FCC

Local Governments Urge FCC to Stay Order on Deployment Barriers

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The National League of Cities, the U.S. Conference of Mayors, the National Association of Counties, the National Association of Telecommunications Officers and Advisors, and the National Association of Regional Councils, the National Association of Towns and Townships, and more than 60 state and regional level municipal associations and individual cities, towns, and counties have asked the FCC to stay the third report and order the FCC adopted in August in its proceeding on removing barriers to broadband infrastructure investment, which, they noted, is due to take effect Jan. 14, 2019.

The local government interests object to the order’s restrictions on what they can charge for use of their right-of-way, its adoption of a federal standard regarding the aesthetics of wireless infrastructure, and its redefinition of what constitutes an “effective prohibition” of deployment, which the Communications Act authorizes the FCC to preempt.

With regard to the interpretation of the phrase “effective prohibition” as used in sections 253 and 332 of the Communications Act, the order adopted in August in WT docket 17-79 and WC docket 17-84 “explicitly rejects the ‘significant gap’ and ‘least intrusive alternative’ tests that had been adopted and applied (with small variations) by almost every U.S. Circuit Court of Appeals, and incorporated into local ordinances over the last 20 years. The Order, in contravention of a key holding in [the Supreme Court’s 2005 decision in] ‘National Cable & Telecommunications Ass’n v. Brand X Internet Services,’ also rejects the ‘plain language’ interpretations of those sections adopted by the Eighth and Ninth Circuits, both of which found that an effective prohibition requires the litigant to prove that a challenged action actually prohibits provision of a protected service. The Commission instead adopted a standard that presumes a prohibition where costs of deployment are increased (on the theory that providers might offer additional services if they were richer); and that concludes that service is ‘prohibited’ if an entity is prevented from ‘improving’ service,” the local government parties said. Continue reading →

ITS America Stresses Need for Additional 5.9 GHz Band Testing

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ITS America is stressing the need for additional 5.9 gigahertz band testing in the wake of an FCC report released yesterday that concluded that prototype unlicensed devices were able to detect dedicated short-range communications (DSRC) signals in testing in the FCC’s lab (TR Daily, Oct. 29).

The testing was done in the first of three planned phases. The second two phases, which have not begun yet, are scheduled to be done in the field.

ITS America President and Chief Executive Officer Shailen Bhatt said, “New and developing vehicle to everything (V2X) technology that depends on the 5.9 GHz spectrum band is allowing us to finally address the scourge of lives lost and ruined on our nation’s roads. Three years ago, Congress asked the FCC to conduct an open and transparent testing process to determine how to share the spectrum. The Intelligent Transportation Society of America (ITS America) is pleased the FCC has released initial results, but it must complete all testing – including phases in which connected vehicles perform in real-world environments – before taking action that could potentially jeopardize safety.”

The Alliance of Automobile Manufacturers said it is still reviewing the report. “We appreciate that the FCC has released the report which is long awaited and we’re committed to working with NHTSA, the FCC, and other stakeholders in preserving the DSRC Spectrum for ITS applications (safety of life) as well as developing means to maximize the public good to be derived from this Spectrum,” said Wade Newton, a spokesman for the group.

Meanwhile, the Wireless Internet Service Providers Association said in an ex parte filing in ET docket 13-49 that it supports NCTA’s recent call (TR Daily, Oct. 16) for the FCC to adopt a further notice of proposed rulemaking in the 5.9 GHz band proceeding or to otherwise seek to refresh the record. “To realize these benefits, it is important for the Commission to re-start the process by adopting a Further Notice of Proposed Rulemaking or a Public Notice seeking comments to refresh the record,” WISPA said. “In so doing, the Commission should not propose technical rules that would foreclose consideration of higher-EIRP operations similar to those used in the adjacent 5 GHz band and that will enable use of the 5.9 GHz band for rural broadband deployment. The long record of effective sharing among unlicensed devices in the 5 GHz and other unlicensed bands illustrates the ability of unlicensed devices of all types to co-exist.”- Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily

 

 

AT&T, Puerto Rico Telephone Challenge FCC Small Cell Order

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AT&T, Inc., and Puerto Rico Telephone Company (PRTC) are the latest entities to file petitions for review of the small cell order adopted by the FCC last month (TR Daily, Sept 26).

