Comments are due Sept. 16, replies Oct. 15, on a July NPRM from the FCC on broadband data collection rules. The FCC is seeking comment on proposed changes limiting publication of data on ‘‘grandfathered’’ services. The NPRM also proposes collecting "terrestrial fixed wireless spectrum authorization information, and additional certifications and supporting data from satellite broadband providers,” a Thursday notice in the Federal Register said. “We propose to amend our rules to permit filers to indicate that the service offered at a location is a grandfathered service only,” the NPRM says: “We also propose that information on the availability of these services would only be disclosed by the Commission on an aggregated, redacted or otherwise de-identified, differentiated or masked basis.” The section on fixed wireless notes that the commission has an obligation “to verify providers’ broadband availability data filed in the BDC.” In verifying broadband availability based on terrestrial fixed wireless service, “we must also ensure that the reported availability is authorized based upon applicable FCC spectrum licenses or other forms of authorizations (as reported by technology category code), as a claim of terrestrial fixed wireless service availability would be invalid if the service provider’s operations were unauthorized,” the notice says. Comments should be filed in dockets 19-195 and 11-10.
CTA advised that the FCC not require that registry operators in the cyber trust mark program meet Federal Information Security Modernization Act (FISMA) or comparable commercial standards. Representatives from CTA met with FCC Public Safety Bureau staff. “Certification to FISMA standards is a lengthy process and incurs a high cost to bring the entity into compliance and to earn certification,” CTA said in a filing Wednesday in docket 23-239. Adopting that standard, as the bureau suggests, “may prevent most or all prospective Lead Administrator and Cyber Label Administrator (CLA) candidates from participating,” the group said. In a June public notice, the bureau tentatively concluded that the FISMA requirements should “attach to the Lead Administrator and CLAs, who both collect and maintain information and operate information systems on behalf of the FCC” and sought comment on that conclusion. CTA also said program participants “need specific guidance on how manufacturers can use the Mark on certified products, including details like placement, border, colors and other ‘branding’ elements that are commonly associated with a protected mark.”
Representatives of Public Knowledge and New America’s Open Technology Institute met with aides to three of the FCC commissioners on Axon Enterprises' request for a waiver (see 2403080044), the future of the 4.9 GHz band and other items. “We noted that Axon’s proposed analog, always-on, fixed-channel and high-power surveillance technology would be unnecessarily disruptive to the public’s use of the U-NII-3 band, which remains the most heavily-trafficked Wi-Fi spectrum and almost certainly the most intensively-used frequency band nationwide,” the groups said. They opposed FirstNet control of the 4.9 GHz band: “No one has presented a single cogent argument why the Commission should abandon its 2023 decision to adopt a band-manager approach.” The groups met with aides to Commissioners Brendan Carr, Geoffrey Starks and Nathan Simington. The language in three filings posted Thursday in docket 07-100 and other dockets was substantially the same for each meeting. The two groups also reported that EchoStar joined them for a meeting with the Wireless Bureau and Office of Economics and Analytics staff about handset unlocking rules (see 2408090037). “The recently launched proceeding on handset unlocking will be an unequivocal win for consumers and competitive carriers if adopted,” said a filing in docket 24-186. They also discussed the lower 12 GHz band's future.
LG Electronics USA requested a waiver of FCC cellular vehicle-to-everything rules as the agency finalizes revised rules for the 5.9 GHz band (see 2407170042). The company said it’s prepared to deploy C-V2X on-board units “to improve roadway safety but cannot do so absent a waiver.” As interest from "public and private transportation stakeholders in C-V2X continues to grow, so does the importance of its accelerated deployment,” a filing Wednesday in docket 19-138 said: “Investing in and deploying C-V2X devices and services will not only advance public safety but also increase efficiency and comfort for consumers.”
AT&T advised the FCC that while it’s making progress curbing unwanted texts to its customers, political messages remain a significant consumer complaint. While political messages are only about 7% of AT&T messaging traffic, they’re responsible for 60% of complaints, the carrier said in a meeting with Consumer and Governmental Affairs Bureau staff. In April, “the #1, #2, #4, #6 and #7 most consumer complaints originated from just one Presidential candidate, and the top eleven [10-digit long code] phone numbers -- and 74 of the top 100 telephone numbers -- reported by AT&T’s own customers belonged to political texting” campaigns, a filing Wednesday in docket 21-402 said. The filing doesn’t identify the candidate and an AT&T spokesperson declined further comment. AT&T said it has become easier to use its technology on Apple and Android operating systems to make a complaint. With technological upgrades, the carrier “is blocking fewer texts” but sees “fewer suspicious texts forwarded to us by our customers.” AT&T said last year it blocked more than 9.3 billion spam and scam messages. CTIA in May launched a political texting website, which urges campaigns to use text messages “to reach voters in a responsible manner.” More than 80% of consumers “express frustration with receiving unsolicited political messages, and that feeling is growing even stronger with each election cycle -- up 20% from 2020,” CTIA said: “A recent survey also confirmed what consumers say every day -- spam is spam, whether it’s an unwanted text from a bank, a concert promoter, or a campaign.”
The FCC Wireline Bureau sought comment on claims from Arvig Enterprises and Rural Communications Holding that their enhanced alternative connect America cost model support offers were “incorrectly calculated” because Midcontinent Communications “was incorrectly classified as an unsubsidized competitor offering voice service.” Comments are due Sept. 13 in docket 10-90, a notice in Thursday’s Daily Digest said.
Representatives of the Coalition of Concerned Utilities met with FCC Wireline Bureau staff about the group’s stance on pole attachment rules. “We emphasized that pole owners, existing communications attachers, and new communications attachers all must act responsibly and collaboratively to promote the deployment of broadband service to unserved and underserved areas,” a filing posted Thursday in docket 17-84 said: “We discussed efforts by utility pole owners to accommodate the volume of new attachment requests, and the considerable workforce constraints to be overcome.”
FCC Chairwoman Jessica Rosenworcel visited Union Avenue Elementary School in Los Angeles “to celebrate and promote the FCC’s recent vote and adoption of mobile hotspot connectivity for students across the country,” a Thursday news release said. Accompanying Rosenworcel were Alberto Carvalho, superintendent of the Los Angeles Unified School District; Rep. Tony Cardenas, D-Calif.; Deputy Mayor Matt Hale; and other supporters of the order, approved 3-2 in July (see 2407180024). The visit came ahead of the Aug. 27 deadline for opposition to a petition for reconsideration of the order. Petitioners Maurine and Matthew Molak previously sued the FCC over its decision authorizing funding for Wi-Fi on school buses (see 2406260006). “Hotspot connectivity is the next step towards modernizing the E-Rate program to ensure students and library patrons have access to the connectivity needed for a 21st century quality education,” the FCC said.
A change in presidential administration doesn’t worry state broadband offices around the U.S., though stability in NTIA's broadband equity, access and deployment (BEAD) program would help, several directors from red, blue and purple states said. Since President Joe Biden stepped aside, a new president in 2025 is certain. Yet in interviews this month at the Mountain Connect conference in Denver, state leaders stressed that their goal of expanding high-speed internet to everyone will remain no matter who wins in November. A President Kamala Harris is seen as especially unlikely to change NTIA’s BEAD program in major ways, several said.
Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions.