Howard Buskirk

The FCC released the Further NPRM added to an order on a voluntary cyber trust mark program that commissioners approved 5-0 last week (see 2403140034). The final order includes numerous other tweaks to the draft, addressing security and excluding motor vehicles and related equipment. The order and FNPRM were posted in Monday’s “Daily Digest.”

Carriers need more spectrum and the 24 GHz band is important to deploying 5G, CTIA said in reply comments on a December NPRM examining changes to the rules. CTIA and other wireless industry commenters said the FCC should harmonize rules with decisions made during the World Radiocommunication Conference in 2019 but go no further.

FCC commissioners appeared to make limited changes to the supplemental coverage from space (SCS) framework, approved 5-0 Thursday (see 2403140050). Officials said there were “changes to the margins” but no major revisions. The FCC posted the final order and Further NPRM Friday. The order addresses concerns raised in recent ex parte filings. For example, an added paragraph dismisses concerns of T-Mobile and SpaceX that an aggregate out-of-band power flux density limit of -120 dBW/m²/MHz is too strict (see 2403060055). The companies asked the FCC to instead take additional comment. The proposed limit “strikes the appropriate balance and will provide clarity for stakeholders interested in enabling SCS while protecting adjacent terrestrial operations,” the order says. AT&T suggests that “[r]ather than drawing a bright line at this stage, the Commission should not prohibit SCS service from satisfying wireless buildout requirements, so long as the Commission evaluates SCS service performance on a case-by-case basis,” the order says, addressing another recent filing: “We reiterate that we do not believe that it is appropriate to allow a terrestrial licensee to rely on SCS provided by its satellite operator partners/lessees to satisfy the terrestrial licensee’s buildout or performance requirements at this time.” Among other tweaks, the final order says the FCC declines to add the 1.4 GHz band to the SCS bands “at this time,” leaving open the possibility for change. The further notice was largely the same as that proposed by Chairwoman Jessica Rosenworcel. She and Commissioners Geoffrey Starks and Anna Gomez attached written statements.

FCC commissioners approved 5-0 a voluntary cyber trust mark program based on National Institute of Standards and Technology criteria during their open meeting Thursday. As expected, commissioners noted changes in the item since a draft circulated three weeks ago (see 2403130047). Also, as expected, the FCC will ask additional questions in a further notice about software and hardware from countries of national security concern and whether data from U.S. citizens will be stored abroad. The FCC was under pressure to make changes.

The Advisory Council for Historic Preservation (ACHP) Thursday released an update to its 2017 program comment, aimed at speeding the approval of 5G and other deployments under Section 106 of the National Historic Preservation Act (NHPA). The agreement wraps in changes including those in the FCC’s 2020 order addressing equipment compound expansions as part of collocation (see 2010270043), industry officials said, noting it's largely an extension of prior decisions. The program comment also now applies to every federal agency, a change from the 2017 document. “The purpose of the amendment is to assist federal agencies in efficiently permitting and approving the deployment of wired and wireless next generation technologies of communications infrastructure, including 5G, to connect all communities with reliable, high-speed Internet,” the revised program comment says: “The Program Comment provides an alternative way for federal agencies to comply with Section 106 to take into account the effects of undertakings under its scope on historic properties and afford the ACHP a reasonable opportunity to comment on them.” ACHP notes the document comes as companies start to deploy broadband using $65 billion provided under the 2021 Infrastructure Investment and Jobs Act and was updated at the request of the NTIA. “All wireless deployments start with a permitting application, but too often our enhanced connectivity goals are quickly ensnared in red tape,” emailed Wireless Infrastructure Association President Patrick Halley. By amending the comment “to apply across the federal ecosystem, these agencies have taken a critical step today for increasing predictability in federal broadband permitting,” he said. The collaborative effort is “the kind of action we need to hasten broadband deployment by ensuring our permitting policies are more predictable, proportionate, and transparent across the board,” Halley said. “It’s crucial to speed up the permitting process and lower barriers to broadband buildout, especially as more federal deployment funding dollars start to flow,” said USTelecom President Jonathan Spalter.

Industry officials expect changes in the cyber trust mark rules, set for a vote Thursday, though the extent is still evolving, said lawyers in the proceeding. One wildcard is whether the FCC will attach a further notice, asking questions about issues including the country of origin of security updates under the program. The item is expected to be approved 5-0, with Commissioner Nathan Simington getting some edits to reflect his initial concerns, officials said.

Quantum computing is coming and providers should get ready now, experts said during a Broadband Breakfast webinar Wednesday. Quantum is “the technology arms race of our time and he who cracks the quantum computer” and quantum communications “is going to rule the world,” said Ryan Lafler, president and chief technology officer at tech company Quantum Corridor.

NTIA Tuesday released its implementation plan for the national spectrum strategy. Under the plan, studies for the 3.1-3.45 GHz and 7/8 GHz bands, top priorities of wireless carriers, will begin this month and be completed in October 2026 (see 2403120006). FCC Commissioner Brendan Carr criticized the plan, saying in “the best case” the lower 3 and 7/8 GHz bands won’t be available until 2028. Others had a more positive take.

Replies to a December FCC NPRM on implementing a 100% hearing-aid compatibility (HAC) requirement for wireless handset models largely tracked initial comments (see 2402270066). Replies were posted this week in docket 23-388. The Mobile & Wireless Forum called on the FCC to adopt the HAC Task Force’s recommendations contained in a December 2022 report (see 2212160063). “The work of the Task Force -- which was operating at the behest of the FCC -- reflects the hard-fought consensus reached among the stakeholders and should be respected,” the forum said: “FCC should adhere to the consensus reached by the Task Force wherever possible.” CTIA saw broad agreement in support of the task force report. The record confirms the importance of including “modern and mainstream Bluetooth technology as part of the deployment benchmarks to achieve 100% HAC,” CTIA said. Commenters also agree that “consistent with past practice and to prevent consumer confusion” the FCC should “grandfather handsets previously tested and certified to a HAC standard.” Following "hundreds of hours of tests, surveys, and discussion,” the task force report “represents the best and smoothest [path] towards achieving a universal goal: providing the best technologies and choice to those experiencing hearing loss,” said the Competitive Carriers Association. Current recommendations are “the result of broad stakeholder consensus and are consistent with the Commission’s goals and the public interest,” CCA said. The record confirms the importance of using digital labeling technology, “rather than printed labels and paper inserts,” to provide access to HAC information, said CTA. It encouraged the FCC to promote competition, “rather than adopting a top-down regulatory approach for Bluetooth-connected hearing aids, as suggested by some.” In addition, the Bluetooth Special Interest Group supported adoption of the report's recommendations. There is no indication that the task force’s consensus recommendations “will directly impact or burden the consumer while seeking to achieve 100% HAC,” the group said. “Nearly 100% of all mobile phones, tablets, and PCs currently support some form of Bluetooth technology coupling for audio-related peripherals.”

The supplemental coverage from space (SCS) licensing framework on the FCC’s Thursday open meeting agenda should receive unanimous approval, space industry experts tell us. There was heavy lobbying last week on the draft order, with suggestions for edits and tweaks.