The FCC needs to go slow as it finalizes rules for the 3.5 GHz shared-use spectrum band, balancing “implementation of this new sharing model and incentives to invest in the technology necessary to make it work,” AT&T Assistant Vice President Federal Regulatory Stacey Black said Thursday in an AT&T blog post. Under the FCC’s proposal Priority Access Licensees (PAL) would share the spectrum with General Authorized Access (GAA) users, similar to unlicensed use, he said (http://bit.ly/1jz8BEw). AT&T recommends a “transitional, phased-in, interim approach,” dividing the spectrum into PAL-only shared use and GAA-only sub-bands, he said. “This will allow PAL and GAA service providers to develop their products for initial deployment in a familiar environment, such as in our case, licensed geographic areas with a five-year license term and a renewal expectancy coupled to build-out requirements,” Black said. “Having separate PAL and GAA sub-bands would provide immediate access for deployment without any fear of interference and 100 percent of the attention can be focused on preventing interference to/from the federal incumbent users.”

Blue Wireless called on the FCC to approve its previous application to serve as an eligible telecommunications carrier for New York state. “The requested ETC designation will promote the public interest by providing eligible low-income consumers a choice of a significant new facilities-based competitor in the marketplace for Lifeline services,” Blue said in a filing at the FCC (http://bit.ly/ReBE4T). “Blue Wireless’s entry into the Lifeline market will create competitive pressure on all Lifeline providers, resulting in a higher level of service quality, more competitive pricing and advantageous service options for Lifeline service for eligible consumers in New York.”

Sprint joined the 4G Americas Board of Governors, the group said Wednesday. AT&T and T-Mobile US are already represented on the board, which advocates for “the advancement and full capabilities of LTE and LTE-Advanced technologies” in the Americas, the group said.

The FCC sought comment Wednesday on Verizon’s proposed buy of seven personal communication service (PCS) licenses for Hawaii from Coral Wireless. “Coral would lease back spectrum from Verizon Wireless for up to 12 months after consummation of the proposed transaction, the Applicants say, for purposes of avoiding service interruptions to Coral’s customers,” said an agency public notice (http://bit.ly/1o77cYW). “The Applicants assert that, as a result of this transaction, Verizon Wireless would gain additional spectrum capacity that would help address growing customer demand for broadband and other wireless services in Hawaii.” Petitions to deny are due June 4, oppositions June 16, replies June 23.

The FCC asked for comment on Cincinnati Bell’s proposed sale of its spectrum licenses in a complex deal involving Grain and Verizon. The transaction covers six AWS-1 licenses, two personal communications service (PCS) licenses and a single 700 MHz A-block license. The licenses would be sold to Grain, which would then transfer or lease the spectrum to Verizon. Grain in turn would pick up an AWS-1 license from Verizon. “According to the Applicants, these proposed license assignments and long-term spectrum leasing arrangements follow the decision by Cincinnati Bell Wireless to exit the wireless marketplace,” the FCC said in a Wednesday public notice (http://bit.ly/1mZtJVJ). “According to the Applicants, the proposed transaction would allow Verizon Wireless to obtain additional spectrum capacity to meet growing customer demand for wireless broadband services and allow for contiguous spectrum both in larger blocks and more aligned with spectrum it holds in adjacent markets.” Last month, Cincinnati Bell unveiled plans to sell off its spectrum licenses as it exits the wireless business for $210 million (http://bit.ly/1lRqMDL). Petitions to deny are due June 20, oppositions June 30 and replies July 8, under the pleading cycle established.

AT&T has done some 60 spectrum deals in recent years and is in good shape headed into the AWS-3 and TV incentive auctions, Chief Financial Officer John Stephens said Wednesday at a J.P. Morgan financial conference. But he also sounded bullish on AT&T participation in both major auctions (CD May 16 p5). “We certainly look forward to participating not only in the AWS-3 but in the broadcast spectrum [auction],” Stephens said. “The really critical observation for us is that we believe that auctions will be competitive and we believe the strong balance sheet, particularly in our industry … is going to be real competitive advantage in that bidding process.”

SureCall said the FCC certified two of the company’s most popular industrial in-building cell signal boosters as meeting the agency’s new standards. The devices are the Force5 Industrial and the DualForce Industrial boosters. Each covers up to 80,000 square feet of space.

Verizon said the FCC shouldn’t now move forward on rules that would allow voice calls on commercial flights. “There are interference concerns that merit further study before any system permitting the operation of mobile devices during flight, known as an ‘Airborne Access System,’ is allowed to operate in U.S. airspace,” Verizon said (http://bit.ly/1k322e5). Replies to the commission’s “Expanding Access to Mobile Wireless Services Onboard Aircraft” rulemaking were due May 16 and posted by the agency Tuesday in docket 13-301.

A U.S. District Court judge in Chicago rejected claims that the four national wireless carriers, aided by CTIA, conspired to fix the price of pay-per-use (PPU) text messages -- the rate subscribers without a bundled plan pay for individual texts. Judge Matthew Kennelly tossed out a class-action lawsuit brought against AT&T, Sprint, T-Mobile and Verizon. “Plaintiffs allege a conspiracy in which T-Mobile, Sprint, AT&T, and Verizon agreed to coordinate their PPU … pricing -- first at ten cents, then at fifteen, and finally at twenty -- from 2005 to 2008,” Kennelly wrote. “Plaintiffs allege that high-level officers of the carriers devised the increases in concert, using CTIA meetings as a venue for their discussions, and concocted sham internal analyses to justify the pricing moves. Plaintiffs also present economic evidence to the effect that the structure of the wireless industry, and the carriers’ position in it, provided an incentive for the carriers to collude.” After reviewing the evidence, Kennelly rejected the arguments and granted the carriers summary judgment.

The FCC cited Panasystem for allegedly importing and marketing counterfeit smartphones marked with unauthorized or invalid labels falsely indicating they were certified by the agency. The Enforcement Bureau ordered the online electronics retailer to immediately stop importing and marketing the uncertified devices or face monetary penalties, said an agency news release Tuesday (http://fcc.us/1k2C22g). It said an investigation identified the smartphones imported by Panasystem as counterfeit Samsung “Galaxy S Duos” and “Galaxy Ace.” Although the devices were labeled with seemingly valid Samsung FCC identifiers, the investigation allegedly showed Samsung neither manufactured the devices nor authorized the FCC identifier labels. The investigation allegedly found Panasystem imported counterfeit BlackBerry model 9790 devices labeled with invalid FCC identifiers, which rendered them illegal for sale in the U.S. By law, smartphones must be certified in accordance with FCC technical standards before they can be marketed in the U.S. Certified smartphones are labeled with a unique FCC identifier that can’t be placed on devices without commission authorization. Panasystem must “take immediate steps to come into compliance and discontinue the importation and marketing of uncertified radio frequency devices,” said a bureau citation (http://fcc.us/1obuuKO). It said if Panasystem continues to import and market uncertified devices, it may be subject to penalties of up to $16,000 for each model per day for each violation, up to $122,500 for any single act or failure to act, and eventually seizures and criminal charges. The company declined to comment.