The declaratory ruling and third report and order bars states and localities from adopting rules that prohibit the deployment of wireless infrastructure, imposes limits on the fees that municipalities can charge for reviewing small cell deployments, sets shot clocks for acting on small cell applications, and provides guidance on when non-fee requirements such as aesthetic and undergrounding requirements may amount to an effective prohibition on service. But the FCC declined to adopt a deemed granted remedy when a locality fails to act on an application within a certain period of time.

Although the wireless industry generally supported the item, AT&T, Sprint Corp., and PRTC are challenging it because the FCC did not adopt the deemed granted remedy. More than two dozen Western localities and municipal groups have also filed petitions for review more broadly challenging the FCC item (TR Daily, Oct. 24 and 26).

“In the Order, the Commission, among other things and without prejudice to other claims, refused to adopt a ‘deemed granted’ remedy for instances when a state or local government entity fails to act on a request for authorization to place, construct, or modify personal wireless services facilities within a reasonable period of time after the request is filed, contrary to 47 U.S.C. § 332(c)(7)(B),” AT&T noted in its petition for review (case no. 18-1294), which was filed in the U.S. Court of Appeals for the District of Columbia Circuit. “AT&T is affected by the determinations in the Order because delays on requests for authorization to construct postpone deployment of wireless facilities. AT&T is thus aggrieved by the Order and has standing to challenge it. AT&T seeks review of the Order on the grounds that it is arbitrary, capricious, inadequately reasoned, or otherwise contrary to law. AT&T requests that this Court hold unlawful, vacate, enjoin, and set aside the Order, and that it provide such additional relief as may be appropriate.”

“While we remain largely supportive of the FCC’s wireless infrastructure order, the omission of a deemed granted remedy for failure to meet the shot clock runs counter to the Commission’s efforts to encourage investment in critical broadband facilities,” an AT&T spokesperson said.

“Despite substantial evidence in the record supporting the need for the Commission to adopt a ‘deemed granted’ remedy when authorities subject applications for wireless infrastructure siting to unreasonable delays or effective prohibitions, the Commission declined to adopt such a remedy,” PRTC (d/b/a Claro) noted in its petition for review (case no. 18-2063), which was filed in the U.S. Court of Appeals for the First Circuit  (Boston).  “PRTC seeks relief on the grounds that the Commission’s decision not to adopt a ‘deemed granted’ remedy is (1) arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act, 5 U.S.C. § 701 et seq.; (2) inconsistent with sections 253 and 332 of the Communications Act, 47 U.S.C. §§ 253, 332; and (3) otherwise contrary to law. Accordingly, PRTC respectfully requests that this Court remand the relevant portion of the Order to the Commission, without vacatur, and with instructions for the Commission to adopt a ‘deemed granted’ remedy as soon as is practicable.”- Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily

Andy Seybold’s Public Safety Advocate, October 25, 2018

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NG9-1-1, FirstNet, and LMR.  In early November, I will be at the International Wireless Communications Expo (IWCE) Critical Communications Conference in Chicago. On the second day, I will be moderating a panel entitled, “LTE’s Interoperability with LMR and 911.” All the panelists are subject-matter experts so I have an easy job as moderator. Preparing for this panel started me thinking about what should be the true goal of an end-to-end public safety communications system. Once Next-Generation 9-1-1 has been widely implemented and the Public Safety Answering Points (PSAPs) and dispatch centers have been upgraded, the result should be a near-flawless system from the time a citizen calls 9-1-1 to the last unit on the scene being released and the paperwork completed.

