backing fixed wireless use of the lower 12 GHz band. “Our nation is at a pivotal moment in its work to connect every community, and [Cole] sees a clear opportunity to use this mid-band spectrum to bridge the digital divide, including in tribal areas in Oklahoma,” Pickering said: “We encourage the FCC to build on this momentum and act soon so we can continue delivering on the promise of Internet for all.” Sen. Dan Sullivan, R-Alaska, a member of the Senate Armed Services and Commerce committees, urged the FCC in July to adopt dynamic sharing on the lower 12 GHz band if it finds that use won’t cause harmful interference for incumbent users (see 2407160066). SpaceX is urging the FCC against dynamic sharing, while EchoStar supports it (see 2409050040).