The FCC should exercise care in approving a Samsung Electronics America request for a waiver of a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see 2309130041), Public Knowledge said in a filing posted Monday in docket 23-93. “This proceeding has revealed an unfortunate mismatch between the Commission’s certification rules for composite devices ... and the evolution of new, multiband radio technology,” PK Senior Vice President Harold Feld said in meetings with staff from the FCC Wireless Bureau and Office of Engineering and Technology, and with an aide to Commissioner Brendan Carr. Feld suggested the FCC could issue an NPRM on broader issues, use a waiver “to state with clarity the meaning of the composite system rule” or grant the waiver “under such conditions that will not create a precedent for similar multiband radio operation, and with sufficient safeguards to mitigate” interference risks. The FCC adopted the composite system rule in 1989, PK said: “At the time, a single multiband radio operating on multiple frequencies under different service rules for each band not only did not exist, but was inconceivable as anything other than a theoretical construct.”
NTIA offered additional comment on cellular vehicle-to-everything and Wi-Fi use of the 5.9 GHz band, in a filing posted Monday in docket 19-138. NTIA urged the FCC to adopt power limit rules for C-V2X on-board units (OBUs) “that provide for optional use of ‘geofencing’ techniques.” NTIA proposed allowing equivalent isotropic radiated power (EIRP) of 33 dBm for OBUs “with geofencing capability operating outside a coordination zone.” The units should be limited to 23 or 27 dBm depending on the location without geofencing capability, NTIA said. The FCC reallocated the 5.9 GHz band for use by Wi-Fi and C-V2X in late 2020 after a prolonged fight, with DOT arguing the entire 75 GHz should remain set aside for automotive safety (see 2011180043) but has yet to adopt final rules.
CTIA asked the FCC to address an issue it raised on pole attachments in 2019, providing clarity that wireless providers have access to utility light poles (see 1911200033). “Given the remarkable and growing consumer demand for wireless services and 5G home broadband -- the fastest growing segment of the home broadband marketplace -- the Commission should act on this pending request,” a filing posted Monday in docket 17-84 said. These poles “are well-suited for small cell facilities, which comprise the largest number of deployments: industry analysts report upwards of 80 percent of future deployments will be small cells, which are ideally suited to leverage street furniture such as light poles in the rights-of-way,” CTIA said.
EchoStar Chairman Charlie Ergen and other officials from the company reported on a series of meetings with FCC Wireless Bureau Chief Joel Taubenblatt and staff about 5G and spectrum items. “EchoStar reiterated its support for modernizing and improving the Commission’s spectrum aggregation policies,” a filing posted Monday in docket 23-319 said. The company urged that the FCC address proposed rule changes for the citizens broadband radio service band “including increasing authorized power levels and synchronizing downlink and uplink operations.”
The House Rules Committee will decide Tuesday about allowing a floor vote on an amendment from Reps. Nikki Budzinski, D-Ill., and Mike Carey, R-Ohio, to the Servicemember Quality of Life Improvement and FY 2025 National Defense Authorization Act (HR-8070) that mirrors an earlier bipartisan Senate proposal that allocates funding for the FCC’s expired affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program. The Budzinski-Carey proposal, like the amendment Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., unsuccessfully sought to attach to the FAA reauthorization law in May (see 2405090052), allocates $6 billion in FY 2024 ACP stopgap funding and $3.08 billion for rip and replace. It also proposes major structural changes for ACP, including ending the initiative’s $100 device subsidy and altering its eligibility rules. Another amendment, led by Rep. Derek Kilmer, D-Wash., would direct that the Federal Emergency Management Agency's director “clarify and document the responsibilities and decision-making process” for the Integrated Public Alert Warning System “to deliver tsunami alerts to the Emergency Alert System.” House Rules’ meeting on HR-8070 amendments will begin at noon in H-313 in the Capitol.
Financier BIU, which unsuccessfully petitioned the FCC to reinstate a Spectrum Five complaint against Intelsat, is appealing the agency's dismissal of that petition. The full commission's April dismissal of a petition seeking reinstatement of the SF complaint (see 2404110053) was fraudulent because it was done at the instruction of someone who had no right, power or authority to do so, BIU said Friday in a petition for review (docket 24-1189) at the U.S. Court of Appeals for the D.C. Circuit. The D.C. Circuit complaint seeks reinstatement of SF's petition that the FCC act against Intelsat for allegedly interfering with SF's spectrum license. "The unauthorized withdrawal of the [SF] Petition amounts to a fraud on the Commission itself," BIU said. The SF petition was withdrawn at the instigation of SF CEO David Wilson, who lacked authority to do so, BIU argued. Wilson didn't comment Monday.
The U.S. Appeals Court for the D.C. Circuit granted the FCC’s motion to dismiss the petition of Essential Network Technologies and MetComm.Net that challenged the authority of the agency and the Universal Service Administrative Co. to withhold reimbursement of discounts for IT and broadband services that the two companies provided to schools under Section 254 of the Communications Act (see 2404250028). Circuit Judges Robert Wilkins, Michelle Childs and Florence Pan issued a per curiam order Friday (docket 24-1027). The petitioners didn’t challenge the FCC's “final reviewable order,” the order said. The D.C. Circuit also denied the petitioners’ request for mandamus relief to order USAC to release the reimbursements, said the order. USAC’s investigations of the two petitioners and their eligibility to receive universal service fund reimbursements are complete, the FCC told the D.C. Circuit last week (see 2406050001). USAC’s delay in completing the investigations wasn’t so egregious as to warrant mandamus, the order said. The petitioners haven’t otherwise demonstrated a “clear and indisputable right to mandamus relief,” it added.
The FCC urged the 6th U.S. Circuit Appeals Court Friday to move the challenge to the FCC’s net neutrality order to the D.C. Circuit (docket 24-3450). The FCC also issued an order declining to stay the rules, which take effect July 22, pending judicial review.
The FCC's proposed crackdown on video carriage agreements' most-favored nation (MFN) and alternative distribution method (ADM) provisions is being met with huzzahs from independent programmers and allies. But docket 24-115 comments last week saw multichannel video programming distributors (MVPD) argue that the more-pressing problem is big programmers forcing contractual terms. The agency's commissioners in April approved 3-2 an indie-programmer NPRM that proposed restrictions on carriage agreement terms and sought comment on bundling practices broadly (see 2404190063).
DOD Chief Information Officer John Sherman, who has led the department’s work on opening the lower 3 GHz band for 5G, is leaving government for academia. He will become dean of the Bush School of Government and Public Service at Texas A&M University. But industry experts agree that the personnel change likely won’t prove disruptive because Leslie Beavers, principal deputy CIO, will replace Sherman on an acting basis.