PSAPs or 9-1-1 centers today, in most places, are still voice-centric in nature. The goal of NG9-1-1 is to modernize their capabilities to include incoming text messages, pictures, and videos. These can then be processed, and if needed, sent on to the responding units over FirstNet so those responding will have a better understanding of the incident and/or any vehicles or people fleeing the scene. Unfortunately, NG9-1-1 is the last piece of the puzzle for several reasons. First, many states have and continue to “re-appropriate” funds earmarked for 9-1-1 from all of our phone bills, and when Congress passed the bill that created FirstNet and allocated $7 billion for the initial costs of FirstNet, it only allocated $115 million for NG9-1-1, which is not enough to ensure NG9-1-1 upgrades for all PSAPs and dispatch centers.
Read the Entire Post Here Continue reading →

Pai Announces Appointments to Tribal Task Force

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FCC Chairman Ajit Pai today announced the appointment of 19 tribal members and eight FCC representatives to the agency’s renewed Native Nations Communications Task Force.  Mr. Pai named Matthew Duchesne, chief of the FCC’s Office of Native Affairs and Policy, as co-chair of the task force. Tribal members will elect a tribal co-chair. “The Commission is excited to announce the members of the Native Nations Communications Task Force,” said Consumer and Governmental Affairs Bureau Chief Patrick Webre. “The Task Force will continue the work of helping the Commission design and implement policies to close the digital divide.

Too often, Tribal Nations are on the wrong side of that divide, and we look forward to receiving the Task Force’s ideas for fostering more and better communications infrastructure and services on Tribal lands. The Task Force will be an important element of our commitment to work with Tribes on a government-to-government basis to address issues of mutual interest.”

Courtesy TRDaily

 

FCC Releases 6 GHz NPRM

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Comments on a 6 gigahertz band notice of proposed rulemaking adopted by the FCC yesterday (TR Daily, Oct. 23) are due 60 days after “Federal Register” publication and replies are due 30 days after that in ET docket 18-295 and GN docket 17-183. The item was released this afternoon.

Courtesy TRDaily

Auto Alliance Worried About Ligado Network

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The Alliance of Automobile Manufacturers said in an ex parte filing that it is concerned about the proposal of Ligado Networks LLC “to reallocate satellite spectrum near Global Positioning System (‘GPS’) signals.  The proposal seeks to accommodate the addition of an ancillary terrestrial component (‘ATC’) which could pose a significant risk of harmful interference to current and future critical transportation safety applications that utilize GPS signals. GPS is a critical technology for many current and future vehicle safety systems, including both Advanced Driver Assist Systems (‘ADAS’) and Automated Driving Systems (‘ADS’).  The availability and accuracy of GPS offers increased safety for vehicles and other road users traveling on our nation’s roadways”.

“Many of today’s vehicles are equipped with ADAS safety features or other systems that rely on precise GPS signals for position, navigation, in-vehicle security, remote diagnostics, emergency services and other applications.  Ligado’s proposal could jeopardize the ability of GPS receivers to obtain an accurate signal, thereby putting such vehicle safety systems at risk.”  In the submission filed yesterday and posted today in IB dockets 12-340 and 11-109, the alliance urged the FCC “to deny Ligado’s pending license modification as proposed, until testing and data validates that transportation safety applications will be protected from harmful interference.”

Courtesy TRDaily

DSRC Advocates Stress Importance of 5.9 GHz Band

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Advocates for dedicated short-range communications (DSRC) technology today reiterated their call for the FCC to ensure that transportation safety applications are protected from interference in the 5.9 gigahertz band if the agency permits sharing with Wi-Fi devices.

“Our members are actively developing technologies, and own and operate critical highway and other transportation infrastructure that connects vehicles to vehicles, to other road users, and to their environment to help reduce crashes. Connected vehicle and infrastructure technology includes vehicle communication with bicyclists, pedestrians, traffic lights, and advanced alerts of hazards like ice on roadways, commonly known as vehicle-to-everything (V2X). Additionally, they can enhance automated driving systems, which hold the promise to provide numerous economic, environmental, and societal benefits, such as decreased congestion and fuel consumption, and increased access for the elderly and disabled,” the Alliance of Automobile Manufacturers, the Association of Global Automakers, the Intelligent Transportation Society of America, the 5G Automotive Association, and the American Association of State Highway and Transportation Officials said in a joint statement. Continue reading →

Localities File Legal Challenges to FCC’s Small Cell Item

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Legal challenges were filed today on behalf of more than two dozen Western localities and municipal groups to the small cell declaratory ruling and third report and order adopted last month over the partial dissent of Commissioner Jessica Rosenworcel (TR Daily, Sept. 26).

