Howard Buskirk

FCC commissioners unanimously approved an NPRM on further changes to rules for the citizens broadband radio service band that Chairwoman Jessica Rosenworcel circulated two months ago. The Biden administration has focused on sharing models based on CBRS as part of its assessment of the future of spectrum. The agency posted the NPRM on Friday. Comment deadlines will come in a Federal Register notice.

As industry looks beyond the Biden administration (see 2408130062), the FCC could have some busy months ahead of it. A pair of commissioner meetings is scheduled before the November elections, with at least two more before the inauguration of the next president. While past commissions have focused on less controversial items ahead of a presidential contest, which likely won’t be the case this year, industry officials say. Vice President Kamala Harris has emerged as the slight front-runner for the presidency since President Joe Biden left the race based on most recent polls, although the election is expected to be tight.

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 objective of Consumers' Research was getting a case about the Universal Service Fund contribution methodology before the U.S. Supreme Court. That case resulted in the 5th U.S. Circuit Court of Appeals' recent 9-7 en banc decision that found the contribution factor is a "misbegotten tax," legal experts said during a Schools, Health & Libraries Broadband Coalition webinar Wednesday. The 5th Circuit remanded the contribution factor for Q1 2022 to the FCC for further work.

The U.S. Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo (see 2406280043) doesn’t foreclose the FCC's ability to act on net neutrality and other important public issues, Stephanie Joyce, senior vice president-chief of staff at the Computer & Communications Industry Association, said during a Broadband Breakfast webinar Wednesday.

Opponents of giving the FirstNet Authority effective control of the 4.9 GHz band, as promoted by AT&T and the Public Safety Spectrum Alliance (PSSA), have been at the FCC repeatedly in recent weeks, driven in part by rumors that Chairwoman Jessica Rosenworcel may support that plan. But industry officials say how the FCC will come down remains uncertain. With Commissioner Anna Gomez expected to recuse herself, because of work before she joined the commission, Rosenworcel will likely need support from at least one Republican commissioner.

Amateur radio operators are already making their opposition known to a proposal from NextNav that the FCC reconfigure the 902-928 MHz band “to enable a high-quality, terrestrial complement” to GPS for positioning, navigation and timing (PNT) services (see 2404160043). Comments are due Sept. 5, replies Sept. 20, on a public notice from the FCC, but amateurs have begun filing comments (docket 24-240), posting nearly 60 just in the past few days.

The FCC’s NPRM on AI and robocalls that commissioners approved Wednesday saw numerous changes from its draft version, beyond the addition of a notice of inquiry (see 2408070037). Incompas and the Cloud Communications Alliance asked the FCC to move parts to a NOI, citing the lack of specific proposals (see 2408050029). “The item itself is seemingly more of an investigation into the state of AI technologies rather than a series of specific proposals,” they said.

The FCC sought comment Friday on the future of the 37 GHz band, as expected (see 2407240039). Comments are due Sept. 9 in docket 24-243, per a public notice by the Wireless Bureau. The band is one of five teed up for further investigation in the administration’s national spectrum strategy, though unlike the lower 3 GHz and 7/8 GHz bands, carriers are not targeting it for licensed, exclusive use. The strategy identifies 37 GHz “as a band for further study ‘to implement a co-equal, shared-use framework allowing federal and non-federal users to deploy operations in the band,’” the public notice says. “We find that additional information on potential uses of the Lower 37 GHz band would be helpful in the preparation of the Lower 37 GHz Report,” it adds, noting that the current record is limited. While commenters predicted uses including fixed wireless, point-to-point links, IoT networks, device-to-device operations, augmented reality, smart cities, smart grids and private networks, “they have not provided much detail about implementation of these services in the band,” the FCC says. The notice requests “specific and updated information on the contemplated uses of the band, to include interdependencies of pairing spectrum bands with the Lower 37 GHz band.” The PN also asks about the “feasibility” of aeronautical mobile service operations in the band. “We anticipate that operations offered in the band initially will be point-to-point and point-to-multipoint operations, although other types of operations -- including mobile operations -- may develop later.” The PN asks about the design of a coordination mechanism. It notes that discussions among the FCC, NTIA and DOD are aimed at a two-step mechanism. “In the first phase, an interference contour would be drawn around each existing and potential site based on its technical parameters, including transmitter details such as location (latitude and longitude), equivalent isotropic radiated power, antenna height, and antenna azimuth angle,” the notice says: If the site’s contour doesn’t overlap with any existing registration, “coordination is successful, and registration of the new site may proceed. If there is overlap, there would be a second phase.”

The rise of Vice President Kamala Harris as the Democrats' presidential nominee should have few implications for FCC Chairwoman Jessica Rosenworcel, industry observers agree. If anything, Rosenworcel’s ties to Harris are likely stronger than they are to President Joe Biden, they said. Biden waited until October 2021, more than nine months after his inauguration, to designate Rosenworcel as the first woman to chair the agency on a permanent basis (see 2110260001).