A final bipartisan, bicameral bill reauthorizing the FAA includes a provision directing the Government Accountability Office to undertake a study of airspace congestion and DOT's inspector general to audit the FAA's internal processes for communicating civil aviation operators' positions to NTIA when it comes to spectrum reallocation or auctions. The FAA Reauthorization Act, released Monday, says the GAO will examine issues including commercial space launch and reentry activity. The bill directs the DOT IG to "improve internal processes by which proposed spectrum reallocations or auctions are thoroughly reviewed in advance" to ensure civil aviation stakeholders' stances get submitted to NTIA and then the FCC. The IG also must seek ways of improving communication with those aviation stakeholders about proposed spectrum reallocation or auctions that could affect the national airspace system, the bill says. It directs the FAA to conduct R&D in consultation with NTIA and the FCC on "effective and efficient use and management of radio frequency spectrum in the civil aviation domain." The legislation also directs that the FAA, with NTIA and FCC consultation, start an R&D program for development of standards for next-generation radio altimeters.
Tuesday marks the last day that eligible households enrolled in the affordable connectivity program will receive full funding, Miriam Montgomery, chief of the FCC Consumer and Governmental Affairs Bureau’s Consumer Affairs and Outreach Division, noted during a National Association of Telecommunication Officers and Advisors webinar on Monday. The webinar also included an update on the national broadband map.
Wi-Fi advocates and 6 GHz incumbents disagreed sharply on an FCC proposal to expand the parts of the 6 GHz band where very-low power (VLP) devices can operate without coordination, beyond the initial 850 MHz commissioners approved last year (see [Ref:2310190054). In one development of note, tech companies saw support for a proposal to create a geofenced variable power (GVP) device class. Replies were posted Monday in docket 18-295.
HOT SPRINGS, Virginia -- Restoring the FCC’s lapsed spectrum auction authority is a major priority of the Senate Commerce Committee and the House Communications & Technology Subcommittee, Democratic and Republican staffers said Saturday at the FCBA annual retreat here. John Lin, House Communications and Technology Subcommittee Republican senior counsel, said while Republicans would consider discussing continuing the affordable connectivity program, changes to it must come first. Speakers also covered next steps for the cyber trust mark and interagency relations on spectrum conflicts.
FCC commissioners approved fines against the then-four national wireless carriers for allegedly not safeguarding data on customers' real-time locations, in orders released Monday. The vote was 3-2. AT&T, T-Mobile and Verizon plan to appeal.
The FCC should change a draft order on foreign-sponsored content to clarify that the rules on disclosure of foreign sponsorship and certifications that companies aren’t foreign agents apply only to leased programming, not advertisements, NAB said in meetings Tuesday with Commissioner Geoffrey Starks and aides to Commissioners Brendan Carr and Anna Gomez, according to an ex parte filing in docket 20-299 (see 2403210071. The FCC “need only make clear” that language describing “short form advertising” as exempt from the rules means all advertising, NAB said. The FCC should avoid using language that inadvertently loops in longer infomercials, political ads or public service announcements, the group said. “Trying to provide a specific definition for advertising could easily lead to more problems,” NAB said. “An overlay of new diligence and disclosure rules” on top of the existing sponsorship ID rules “would be beyond the scope of the Notice in this proceeding and otherwise violate the Administrative Procedure Act (APA), the First Amendment, and the FCC’s statutory authority,” the filing said. “NAB also reminds the Commission that no one has filed in support of the FCC proposals.”
The FCC Enforcement Bureau wants letters of intent by May 29 from entities interested in leading the industry consortium for robocall traceback efforts, said a public notice Friday. USTelecom's Industry Traceback Group currently holds the position (see 2308180041). Comments on submitted letters of intent are due by June 12, replies by June 19, in docket 20-22.
The 9th U.S. Court of Appeals agreed with a lower court that denied preliminary injunction against the California Public Utilities Commission shifting to a per line surcharge for the state Universal Service Fund. T-Mobile’s Assurance Wireless had argued that the state must align with the FCC’s revenue-based method for federal USF. But on March 31 last year, the U.S. District Court for Northern California decided not to block the CPUC’s April 1 change. The 9th Circuit heard arguments on an appeal in October (see 2310170042). "The carriers have failed to show a likelihood of success on their claim that the access line rule is 'inconsistent with' the FCC rule,” Judge Ryan Nelson wrote in Friday’s opinion, which Judges Jacqueline Nguyen and Eugene Siler joined (case 23-15490). The court referred to the Communications Act's Section 254(f), which prohibits USF rules that are "inconsistent" with FCC rules. Inconsistent doesn’t mean different, Nelson wrote. "The access line rule differs from the FCC’s rule funding interstate universal service programs. But the carriers have not shown that it burdens those programs, and they have thus failed to show that they are likely to succeed on their claim that it is inconsistent with those rules." Also, the court rejected T-Mobile’s claim that the surcharge rule is preempted because it's inequitable and discriminatory. "The carriers argue that they are harmed more than local exchange carriers,” but the CPUC rule treats all telecom technologies “the same and, if anything, is more equitable than the prior rule, under which most of the surcharges came only from ever-dwindling landline services,” Nelson said. The CPUC’s "course correction" is "a fair response to a real problem,” he added. “In a world of ever-evolving telecommunications technologies, competitive neutrality must allow some play in the joints. To hold otherwise would hamstring California’s ability to satisfy its statutory mandate of providing universal service." T-Mobile also argued the change was discriminatory because the CPUC rule treats providers who get federal affordable connectivity program (ACP) support differently from those in the state LifeLine program. But the court found differences between the programs and noted that companies in ACP have the option of joining LifeLine. The decision "affirms that the CPUC's surcharge rule is consistent with federal law," said a commission spokesperson. "The CPUC will continue to utilize the surcharge to ensure consumers have safe, reliable, affordable, and universal access to telecommunications services." T-Mobile didn’t immediately comment.
CTIA representatives met with FCC Public Safety Bureau staff to express general support for commission efforts that will make IoT products more secure through the Cyber Mark program. “CTIA also discussed administration of the Program, including the roles and responsibilities of the Lead Administrator, Cybersecurity Label Administrators, CyberLABs, and the Commission,” said a filing posted Friday in docket 23-239. Commissioners approved the program in March (see 2403140034).
CTIA and member company representatives spoke with aides to FCC Commissioner Brendan Carr, asking that a 5G Fund auction occur only after funding is released for the broadband access, equity and deployment program. This has been a recurring concern for wireless companies (see 2403260052). “Although the wireless industry is making record investments to deploy 5G nationwide, there are some areas where difficult geography or sparse population mean that subsidies will be necessary to support mobile broadband,” said a filing posted Friday in docket 20-32. "While the BEAD program will not directly fund mobile broadband deployment, it is likely to result in the deployment of fiber broadband backhaul facilities and fixed wireless services that will facilitate the expansion of unsubsidized 5G coverage in rural areas."