The item bars states and localities from adopting rules that prohibit the deployment of wireless infrastructure, imposes limits on the fees that municipalities can charge for reviewing small cell deployments, sets shot clocks for acting on small cell applications, and provides guidance on when non-fee requirements such as aesthetic and undergrounding requirements may amount to an effective prohibition on service.

The item drew praise from the wireless industry, which says it will help the U.S. lead the world in 5G deployment, but widespread criticism from groups representing states and localities and numerous localities themselves.

“The Ruling exceeds the FCC’s statutory authority; is arbitrary and capricious and an abuse of discretion; and is otherwise contrary to law, including the Constitution of the United States,” said a petition for review (“City of San Jose, et al. v. USA, et al.”; no 18-72883) filed today in the U.S. Court of Appeals for the Ninth Circuit (San Francisco) on behalf of 20 localities in California, Washington, Nevada, Arizona, and Oregon. “The Petitioners respectfully request that this Court hold unlawful, vacate, enjoin, and set aside the Declaratory Ruling; and grant such other relief as it may deem appropriate.” Continue reading →

FCC Proposes Freeing Up Unlicensed Spectrum in 6 GHz Band

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The FCC unanimously adopted a notice of proposed rulemaking today proposing to free up as much as 1,200 megahertz of spectrum in the 6 gigahertz band for unlicensed use. The spectrum under consideration in the item is in the 5.925-7.125 GHz band.

“The proposed rules are designed to allow unlicensed devices to operate in the 6 GHz band without interfering with the operation of the licensed services that will continue to use this spectrum.  In those portions of the 6 GHz band that are heavily used by point-to-point microwave links [5.925-6.425 GHz and 6.525-6.875 GHz], the Commission proposes to allow unlicensed devices to operate where permitted by an automated frequency coordination system and invites comment as to whether this is necessary for devices operated only indoors,” the agency said in a news release on the item, which was adopted in ET dockets 18-295 and GN docket 17-183. “In the other portions of the band [6.425-6.525 GHz and 6.875-7.125 GHz] where licensed mobile services, such as the Broadcast Auxiliary Service and Cable Television Relay Service, operate, the unlicensed devices would be restricted to indoor operations at lower power. These proposed rules will allow a valuable spectrum resource to be more intensively used to benefit consumers while allowing the existing licensed uses of the 6 GHz band to continue uninterrupted.

The Commission last year adopted a notice of inquiry in its mid-band proceeding that included spectrum in the 3.7-4.2 GHz and 6 GHz bands (TR Daily, Aug. 3, 2017). A number of incumbents expressed concern that use of the 6 GHz band by unlicensed devices would cause interference to their operations. Some reiterated those concerns today.

“From Wi-Fi routers to connected home appliances to retro cordless phones for those of us who still have landlines, we use devices that connect via unlicensed spectrum every day.  Indeed, they’ve become so popular that there is now a shortage of airwaves dedicated for their use,” FCC Chairman Ajit Pai said.

“So today, we address this problem by proposing to open up 1,200 megahertz of spectrum in the 6 GHz band for different types of unlicensed uses.  And we seek to do so in a way that will protect incumbent licensed operations in the band,” he added. “This decision will help us meet the mandate set forth in RAY BAUM’S Act to make more spectrum available for unlicensed use.  It is also part of our aggressive and balanced spectrum strategy: pushing more licensed and unlicensed spectrum into the commercial marketplace and including a mix of low-band, mid-band, and high-band spectrum.  And with the massive amount of wireless traffic that is off-loaded to Wi-Fi, opening up this wide swath of spectrum for unlicensed use could be a big boost to our nation’s 5G future.” Continue reading →