Howard Buskirk

A case before the U.S. Supreme Court, Consumers' Research, et al. v. Consumer Product Safety Commission, potentially has major implications for the FCC and FTC, and could permit a president to fire a commissioner at will, industry lawyers said. The U.S. Chamber of Commerce and other conservative groups are asking SCOTUS in amicus filings to grant the writ of certiorari from Consumers' Research.

CTIA Thursday marked the 30th anniversary of the FCC’s first spectrum auction by calling on Congress to restore the agency’s lapsed general auction authority. “For the past three decades, this Nobel-prize winning innovation has become increasingly key to America’s economic competitiveness and innovation leadership,” CTIA President Meredith Baker said. The anniversary is “an important reminder of the critical role that auctions play, and we call on policymakers to restore auction authority with a spectrum pipeline so that we can secure the benefits of wireless leadership for all Americans,” she said. CTIA also released the opening video of what it said will be a series of remembrances about auctions and the early days of the wireless industry. “The essential asset of wireless communications is spectrum,” former FCC Chair Tom Wheeler said in the first video. Wheeler noted that he became involved in wireless as part of a group of investors that won spectrum licenses in one of the lotteries that predated auctions, “the FCC’s dumbest way of allocating spectrum.” His group’s pingpong balls were picked “and suddenly I was in the wireless industry.” Licenses were also assigned through “beauty contests,” where companies made the case at the FCC on why they needed spectrum in a given area, he said. “That may have solved the instant problem, but it certainly didn’t facilitate how do you then have a concerted effort to deliver the important services,” Wheeler said: “It was widely understood that the … system was flawed.” Tom Sugrue, former head of the D.C. office for T-Mobile, said licenses' value increased rapidly “as people began to appreciate what mobile technology was worth.” But the “tools the FCC had to assign those licenses were becoming increasingly, obviously deficient.”

The citizens broadband radio service band has shown that spectrum can be shared without interfering with government users, in particular the naval radars that use the band, Richard Bernhardt, Wireless ISP Association vice president-spectrum and industry, said Thursday. Recent changes approved by the FCC, working with DOD and NTIA (see 2406120027), will make the band much more usable, he said during a WISPA webinar on “CBRS 2.0.” The rule changes take effect Friday.

AT&T CEO John Stankey on Wednesday criticized the Biden administration’s work on making more spectrum available for wireless carriers. During the carrier's release of Q2 results, Stankey apologized for the February AT&T wireless outage, the topic of an FCC report this week (see 2407220034).

The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.

Consumer and public interest advocates opposed a push in the 11th U.S. Circuit Appeals Court by a group representing lead generators and their clients aimed at overturning the FCC’s Dec. 18 robocall and robotext order. The order was approved 4-1, with Commissioner Nathan Simington dissenting. It clamps down on the lead generator (LG) loophole (see 231208004) and will become effective in January unless the court intervenes.

Verizon lost 410,000 prepaid wireless customers tied to the end of the affordable connectivity program in Q2, the company said Monday as it became the first major wireless carrier to report earnings since the impact of ACP's demise could be measured. Overall prepaid customer losses were 624,000. But Verizon also gained a net 148,000 postpaid customers, which beat expectations. Revenue of $32.8 billion just missed consensus estimates. Though most numbers were positive, Verizon was down 6.08% to $39.09 for the day.

The FCC Public Safety Bureau's report on the Feb. 22 nationwide outage of AT&T’s wireless network (see 2403040062) found procedural mistakes by the carrier. Released Monday, the report said the Enforcement Bureau could impose sanctions. Based on information from AT&T, the report said “all voice and 5G data services for all users of AT&T Mobility were unavailable as a result of the outage, affecting more than 125 million registered devices, blocking more than 92 million voice calls, and preventing more than 25,000 calls” to 911. The direct cause was “an error by an employee who misconfigured a single network element, ultimately causing the AT&T Mobility network to respond by entering Protection Mode and disconnecting all wireless devices,” the bureau said: “Adequate peer review should have prevented the network change from being approved, and, in turn, from being loaded onto the network. This peer review did not take place.” The report cited a lack of post-installation testing, inadequate lab testing and “insufficient safeguards and controls” on AT&T's part, as well as insufficient procedures for mitigating problems. It noted the company has “taken numerous steps to prevent a reoccurrence.” For instance, within two days of the outage, “AT&T implemented additional technical controls in its network,” the report found: “This included scanning the network for any network elements lacking the controls that would have prevented the outage, and promptly putting those controls in place. AT&T has engaged in ongoing forensic work and implemented additional enhancements to promote network robustness and resilience.” AT&T has "implemented changes to prevent what happened in February from occurring again," a spokesperson emailed: "We fell short of the standards that we hold ourselves to, and we regret that we failed to meet the expectations of our customers and the public safety community.”

Questions remain about a proposed order on cellular vehicle-to-everything use of the 5.9 GHz band that FCC Chairwoman Jessica Rosenworcel circulated for a vote last week (see 2407170042). The Wi-Fi Alliance asked that the agency also address Wi-Fi in the band. The FCC rewrote rules for the band in 2020, allocating 45 MHz for Wi-Fi and 30 MHz for C-V2X technology (see 2011180043).

The FCC appeared to make only limited changes to an NPRM proposing industry-wide handset unlocking rules that commissioners approved 5-0 Thursday. The agency posted the NPRM Friday. The biggest change came in a paragraph on exceptions to the 60-day locking period that Commissioner Brendan Carr requested, as indicated Thursday (see 2407180037). “Should the rule permit any other exceptions to deter fraud including instances where individuals or groups illegally obtain devices and resell them to the public (i.e. handset trafficking)?” the notice now says: “For example, should lost or stolen phones also fall under an exception to the 60-day unlocking requirement?” The final order also notes concerns that Tango Networks and CS Hawthorn raised (see 2407160048). Only Chairwoman Jessica Rosenworcel and Commissioners Geoffrey Starks and Anna Gomez issued written statements attached to the NPRM. Comment deadlines will be set in an upcoming Federal Register notice.