The 8th U.S. Circuit Court of Appeals denied the motion of 20 industry and business groups for expedited briefing and oral argument on their 16 consolidated petitions to vacate the commission’s Nov. 20 digital discrimination order (see 2403140042), said the court’s order Wednesday (docket 24-1179). The 8th Circuit granted unopposed motions for leave of two petitioners -- the Media Alliance and Great Public Schools Now and of the Benton Institute for Broadband & Society -- to intervene on the FCC’s behalf to prevent the order from being completely vacated, though they do oppose portions of it. In their motion, the industry petitioners argued that an expedited briefing would ensure the 8th Circuit has adequate time to render a decision on the petitions for review before the digital discrimination order takes effect Sept. 22. The FCC opposed the motion, arguing that “accelerating this highly complex proceeding” prejudices the government (see 2403190041).
Trade groups critical of the FCC’s digital discrimination order disagreed Wednesday with members of its Communications Equity and Diversity Council about the order’s breadth. The order “covers every aspect” of an ISP’s service and could lead to companies slowing the rollout of service in some communities to avoid the appearance of discrimination, said Diana Eisner, USTelecom vice president-policy and advocacy, at an FCBA CLE. “Given the scope of the problem,” it was appropriate for the FCC to create a rule that could tackle multiple forms of discrimination, said Leo Fitzpatrick, policy analyst at The Utility Reform Network and a former CEDC member.
A Thursday Senate Commerce Committee hearing is likely to highlight stark differences between panel leaders’ competing proposals for a spectrum legislative package, including whether it should mandate sales of specific bands before NTIA completes studies of those frequencies in keeping with the Biden administration’s national spectrum strategy (see 2403120006). Lawmakers’ apparent failure to reach a deal allocating additional money for the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program (see 2403190062) as part of a FY 2024 still-unreleased “minibus” spending package also ratchets up the pressure for a spectrum bill to use future auction revenue to pay for multiple telecom priorities, officials and lobbyists told us.
Converged terrestrial and satellite connectivity is a given, but the path is strewn with unknowns and sizable technological and business stumbling blocks, according to satellite operator CEOs. For example, satellite operators must start thinking and acting like mobile network operators, creating an ecosystem that allows seamless roaming among them, Viasat CEO Mark Dankberg said during Access Intelligence’s Satellite 2024 conference in Washington Wednesday. Separately, space sustainability advocates urged a mission authorization regulatory framework and universal use of design features such as docking plates enabling on-orbit serving or towing. Meanwhile, conference organizers said event attendance reached 14,000.
The Further Consolidated Appropriations Act FY 2024 minibus spending bill released early Thursday morning doesn't include stopgap funding for the FCC's affordable connectivity program or the Secure and Trusted Communications Networks Reimbursement Program, as expected. The measure allocates almost $390.2 million to the FCC for FY24 and $425.7 million to the FTC. It also includes $535 million for CPB in FY 2026, turning back House Appropriations Committee Republicans' attempt to end that entity's advance funding.
A CTIA executive on Wednesday criticized DOD’s work so far on the potential clearing of parts of the lower 3 GHz band. “We need more spectrum to meet commercial demand” and the federal government holds the most spectrum, said CTIA Senior Vice President-Spectrum Umair Javed during an Information Technology and Innovation Foundation webinar on Wednesday. Other panelists praised the Biden administration for releasing a national spectrum strategy (see 2403120006). The strategy includes a co-led NTIA and DOD study of the lower 3 GHz band.
In launching its Space Bureau last year, the FCC "worked hard to invite new entrants" into space, and that approach has seen some success, agency Chairwoman Jessica Rosenworcel said in prepared remarks during a Satellite Industry Association event Monday night. An example of that success was Intuitive Machines' lunar lander mission last month, with it being a first-time licensee receiving the FCC's first-ever lunar license, she said. Rosenworcel said the commission "will do everything in its power to make sure the United States continues to set the pace in space -- both for our economy and our national security." Also at the SIA event, ITU Secretary-General Doreen Bogdan-Martin said the satellite industry "has a critical role to play" in closing the globe's digital divides and said the ITU "is here to support you as you take up this challenge." According to provided remarks, she said sustaining "the shared space environment — particularly the radio-frequency spectrum — has to be a top priority as we continue to push the limits of space innovation." In addition, she said the ITU is encouraging the satellite community to voluntarily share de-orbiting strategies and plans "to build awareness for safe physical coexistence in orbit."
The Alliance for Automotive Innovation urged the FCC to act on a 2021 5G Automotive Association petition (see 2106030075), asking the agency in a filing posted Tuesday in docket 19-138 to reduce by 20 dB the permitted level of unwanted emissions from the unlicensed services that share the 5.9 GHz band.
The FCC Wireless Bureau granted waivers of the 2.5 GHz tribal application window for five licenses sought by the Ho-Chunk Nation. “Our decision here is limited to the suitability of these specific trust, Tribally-owned fee, and allotment lands, excluding urban areas, to be licensed under the Tribal Window,” said a Tuesday order: “We make no determination as to the status … with respect to other Commission rules or programs, nor for any other purpose.” Bureau staff must still process the applications for the licenses. The window to apply closed in September 2020 (see 2007310066).
Etherstack urged the FCC to give FirstNet control of the 4.9 GHz band, noting that it’s well suited for 5G (see 2401190067). Part of the wider 4.4–5.0 GHz band was identified for international mobile telecommunications in several countries, and all of it is included in the 3rd Generation Partnership Project standard for 5G technologies, the software company said in a Monday filing in docket 07-100. 5G networks are deployed in the band in Japan, China and Hong Kong and private 5G in Japan, Taiwan and South Korea, Etherstack said. “There are plans/consultations for the use of this spectrum band in a range of countries including Brazil, India, Indonesia and Vietnam,” the company said: “Importantly, Australia has also recently designated the 4.9 GHz band as a public safety band which can be used for cellular technology.”