Howard Buskirk

The ultimate makeup of the 6th U.S. Circuit Court of Appeals panel that hears the review of the FCC’s net neutrality order may not make much difference, some legal experts told us, in the wake of recent U.S. Supreme Court decisions. They doubted that the panel (docket 24-7000) will delve deeply into case law, instead simply deciding that going forward it's Congress, not the FCC, that must address any case that raises "major questions." Oral argument is scheduled for Oct. 31.

Progeny stressed in a progress report on the status of the construction and operation of its multilateration location and monitoring service licenses that its parent NextNav is seeking revisions to the rules for that spectrum. The changes “would enable highly accurate, widescale geolocation services, greatly enhancing the efficacy and utility of Progeny’s terrestrial position, navigation, and time (PNT) services as a complement and backup to the Global Positioning System,” said a filing Friday in docket 12-202. NextNav’s proposal for the 902-928 MHz band has proven controversial. Amateur radio operators have opposed NextNav’s request, making hundreds of filings ahead of a Thursday deadline for initial comments (see 2408120024). “The Commission’s action on the Petition will enable the deployment of a widescale terrestrial PNT complement and backup without the need for federal funding,” Progeny said. The Los Angeles County Metropolitan Transportation Authority also raised concerns. The authority’s licensed RFID devices “are tuned to different frequencies on a site-by-site basis to avoid interference with existing operators,” said a filing posted Friday: “If all existing licensed and unlicensed users of the lower 900 MHz frequencies are compressed into a significantly reduced portion of spectrum, Metro will face potential significant difficulties identifying frequencies that can be used for its transponder communications without being subject to interference moving forward.” The authority also questioned the lack of a guardband to protect its operations and NextNav's real-world testing. NextNav’s plans “call for higher-powered devices (two orders of magnitude more powerful) and significantly larger volumes of traffic than are currently in use on these frequencies” and the potential impact on Metro’s roadside antennas, readers and in-vehicle transponders “have not been properly evaluated,” the authority said. The band provides connections for “tens of millions” of smart-home and smart-building devices and industrial solutions, said Reliable Controls, which offers products that use the frequencies, including its EnOcean line. “The reallocation of this spectrum would potentially render these devices inoperative, potentially causing widespread disruption and resulting in billions of dollars in economic loss to schools, hospitals, government buildings, offices, companies, industry and individuals,” the company said.

Maurine and Matthew Molak filed a petition Thursday seeking review of a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024), in the 5th U.S. Circuit Court of Appeals. The Molaks previously sought reconsideration of the July order, which three public interest groups and T-Mobile opposed last week (see 2408280029).

The Rural Wireless Association expressed disappointment after the FCC released an order Thursday launching a multi-round reverse auction that will pay up to $9 billion to bring voice and 5G mobile broadband service to rural areas of the U.S. otherwise unlikely to see 5G deployments (see 2408290022). The Competitive Carriers Association also expressed concerns.

FCC commissioners released an order Thursday approving initial rules allowing drone use of the 5030-5091 MHz band (see 2303100028). Chairwoman Jessica Rosenworcel circulated the order in April for a commissioner vote (see 2404080065). The order permits operators of uncrewed aircraft systems (UAS) to obtain direct frequency assignments in a portion of the band for non-networked operations. The band is one of five targeted for further study in the national spectrum strategy (see 2403120056). The rules “rely on dynamic frequency management systems to manage and coordinate access to the spectrum and enable its safe and efficient use,” an FCC news release said: These systems “provide requesting operators with temporary frequency assignments to support UAS control link communications with a level of reliability suitable for operations in controlled airspace and other safety-critical circumstances.” Currently, operators “largely rely on unlicensed airwaves to communicate with and control” drones, Rosenworcel said in statement. “But the use of unlicensed spectrum leaves these aircraft more vulnerable to interference that could disrupt operations,” she said: The order, for the first time, allows UAS operators “to access dedicated spectrum for control operations in circumstances where safety is essential.” The FCC’s job isn’t finished, said Commissioner Geoffrey Starks. “We still need to address a number of remaining issues, including spectrum for networked UAS operations in the 5030-5091 MHz band to fully realize the promise and public interest benefits of UAS,” he said. The order was approved 5-0. None of the other commissioners released statements. “A revolution in aviation” is starting “and sufficient spectrum availability for UAS will be crucial to unleashing the vast transformational power of Advanced Air Mobility,” emailed AURA Network Systems CEO Bill Tolpegin. “Equally critical is that the spectrum used to support uncrewed flights is not only licensed and fully dedicated for aviation but also managed to guarantee coverage along flight routes.”

FCC Technological Advisory Council member Dale Hatfield raised concerns Thursday about whether the U.S. is on track to deliver reliable 5G networks within a timeframe and at a cost that reflects “the urgency and criticality” the situation. “Put another way,” he asked, what’s the “economic impact” of creating networks that are available 99.999% of the time? Hatfield said he took a deep dive into peer-reviewed and other “trusted literature” seeking answers, but came away empty-handed.

New, AI-driven technologies could offer an alternative to how spectrum sharing is done, experts said Wednesday during an RCR Wireless webinar. Panelists said AI could provide options to the citizens broadband radio service and increase dynamic sharing of government spectrum.

The Schools, Health & Libraries Broadband Coalition, joined by public interest groups, and T-Mobile opposed a petition at the FCC seeking reconsideration of last month’s 3-2 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). They were the only filers in docket 21-31 as of Wednesday. Tuesday was the deadline for oppositions. Maurine and Matthew Molak, who sued the agency over its decision that authorized funding Wi-Fi on school buses, are seeking reconsideration (see 2408020035). The FCC should dismiss the Molak petition “as it relies on arguments that have been fully considered and rejected by the Commission within the same proceeding,” said SHLB. The Open Technology Institute at New America and the Benton Institute for Broadband & Society joined SHLB. “Petitioners fail to identify any material error, omission, or reason warranting reconsideration of their arguments alleging the Commission’s lack of statutory authority,” the groups said. The petition “merely asserts its claims and does not raise any additional argument purporting that the Commission had either erred in its reasoning that the above-mentioned statutory provisions grant[ ] it legal authority, or that the Commission omitted or failed to consider certain facts or reasoning when making its determination.” Even before the COVID-19 pandemic, “a majority of students required the Internet to complete their homework every single day,” T-Mobile said. “Progress made in addressing the Homework Gap during the pandemic by local school districts that provided students with Wi-Fi hotspots is now in jeopardy, and so the Wi-Fi lending program contained in the Order is crucial to sustaining pandemic-era connectivity gains and connecting students.” The FCC order contains appropriate safeguards, T-Mobile said: “It requires applicants to maintain acceptable use policies that clearly state that off-premises use must be primarily for an educational purpose.” The Molaks, whose 16-year-old son died by suicide after he was cyberbullied, argued that the school bus ruling would give children and teenagers unsupervised social media access.

AT&T suffered a wireless outage Tuesday night that apparently started in the Southeast and spread throughout the U.S., based on social media and other reports. A software issue caused the outage, which was resolved, AT&T said Wednesday. The FCC is investigating, a spokesperson emailed.

The FCC approved an order establishing a multi-round reverse auction to pay out up to $9 billion to bring voice and 5G mobile broadband service to rural areas of the U.S. otherwise unlikely to see 5G. The vote was 4-1, with a dissent by Commissioner Brendan Carr. The commission plans a public notice to announce the start date of the auction. It also released a Further NPRM on related tribal issues.